assignment on law making process in bangladesh

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The Legal System of the Peoples’ Republic of Bangladesh

By Mohammad Ershadul Karim

Dr. Mohammad Ershadul Karim is a Senior Lecturer at the Faculty of Law, University of Malaya, Kuala Lumpur, Malaysia and a non-practicing lawyer enrolled with Bangladesh Supreme Court.

Published November/December 2023

(Previously updated by Omar Sial & Md. Ershadul Karim in June 2010 ; by Md. Ershadul Karim in April 2013 , May 2016 , and in July/August 2018 )

See the Archive Version!

1. background, 2. location and geography, 3. constitution, 4. constitutional status of islamic law, 5. government, 6. parliament – the house of the nation, the jatiya sangsad, 7. law making process, 8. legal system of bangladesh, 9. codification of laws, 10. bangladesh gazette, 11.1. the supreme court of bangladesh, 11.2.1. civil courts, 11.2.2. criminal courts, 12. bangladesh judicial service commission & judicial administration training institute, 13. law reports, 14. legal profession in bangladesh, 15. bangladesh law commission, 16. arbitration law in bangladesh, 17. intellectual property law, 18. legal education, 19. legal research, 20. law libraries, 21. other related important websites.

Bangladesh is officially known as the Peoples’ Republic of Bangladesh ( Article 1, the Constitution of the People’s Republic of Bangladesh, 1972 ). Being a part of the ancient Indian subcontinent, the history of Bangladesh is as old as the history of both India until 1947 and Pakistan until 1971. Bangladesh became independent on March 26, 1971, under the name Bangladesh, meaning the “land of Bengal” or “Country of Bengals”. Bangladesh seceded from Pakistan on December 16, 1971, when Pakistani troops in East Pakistan surrendered to a joint command of Bangladesh and India. The historic speech containing the Declaration of Independence on March 7, 1971 by the Father of the Nation Bangabandhu Sheikh Mujibur Rahman has recently been listed as documentary heritage by the United Nations Educational, Scientific and Cultural Organisation (UNESCO).

Though Bangla, the national language in Bangladesh, is the seventh most common language with speakers from some Indian states of West Bengal, Assam and Tripura, the citizens of independent Bangladesh, known as Bangladeshis, are very proud of their Bangla language. When the present Bangladesh was part of Pakistan (East Pakistan), the rulers based in the then-West Pakistan (present Pakistan) declared Urdu as the only state language. Masses of people protested the decision and on February 21, 1952, some students sacrificed their lives and hundreds were injured to establish Bangla as the state language. Since then, the day has been being celebrated as ‘Language Martyrs’ Day’. Thus, Bangla is the only language in the world for which people sacrificed their lives. To represent the event, the UNESCO has observed International Mother Language Day on February 21, every year since 2000.

Three sites, i.e., the historic Mosque in the City of Bagerhat, ruins of the Buddhist Vihara at Paharpur and the Sundarbans, largest ever mangrove forest in the world are listed in the UNESCO World Heritage list . Seven other sites are included in the organization’s tentative list: Archaeological Sites on the Deltaic Landscape of Bangladesh, Archaeological Sites of Lalmai-Mainamati, Cultural Landscape of Mahasthan and Karatoya River, Mughal Mosques in Bangladesh, Mughal and Colonial Temples of Bangladesh, the Architectural Works of Muzharul Islam: an Outstanding Contribution to the Modern Movement in South Asia, and Mughal Forts on Fluvial Terrains in Dhaka.

Bangladesh is the second largest Muslim state with 165 million people. The country is now recognized as a model for the world because of its number of achievements nationally and internationally. It is the second largest exporter of the readymade garments in the world after China, the second largest jute producer after India, fourth largest inland freshwater fish producer, with 3.7 million tonnes of vegetables in a year it is third fastest vegetable producer after China and India and eighth largest producer of mango in the world. United Nation’s Food and Agricultural Organisation expected Bangladesh to be the world’s fourth largest rice producer in 2017. The country is becoming a major player in pharmaceutical sector with 20% growth and exports medicines to 100 countries because of patent exemption requirements till 2032. It supplies the second highest number of online workers , after India.

