Understanding the Different Organs of the State in Bangladesh
Explore the roles and functions of the Executive, Legislature, and Judiciary in the state of Bangladesh. Learn about the formation of the Executive branch, the significance of the President and Prime Minister, and the interrelation between the Executive, Legislature, and Judiciary. Gain insights into the governance structure of Bangladesh and the constitutional provisions guiding these vital state organs.
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Different Organs of the State (Executive, Lagislature & Judiciary) Bangladesh K. M. Abdul Kader Deputy Director BPATC 1
Session Plan Introduction The Executive Formation of Executive Functions of Executive The Legislature of Bangladesh Functions of Legislature Supremacy of Legislature The Judiciary of Bangladesh Functions of Judiciary Relation between Executive and Legislature Relation between Executive and Judiciary and Legislature Conclusion. 2
Introduction Bangladesh State Executive (The Cabinet) Judiciary (CJB) Legislature (The Parliament) 3
Introduction THE EXECUTUVE Executive Organ refers to- Area of Public Administration; Government in Action and Most visible State Functionaries; Policy Initiatives and Execution; Various Instruments for Service Providing to the People; Reflects & realize People s Will. 4
Formation of Executive The President (Head of State) Prime Minister Ministers (State & Deputy Ministers) {Actors in Executive born in Legislature} 5
Formation of Executive The President The President is the Head of State and is elected by the members of parliament (Article 48). Article 48(3) of the constitution reflects that consultation with the Prime Minister excepting the appointment of the Prime Minister and the Chief Justice is a constitutional compulsion. The constitutional provision is as follows: Article 48(3): In exercise of all his functions, save only that of appointing the Prime Minister pursuant to clause(3) of article 56 and the Chief Justice pursuant to clause (1) of article 95, the President shall act in accordance with the advice of the Prime Minister : 6
Formation of Executive The President contd. Provided that the question whether any, and if so what, advice has been tendered by the Prime Minister to the President shall not be enquired into in any court. (4) A person shall not be qualified for election as President if he (a) is less than thirty five years of age; or (b) is not qualified for election as a member of Parliament; or (c) has been removed from the office of President by impeachment under this Constitution. (5) The Prime Minister shall keep the President informed on matters of domestic and foreign policy, and submit for the consideration of the Cabinet any matter which the President may request him to refer to it. 7
Formation of Executive The President Term of office of President 50. (1) Subject to the provisions of this Constitution, the President shall hold office for a term of five years from the date on which he enters upon his office: Provided that notwithstanding the expiration of his term the President shall continue to hold office until his successor enters upon office. contd. (2) No person shall hold office as President for more than two terms, whether or not the terms are consecutive. (3) The President may resign his office by writing under his hand addressed to the Speaker. (4) The President during his term of office shall not be qualified for election as a member of Parliament, and if a member of Parliament is elected as President he shall vacate his seat in Parliament on the day on which he enters upon his office as President. 8
Formation of Executive The Prime Minister & The Cabinet The Executive power of the Republic is exercised by or on the advice of the Prime Minister who commands the support of the majority members of parliament; Other ministers, state ministers and deputy ministers are appointed as per wish of the Prime Minister; The Prime Minister nominates the cabinet members from among parliament members and up to one tenths of the total from outside the parliament; The cabinet is collectively responsible to the parliament. -Art.55(3) 9
Formation of Executive The Prime Minister & The Cabinet contd. 57. Tenure of office of Prime Minister (1) The office of the Prime Minister shall become vacant (a) if he resigns from office at any time by placing his resignation in the hands of the President; or (b) if he ceases to be a member of Parliament. (2) If the Prime Minister ceases to retain the support of a majority of the members of Parliament, he shall either resign his office or advise the President in writing to dissolve Parliament, and if he so advises the President shall, if he is satisfied that no other member of Parliament commands the support of the majority of the members of Parliament, dissolve Parliament accordingly. (3) Nothing in this article shall disqualify Prime Minister for holding office until his successor has entered upon office. 10
Formation of Executive The Prime Minister & The Cabinet contd. 58. Tenure of office of other Ministers (1) The office of a Minister other than the Prime Minister shall become vacant (a) if he resigns from office by placing his resignation in the hands of the Prime Minister for submission to the President; (b) if he ceases to be a member of Parliament, but this shall not be applicable to a Minister chosen under the proviso to article 56(2); (c) if the President, pursuant to the provisions of clause (2), so directs; or (d) as provided in clause (4). (2) The Prime Minister may at any time request a Minister to resign, and if such Minister fails to comply with the request, may advise the President to terminate the appointment of such Minister. (3) Nothing in sub clauses (a), (b) and (d) of clause (1) shall disqualify a Minister for holding office during any period in which Parliament stands dissolved. (4) If the Prime Minister resigns from or ceases to hold office each of the other Ministers shall be deemed also to have resigned from office but shall, subject to the provisions of this Chapter, continue to hold office until his successor has entered upon office. 11
