The judiciary in Bangladesh is monolithic in structure.
At the apex of the country's Judiciary stands the
Supreme Court. The
Supreme Court serves as the Guardian of the Constitution and
enforces the fundamental rights of the citizens.
President of the Bangladesh appoints the Chief Justice
and the other judges from among the senior advocates and
judicial officials. A judge holds office till he attains the
age of sixty-five years and may not be removed from office
except on the advice of the supreme judicial council
consisting of the chief justice and the next two senior
judges of the supreme court. Subject to the provisions of
the constitution, the chief justice and the other judges are
independent in the exercise of their judicial functions.
the Supreme Court functions in two divisions-- the
Appellate
Division and the
High Court
Division. The Hiogh Court has both original
and appellate jurisdictions. In exercise of its writ
jurisdiction, it may give directions or orders to any person
or authority for enforcement of the fundamental rights
guarenteed by the constitution. It may also issue writs of
habeas corpus. The appellate division hears appeals from the
judgements and orders of the high court. An appeal to this
division lies as of right in a case where the high court has
sentenced a person to death or to imprisonment for life or
has imposed punishment for its contempt. In all other cases
appeals shall lie only if the high court grants a
certificate or the appellate division grants leave to
appeal.
There are subordinate courts at district and thana levels
as well as special courts and tribunals such as
Administrative Tribunal, Family Courts, Labour Tribunal,
Land, Commercial, Municipal and Marine Courts.
A permanent Law Commission has been set up to reform and
revamp the legal framework of the country. But the long
awaited step to separate the judiciary from the executive
has not been taken so far.
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