From being the largest least developed country in terms of population and economic size, the country is in the right direction to attain the status of developing country because of her remarkable progress in poverty reduction and human development even with daunting challenges. Bangladesh reached the World Bank’s lower-middle income status in 2015 and is on track to graduate from the list of the United Nation’s least developed countries in 2026. The country, after successfully meeting several targets of Millennium Development Goals, e.g., reduction of poverty gap ratio, attainment of gender parity at primary and secondary education, and reduction of mortality rate of below five years age, etc., has committed to implement the Sustainable Development Goals of the United Nations.

The government functions and activities are run by 58 ministries and divisions along with 353 departments. There are four levels in the local government administration and the country is divided into eight divisions and 64 districts, 495 upazillas , and 4554 union parishard .

For Bangladesh National Portal, visit here Bangla , English .

Bangladesh lies in the northeastern part of the Indian subcontinent—which is located in southern Asia. With more than 900 rivers including tributaries, Bangladesh is known as the land of rivers and had some of the most confusing territories on the planet. Bangladesh is almost completely surrounded by India, except for a short frontier with Myanmar in the southeast and a coastline along the Bay of Bengal in the south. Bangladesh, with 95 to 119 enclaves (known as Chitmahals ) inside India, had the second largest numbers of enclaves in the world after India. Until August 1, 2015 when Bangladesh and India formally exchanged 162 enclaves, this situation was portrayed as the ‘ world’s craziest border ’ or ‘ the weirdest border dispute in the world’ .

Read an article on Bangladesh and India enclave exchange at the Migration Policy Institute .

The country consists mainly of the deltaic plains of the Ganges and Brahamaputra rivers and a small portion of the country bordering Myanmar. The 120km beach in Cox’s Bazar located in the southern part of the country on the Bay of Bengal is the longest unbroken stretch sea beach in the world. Bangladesh has an area of 55,598 square miles (143,998 sq. km). It is one of the most densely populated areas in the world. Dhaka, with a history of more than four hundred years as the capital of the then-Bengal, is the national capital and the largest city.

The Constitution of Bangladesh was adopted on November 4, 1972, and has undergone 16 amendments to date. Originally the Constitution provided for a parliamentary form of government. However, the Constitution was thoroughly amended by the Fourth Amendment to the Constitution in 1975 and a Presidential form of government was introduced. Major changes were further introduced in the Constitution by the Fifth, Seventh and Eighth Amendments; and the Twelfth Amendment to the Constitution brought back the original Parliamentary form of government. However, very recently, the Supreme Court declared the Fifth, Seventh and Thirteenth Amendments to the Constitution illegal. Consequently, as after being inspired by the order of the Supreme Court, the Parliament of Bangladesh, through the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), revised the whole Constitution significantly.

Women’s rights and the principles of gender equality come under the Fundamental Principles of State Policy and are protected by Article 10, i.e., participation of women in national life as well as under Articles 26 to 29 of the Part on Fundamental Rights, affirming equality of all citizens before the law. Rights of minority groups have been protected by Article 41, which reiterates that religions may be practiced in peace and harmony (subject to law, public order and morality).

Constitution of Bangladesh 1972
Article on the Constitutional Amendments in Banglapedia , National Encyclopedia of Bangladesh
Historic judgment on the Fifth Amendment to the Constitution of Bangladesh
Historic judgment on the Seventh Amendment to the Constitution of Bangladesh
Historic judgment on the Sixteenth Amendment to the Constitution of Bangladesh

The constitutional status of religion in Bangladesh is ambiguous. While Article 41 to the Constitution of Bangladesh, 1972 recognises the freedom of religion subject to law, public order and morality, Article 2A to the Constitution of Bangladesh, 1972 was amended in 2011 through the provisions of the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), which provides that the state religion of the Republic is Islam, but the State shall ensure equal status and equal right in the practice of the Hindu, Buddhist, Christian and other religions. Interestingly, the Fifteenth Amendment to the Constitution has also amended the provisions on ‘secularism’. The Preamble to the Constitution has acknowledged that the high ideals of nationalism, socialism, democracy, and secularism inspired our heroic people to dedicate themselves and our brave martyrs to sacrifice their lives in the national liberation struggle and these shall be the fundamental principles of the Constitution. Secularism is also included as one of the fundamental principles of state policy in article 8(1) of the Bangladesh Constitution . Finally, an attempt has been made to clarify the relationship between secularism and freedom of religion in article 12 of the Bangladesh Constitution, 1972 . It states, “The principle of secularism shall be realised by the elimination of – (a) communalism in all its forms; (b) the granting by the State of political status in favour of any religion; (c) the abuse of religion for political purposes; (d) any discrimination against, or persecution of, persons practicing a particular religion.”