Functions of Executive Formulation and Implementation of Public Policy; Administrative; Legislative {Recommend legislation and issue Ordinances. (93)} Enforces the laws enacted by the Legislature Make and issues orders, rules, regulations, bye-laws or other instruments for effective governance of the govt. departments. 12
Contnd. Functions of Executive Maintains the internal law and order in the country Present Annual Financial Reports and Proposals of the expenditure and taxes before the Parliament for approval. Maintain Relation with foreign governments Dispatches responsibility for delivering welfare services of all the departments to the people Command Armed Forces for defense, liberty, and protection of security and sovereignty of the country. Adjourn and dissolve the Legislature (President) 13
Structure of Executive The Cabinet The PM Minister Minister Minister Minister Minister Div. Div. Div. Div. Div. Div. Div. Div. Div. Attached Departments / Field Administration / LGIs etc. 14
LEGISLATURE OF BANGLADESH Republic is the source of all powers: 7. (1) All powers in the Republic belong to the people, and their exercise on behalf of the people shall be effected only under, and by the authority of, this Constitution. Legislature represents the people directly. Opinion of Legislature is opinion of the people. The legislative organ of Bangladesh is a unicameral Parliament, or Jatiyo Sangsad (House of the nation)- Art.65 (1) Makes the laws for the nation. Members of Parliament, who must be at least twenty-five years old, are directly elected from 300 territorial constituencies. Art.65 (2) (3). 66 15
Contnd. LEGISLATURE OF BANGLADESH 50 women members will be indirectly elected proportionately by political parties represent in the parliament. Parliament sits for a maximum of five years, must meet less than thirty days after election results are declared. -Art.72 (2) (3) -Art.65 (3) The president calls Parliament into session- Art.72 (1) The assembly elects a speaker and a deputy speaker, who chair parliamentary activities. Parliament also appoints standing committees, and special committees. -Art.74, 76 Parliament debates and votes on legislative bills. -Art.75 1 (b) 16
Contnd. LEGISLATURE OF BANGLADESH Decisions are taken by a majority vote of the members, with the presiding officer abstaining from voting except to break a tie. -Art.75 1 (b) A quorum is sixty members. -Art.75 (2) If Parliament passes a non-money bill, it goes to the president; if he disapproves of the bill, he may return it to Parliament within fifteen days for renewed debate. If Parliament again passes the bill, the President shall assent to the bill within 7 days and it becomes law. -Art.80 (3) (4) If the president does not return a bill to Parliament within fifteen days, it automatically becomes law Art.80 (3). All money bills require a presidential recommendation before they can be introduced for debate in Parliament. 82 17
Functions of Legislature [65-93] (Legislative Body of the Country) Legislation -Art. 65/80/75(1) Amendment of the Constitution, if any -Art.142 Regulation of Public Moneys -85 Committees of Parliament- 76 Ensuring Accountability of the government Impeachment/Removal of President -Art. 52/53 Run by the Rules of Procedure of Parliament- 75 18
Supremacy of Legislature The Legislature is the Law making body. Each and every bill proposed/recommended by the executive has to be initiated, discussed, reviewed, amended and voted upon in the legislature. So, ultimately, it is the legislature that decides which bills should be passed. The Executive can make and promulgate Ordinance. But the continuous validity of this ordinance has to be ratified by the legislature within 30 days of it s first session after the Ordinance is made. Otherwise it will lose its validity. -Art.93 The validity of the proceedings in parliament shall not be questioned in any court. (78.1) No tax shall be levied of collected except by or under the authority of an act of parliament (83) 19
THE JUDICIARY OF BANGLADESH (Article 94 117) The Judiciary of Bangladesh is based on the Constitution and the laws enacted by the legislature and interpreted by the higher courts. Bangladesh Supreme Court is the highest court of Bangladesh. It consists of two divisions, the High Court Division and the Appellate Division. There are other subordinate courts as well. 20
Functions of Judiciary (94-117) (Adjudicating body of the country) Administration of justice Custodian of the Constitution declares a law etc. null and void if it violates the constitution -Art.7(2), 26 Interpretation of laws, the Constitution and the statutes to clear conflict and confusion (106) Hear and decide disputes and appeals (103) Rule making power of the supreme court- (107) Binding effect of supreme court Judgment (111) 21
Advisory jurisdiction of Supreme Court (Article-106) If it appears to the President that a question of law has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the matter to the Appellate Division. The Appellate Division, after such hearing as it thinks fit, report its opinion thereon to the President. 22
Separation of Power The Constitution deals with the three pillars of the state as following : Legislature: articles 65-93; Executive: articles 48-64; Judiciary: articles 94-117; All of the 3 organs of the state enjoy the opportunities of separation of power as their roles, functions and responsibilities are well defined and provided by separate provisions in separate chapters specifically in the constitution. 23
