Judiciary

 

 

 

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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