While the Government generally respects this provision in practice, religion exerts a powerful influence on politics, and the Government is sensitive to the Muslim consciousness of its political allies and the majority of its citizens. Citizens generally are free to practice the religion of their choice; however, policies are normally ineffective in upholding law and order and are often slow to assist members of religious minorities who have been victims of crimes. Although the Government states that acts of violence against members of religious minority groups are politically or economically motivated and cannot be solely attributed to religion, human rights activists reported an increase in religiously motivated violence.

The President, while the Head of State ( article 48(2), the Bangladesh Constitution, 1972 ), holds largely a ceremonial post to appoint the Prime Minister and the Chief Justice ( articles 56 and 95, the Bangladesh Constitution, 1972 ); the real power is held by the Prime Minister, who is the Head of Government. The President is elected by the legislature (Members of Parliament) for five years ( Articles 48(1) and 50, the Bangladesh Constitution, 1972 ). The President’s circumscribed powers were substantially expanded during the tenure of a Caretaker Government, which is now repealed by the provisions of the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011). Under the Thirteenth Amendment to the Constitution, which the Parliament passed in March 1996, a Caretaker Government assumed power temporarily to oversee general elections after dissolution of the Parliament. In the Caretaker Government system, the President had control over the Ministry of Defense, the authority to declare a state of emergency, and the power to dismiss the Chief Adviser and other members of the Caretaker Government. Once a national election was held and a new government and Parliament were in place, the President’s powers and position revert to their largely ceremonial role.

Read the article on Caretaker Government in Banglapedia , National Encyclopedia of Bangladesh. Read the Appellate Division Judgement declaring the Constitution (Thirteenth Amendment) Act, 1996 (Act 1 of 1996) void [a large portion of the text is in Bangla language].

The Prime Minister, appointed by the President ( Articles 48 (3) and 56(3), the Constitution of Bangladesh, 1972 ), must be a Member of Parliament (MP) whom the President feels has the confidence of the majority of other MPs ( Article 56 (3), the Bangladesh Constitution, 1972 ). The Cabinet is composed of Ministers selected by the Prime Minister and appointed by the President. At least 90% of the Ministers must be MPs. The other 10% may be non-MP experts, or “technocrats”, who are not otherwise disqualified from being elected MPs. According to the Constitution, the president can dissolve the Parliament upon the written request of the Prime Minister ( Article 57 (2), the Bangladesh Constitution, 1972 ).

Find more information about the President of Bangladesh and the Prime Minister’s Office .

The legislature is a unicameral, 300-seat body. All its members are elected by universal suffrage at least every five years. Parliament amended the Constitution in 2011, making a provision for adding 50 seats reserved for women and to be distributed among political parties in proportion to their numerical strength in Parliament ( Article 65(3), the Constitution of Bangladesh, 1972 ).

All citizens of Bangladesh of and above the age of 18 and of sound mind, resident of a constituency and not convicted of any offence under the Bangladesh Collaborates (Special Tribunal) Order, 1972 , who have registered themselves as voters ( Article 122, the Constitution of Bangladesh, 1972 ), form the electorate. Each constituency elects one Member of Parliament on the basis of direct election. All citizens of Bangladesh who have attained the age of 25 is qualified to be elected in the Parliament. Those disqualified include the insane, un-discharged bankrupts, persons who on conviction for a criminal offence involving moral turpitude who have been sentenced to imprisonment for not less than two years unless five years have elapsed since their release, persons owing allegiance to a foreign state, and persons holding an office of profit in the service of the Republic ( Article 66 (2), the Constitution of Bangladesh, 1972 ).

A general election for a new Parliament takes place on the same day in all constituencies. Depending on the size of a constituency and its total number of voters, several polling centres are set up with arrangements for voters to exercise their franchise freely, peacefully and in secrecy. Polling officials in each centre—in the presence of candidates or their nominees—count votes. The result is sent to the Returning Officer in sealed covers together with ballot papers. The Returning Officer, generally the Deputy Commissioner of the district, communicates the result of each constituency to the Election Commission after he has compiled the results in the presence of the candidates or their authorised representatives. Unofficial results start being announced in various media from the evening of the Election Day. The Election Commission declares the result of the general election formally a few days later through the publication of the names of winning candidates in the official Bangladesh Gazette. Members-elect are administered an oath of office by the outgoing Speaker.