Separation of Judiciary from the executive. -Art. 22 The State shall ensure the separation of the judiciary from the executive organs of the State The supreme court of Bangladesh: The supreme court of Bangladesh was established in accordance with the provision of the Article 94 of the constitution of Bangladesh which provide that there shall be a supreme court of Bangladesh comprising the appellate division and the high court division. It is the highest court of Bangladesh supervise courts of Bangladesh is the last resort of the aggrieved person. 24
The appellate Division: The appellate division of supreme court had no original jurisdiction but it had appellate jurisdiction only.The jurisdiction of the appellate court classify below: Ordinary or General Jurisdiction. Constitutional jurisdiction. -Art.104, 105 The High court division: Article 101 of the constituent provides that the High Court Division shall have original and appellate jurisdiction and such other jurisdiction as may be authorized by law. The jurisdiction of the high court division may be divided in to two: Ordinary or general jurisdiction Constitutional jurisdiction -Art.101, 102 25
Relation between the Executive organ and the Legislature Appointment of the Prime Minister -Art 56(3) Appointment of Ministers -Art 56 (2) The cabinet shall be collectively responsible to the parliament -Art 55(3) Tenure of the govt. -Art 57 (2) Rights of Ministers as respects of parliament -Art 73A Standing Committees of Parliament -Art 76 26
Relation between the Executive and the Judiciary Art 101. Jurisdiction of High Court Division Art 102. Powers of High Court Division to issue certain orders and directions, etc. Art106. Advisory Jurisdiction of Supreme Court Art 111. Binding effect of Supreme Court judgments Art 112. Action in aid of Supreme Court. 27
Relation between the Legislature and the Judiciary Art 7 (2) Art 26 Art 44 Art 103 (4) Art 105 Art107 (1), 107 (2) 28
Conclusion: The state stands on and is run by these three pillars. So, each of the organs are inseparable from one another. Ultimately, all of them are directly or indirectly, to some extent, dependent on each other for the effective and efficient performance of the state functions to run the state smoothly. There is, constitutionally, a checks and balances among the three pillars of Bangladesh. No organ or person can be excess authoritative by centralization of powers. 29
Thank You 30
The Structure of Judiciary Annexure: 31
SUB-ORDINATE CIVIL COURTS: Annexure: The following five civil courts exist in general hierarchy: District Judge Court: It has original, appellate, revisional, transfer, review and reference jurisdiction. Additional District Judge Court: It has same powers as to the District Judge but can exercise his power only if the District Judge refers any matter to him; Joint District Judge Court; Senior Assistant Judge Court; Assistant Judge Court. 32
SUB-ORDINATE CRIMINAL COURTS: Annexure: Sub-ordinate Criminal courts are sub-divided into two categories: 1. SESSION COURT: There are three session courts in district level (i.e. out of the Metropolitan areas); District Session Judge Court: Original, appellate, revision, transfer and reference jurisdiction; and can pass any judgment and try any cases but death sentence must be confirmed by the HCD; Additional District Session Judge Court: No original jurisdiction; and can try cases referred by the District session judge court; Joint District Session Judge Court: can pass sentence up-to ten years imprisonment. 33
Annexure: Accordingly in the Metropolitan areas there are three Metropolitan Session courts; Metropolitan Session Judge Court Additional Metropolitan Session Judge Court Joint Metropolitan Session Judge Court: These Courts have the same jurisdiction as their counterparts have in session courts; but their territorial jurisdiction is limited only in the metropolitan areas. 34
2. MAGISTRATE COURT: Annexure: Magistrate Courts are of two kinds: (a) Executive Magistrate: Is mainly an administrative Magistrate, holds the limited trial power in Mobile Courts generally. (b) Judicial Magistrate: There are four types of Judicial Magistrate courts in district level; Chief Judicial Magistrate Court: The highest court of the Magistracy. Additional Chief Judicial Magistrate Court: Can exercise a case as referred by the Chief Judicial Magistrate. Senior Judicial Magistrate Court: It is a 1st class Magistrate s court, Judicial Magistrate Court: It is a 2nd or 3rd class Magistrate s court. 35
Annexure: Accordingly in the Metropolitan areas there are three Metropolitan Magistrate courts; Chief Metropolitan Magistrate Court Additional Metropolitan Magistrate Court Metropolitan Magistrate Court All Metropolitan Magistrates are 1st class Magistrate. These Courts have the same jurisdiction as their counterparts have in Judicial Magistracy; but their territorial jurisdiction is limited only in the metropolitan areas. 36
Annexure: SPECIAL COURTS: Labour Courts: Labour Court deals with cases arising from labour disputes. Administrative Tribunals: Administrative Tribunals exercise its power regarding service disputes of public servants. Income Tax Appellate Tribunals: Income Tax Appellate Tribunals exercise its power regarding income tax disputes, custom and excise matters. VAT Appellate Tribunals decide disputes regarding custom and excise duties and VAT. Money Loan Courts: Artha Rin Adalats decide money claims of banks and other financial institutions. Insolvency Courts: Insolvency Courts declare defaulting borrowers as insolvent. 37
Annexure: SPECIAL COURTS: Contnd. Nari o Shishu Nirjaton Domon Tribunal; Druto Bichar Tribunal; Jono Nirapotta Tribunal; Cyber Tribunal; Special Tribunal; Juvenile Court; Environment Appellate Court; Court of Settlement; Special Tribunal Securities and Exchange Commission. 38