The Parliament of Bangladesh runs its business according to the Rules of Procedure . The Rules of Procedure contains detailed provisions as to Summoning, Prorogation and Dissolution of Parliament and Seating, Oath and Roll of Members, Election of the Speaker and Deputy Speaker and nomination of a Panel of Chairmen, Powers and functions of the Speaker and the Deputy Speaker, Sittings of the House, Arrangement of Business and Orders of the Day, President’s Address and Messages to and from the House, Questions and Short Notice Questions, Motion for adjournment on a matter of public importance, Discussion on matters of urgent public importance for short duration, Calling attention to matters of urgent public importance, Legislation, Amendment of the Constitution, Petitions, Procedure in Financial Matters, and all other issues necessary in order to run the business of the Parliament.

For more detail on the Parliament of Bangladesh, visit the Parliament’s website .
For more details on the Election Commission of Bangladesh (in Bangla), visit the Commission’s website .
For more detail on election related important laws (in Bangla), visit the Bangladesh Election Commission website.

Article 80 of the Bangladesh Constitution, 1972 provides that every proposal in the Parliament for making a law shall be made in the form of a Bill and When a Bill is passed by the Parliament it shall be presented to the President for assent. The Parliament can make any law which is not inconsistent with the Constitution since any law inconsistent with the Constitution, to the extent of inconsistency, is void ( Article 7(2), the Constitution of Bangladesh, 1972 ). See the Legislative Process followed in Bangladesh Parliament . Read the Bangladesh Secretariat Instructions , 2014 [in Bangla].

As a English common law country, Bangladesh’s Supreme Court has the power not only to interpret the Constitution ( articles 103(2) (a) and 110, the Constitution of Bangladesh, 1972 ) and the laws made by the Parliament, but it can also declare them null and void when they are found inconsistent with any of the provisions of the Constitution and enforce fundamental rights of the citizens ( articles 7 (2) and 44, the Constitution of Bangladesh, 1972 ). Although founded on the English common law system, the laws of Bangladesh take a statutory form, which are enacted by the legislature and interpreted by the Supreme Court.

The word ‘law’ is defined in Article 152 of the Bangladesh Constitution, 1972 . It says that “law” means any Act, ordinance, order, rule, regulation, byelaw, notification, or other legal instrument, and any custom or usage, having the force of law in Bangladesh. Under this definition, the Act of Parliament, the Ordinance and President’s Orders are treated as primary legislation, whereas rules and regulations are considered as secondary legislation. It may be relevant to mention here that seven regulations which were enacted during the British time by the Governor-General in Council by virtue of the Regulating Act, 1773 were considered as primary legislation and were included in the Bangladesh Code. Bangladesh Law Commission commissioned studies and published two reports, report no. 109 (2011) and report no. 116 (2012), regarding the historical background and status of these regulations.

Besides, article 111 of the Constitution of Bangladesh, 1972 provides that the law declared by the Appellate Division shall be binding on the High Court Division and the law declared by either division of the Supreme Court shall be binding on all courts subordinate to it. Therefore, the statutory laws, secondary legislation and judgment laws or precedent along with customs and usage all form the sources of law in Bangladesh.

There are strong legal obligations for the codification, translation, and publication of existing Bangladeshi laws. Section 6 of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act no. VIII of 1973) , provides that, “all Acts of Parliament, Ordinances and President’s Order in force in Bangladesh shall be printed in chronological order under the name and style of Bangladesh Code.”

The emergence of Bangladesh as an independent, sovereign country called for necessary amendments, adaptations, and the repeal of certain laws as well as the enactment of new laws and translation of laws into Bangla version to meet the changed and changing political, social and economic needs of the new country. Commensurate with this requirement, the Ministry of Law, Justice and Parliamentary Affairs started examining the existing laws for adaptation, codification and publication for said purposes. Accordingly, Bangladesh Code, Volumes I-XI were published containing the laws enacted between 1836 to 1938. But due to the lack of proper leadership, manpower, and sound organizational support, the process had proceeded no further. As a result, laws enacted after 1938 were kept scattered and unattended to, which used to create unbearable suffering to all people having interest in Bangladesh laws including lawyers, judges, students of laws, journalist and so on. Fortunately, during the political government led by BNP (2001-2006), with the support of the Canadian International Development Agency (CIDA), the Ministry of Law, Justice and Parliamentary Affairs started the codification of Bangladesh Code , which saw the light of the day during the tenure of Dr. Fokruddin Ahmed, who took the oath of office as Chief Adviser (Prime Minister) of the Caretaker Government of Bangladesh in 2007. This is undoubtedly a milestone in the legal history of Bangladesh. The oldest and the shortest (with only one section and without any preamble or long title) law as applicable in Bangladesh is the Districts Act, 1836 . However, as of today, no effective steps have been taken to compile the existing rules, regulations, by-laws, notifications, statutory orders, etc. in a single place like the Bangladesh Code .

Pertinent to mention here that though Bangla is the State language of Bangladesh (article 3, the Constitution of Bangladesh, 1972), even after the independence in 1971 till 1987 all laws were enacted in English and hence most of the educated people who are non-familiar with the technical legal terms remain ignorant of the provisions of law, let alone the position of illiterate people. In 1987, by the enactment of the Bangla Bhasha Procholon Ain , 1987 (Act No. 2 of 1987) [The Introduction of Bangla Language Act, 1987], it was provided that, from now on, all laws shall be enacted in Bangla. As a result, from then on, all laws have been enacted in Bangla with some exceptions where English authoritative translations of few laws are also made by the Drafting Wing of the Ministry of Law, Justice and Parliamentary Affairs. The list of some of these laws includes, inter alia , the Trademark Act, 2009, the Right to Information Act, 2009, the Money Laundering Prevention Act, 2012, etc. Similarly, some of the laws which were originally enacted in English were subsequently translated in Bangla. The list of some of these laws includes the Mines Act, 1923, the Census Order, 1972, the Administrative Tribunal Act, 1980, etc. Later on, the Government, with the help of United Nations Development Program (UNDP) has started, under its Access to Justice Project, the translation of the laws in Bangladesh Code. Once this Project is successfully completed, it can be anticipated that all laws of the land shall be bilingual and available in both Bangla and English.

Bangladesh Government Press widely known as BG Press is the lying-in house of Government Publications and for classified materials like Reports, Budget, Bills, Acts, Ordinances, Rules, Regulations, Statutory Orders, Resolutions, leaflets, Posters, etc. Synchronizing with the geo-political change and rearrangements those came on the map of this area BG Press has got its present infrastructure, manpower, technology back-up and product range. A good number of Presses established in different parts of British India including the East Bengal Government Press at Alipur, Calcutta (now Kolkata). During the partition of British India as an independent Government print-house of State it was temporarily shifted in the previous Central Jail, (Nazimuddin Road), Dhaka. It came into operation by 1948 with a few mounds of lead type-metal and two worm-out printing machines. Then in 1953 it was again shifted and permanently established at the present venue. By the year 1956 it was introduced as East Pakistan Government Press (EPGP) and then the manpower strength was 1400. After the emergence of Bangladesh as an independent country in 1971, the EPGP was renamed as Bangladesh Government Press (BG Press).

The Heidelberg Bangladesh Law Translation Project : This site contains the English translation of laws enacted in Bangla between 1985-1995. Although, the effort made should be welcomed, the translation of laws under this Project should not be considered as a proper legal translation, rather from the reading of the laws it appears that the translation of laws was either generated using computer software or done by people without sufficient knowledge on legal translation and legal drafting.

11. Judicial System

The Judiciary of Bangladesh consists of a Supreme Court, Subordinate Courts and Tribunals established under the provisions of different statutes.

The Supreme Court of Bangladesh is comprised of the Appellate Division and the High Court Division. It is the apex Court of the country; other Courts and Tribunals are subordinate to it. The Supreme Court has the jurisdiction to interpret the Constitution and other laws of the land and it is the guardian of the Constitution. The Constitution provides for detailed provisions as to the appointment, tenure, powers and functions of the judges of the Supreme Court.

The Appellate Division, the highest Court of Appeal, has the jurisdiction to hear and determine appeals from judgments, decrees, orders or sentences of the High Court Division, review its own judgments and orders. It has rule making power for regulating the practice and procedure of each Division and of any Court subordinate to it ( Article 103, the Constitution of Bangladesh, 1972 ). Under article 106 of the Constitution, 1972 , the Appellate Division, with the request of the President, has the power to give its opinion on a serious question of law having public importance.

The High Court Division has both appellate as well as original jurisdiction. It hears appeals from orders, decrees, and judgments of subordinate Courts and Tribunals. It has original jurisdiction to enforce the fundamental rights of the citizens upon Writ Applications under articles 44 and 102 of the Constitution . It has further original jurisdiction, inter alia , in respect to company and admiralty matters arising out of various statutes. The High Court Division, in special circumstances, also has powers and jurisdiction to hear and dispose of cases under article 110 of the Constitution and has control over all Courts and Tribunals subordinate to it. The Supreme Court is also a Court of Record and can try contempt cases ( article 108, the Constitution of Bangladesh, 1972 ). Visit the Supreme Court website for more information.

Find more details on History of Supreme Court of Bangladesh and Rules of the Supreme Court .

11.2. The Subordinate Courts and Tribunals

A wide variety of subordinate courts (69) and tribunals (8) have been created by various statutes. The powers, functions and jurisdictions of these courts and tribunals are also determined by respective statutes. The major bulk of the cases, both civil and criminal, are tried and heard in such courts and tribunals. Apart from subordinate civil and criminal courts, there are also administrative appellate tribunals, the cyber tribunal, the labour appellate tribunal, etc.

The Civil Courts are created under the Civil Courts Act of 1887 (Act XII of 1887). According to section 3 of the Civil Courts Act, 1887 , there are following classes of Civil Courts, namely:

Court of the District Judge
Court of the Additional District Judge
Court of the Joint District Judge
Court of the Senior Assistant Judge
Court of the Assistant Judge

From the list of the courts above, the three courts at the bottom are consider as the court of first instance having the powers, functions, and jurisdictions in respect to subject matter, territory and pecuniary value determined by or under statutes. The remaining two courts at the top are generally subordinate courts of Appeal in Civil matters. However, the court of District Judge functions, to a very limited extent, as a court of first instance.

The criminal court within the subordinate judiciary are established under section 6 of the Code of Criminal Procedure, 1898 (V of 1898) , which stipulates that there shall be the following categories of criminal courts:

Courts of Sessions; and
Courts of Magistrates.

Section 6 of the Code of Criminal Procedure, 1898 , further says that there shall be two classes of Magistrate, namely:

Judicial Magistrate, and
Executive Magistrate.

The Judicial Magistrates are classified into four categories, namely:

Chief Metropolitan Magistrate in Metropolitan Area and Chief judicial Magistrate to other areas
Magistrate of the first class, who shall in Metropolitan Area, be known as Metropolitan Magistrate
Magistrate of the second class
Magistrate of the third class

Pertinent to mention here that the words “Chief Metropolitan Magistrate” and “Chief judicial Magistrate” shall include “Additional Chief Metropolitan Magistrate” and “Additional Chief judicial Magistrate” respectively.

Among Executive Magistrates, there appear two Magistrates who are to be appointed by the Government as:

District Magistrate,
Additional District Magistrate.

Beside these criminal courts, the Government can appoint a person to work as a Special Magistrate to deal with cases situate generally in any local area outside a Metropolitan area. ( Section 12 of the Code of Criminal Procedure, 1898 ). For details on the jurisdiction of various courts, please see the Judicial Portal .

There are many other specialized courts and tribunals, which are established under the provisions of different statutes. For example, Environment Courts are established under the Environment Court Act, 2010 (in Bangla), Acid Crime Tribunals are established under the Acid Crime Control Act, 2002 (in Bangla), Labour courts are established under the Bangladesh Labour Act, 2006 (in Bangla), and Nari-O-Shishu Nirjatan Daman Tribunals established under the Nari-O-Shishu Nirjatan Daman Ain, 2000 (in Bangla), etc.

Apart from these subordinate courts, the Village Court Act, 2006 was enacted with the aim to establish village courts in the Union Parishads to resolve petty disputes and to provide wider access to dispute resolution services for rural people at the community level, as the formal justice system is overburdened with legal cases. This is not a new initiative; rather it was introduced by the colonial administration, and the current efforts are promoted by the international development partners.

There is a Judicial Service Commission, officially known as the Bangladesh Judicial Service Commission (BJSC) , was structured under the provisions of the Bangladesh Judicial Service Commission Rules, 2007. The BJSC is primarily responsible to assess the suitability of persons for appointments at the entry level of the Bangladesh Judicial Service and to conduct periodical examinations for probationer Assistant Judges/Judicial Magistrates.

The Judicial Administration Training Institute (JATI) was created by the Judicial Administration Training Institute Act, 1995, which provides for the establishment of a training institute, a statutory public authority in nature, to work as focal point for training of members of judicial service and certain other professional connected with the judicial system.

Being a common law country, the Constitution of Bangladesh provides that the law declared by the Appellate Division shall be binding on the High Court Division and the law declared by either division of the Supreme Court shall be binding on all courts subordinate to it ( Article 111 of the Bangladesh Constitution, 1972 ). The Supreme Court declares the law by way of judgment, order and decisions, etc. These judgments, order and decisions are reported in different law reports. Therefore, these law reports play an important role in the study of law, legal research, and legal practices, etc.

In Bangladesh, the law reports are published according to the provisions of the Law Reports Act, 1875 . There are at least seven printed law reports now in Bangladesh, the most popular one is the Dhaka Law Reports (popularly known as DLR) which started its publication in 1948. Bangladesh Legal Decisions (BLD) is published under the authority of the Bangladesh Bar Council. The other law reports are Bangladesh Law Chronicles (BLC), Law Guardian (LG), the Lawyers (Appellate Division Cases/ ADC), Bangladesh Law Times (BLT), and the Mainstream Law Reports (MLR). Even after the establishment of the Supreme Court of Bangladesh in 1972, a law report was published for a few years under its supervision. But that did not continue for long. These Law Reports basically contain the judgments, orders and decisions of the Supreme Court of Bangladesh with some legal articles and statutes. It should be noted that some of the judgments delivered by the Appellate Division and High Court Division of the Supreme Court of Bangladesh are available on the website of the Supreme Court.

See some judgements delivered by the Appellate Division and the High Court Division . Supreme Court Online Bulletin (SCOB) is an online law report published by the Supreme Court of Bangladesh compiling important judgments from the Appellate Division and High Court Division.

Since 2008, Chancery Research and Consultants Trust (CRC-Trust), a socio-legal consulting group has maintained the first Bangladesh Online Case Law Database, the Chancery Law Chronicles . Exciting features of the website include judgments of the Appellate Division of the Supreme Court of Bangladesh, legal dictionary (both judicial and legislative), glossary, explanation of Latin terms and phrases, abbreviations, directory of various categories of government organizations, Law Journal, blog, delegated legislation, newly enacted Laws, policies of the Government of Bangladesh, various official and legal forms, etc.

Bangladesh Bar Council , a statutory autonomous body constituted under the Bangladesh Legal Practitioners and Bar Council Order, 1972 (President’s Order No. 46 of 1972) is the central body to regulate different activities of legal profession including enrolment, professional misconduct etc. The Council is headed by the Attorney-General of Bangladesh and run by a committee of 15 members.

After passing out successfully in the enrolment examination conducted by the Bangladesh Bar Council, a candidate shall be known as advocate but needs to enroll himself/herself in one of the District Bar Associations of his choice to practice as a lawyer. There is a District Bar Association in every administrative district of the country. An association of lawyers in the Supreme Court is known as Bangladesh Supreme Court Bar Association .

The Attorney General of Bangladesh and other members from his team (Additional Attorney Generals, Deputy Attorney Generals and Assistant Attorney Generals), as appointed under article 64 of the Constitution of Bangladesh, 1972 and the Bangladesh Law Officers Order, 1972 represent the government in the Supreme Court. The office of Public Prosecutor and Government Pleaders represent the government in the subordinate courts. The Solicitor’s Office takes care of and monitors litigations by or against the government in different courts of the country including Supreme Court.

The law of the land in a dynamic society requires that it be constantly reviewed by an authority, which is manned by individuals possessing an adequate and thorough knowledge of law and the society in which it operates. Reflecting this, different countries at different times felt the need to establish a law reform agency; Law Commissions have been set up to fulfill this need. In 1996, by the enactment of the Law Commission Act , the Law Commission in Bangladesh started its journey. Visit the Law Commission of Bangladesh to learn more.

Bangladesh has repealed both the Arbitration (Protocol and Convention) Act of 1937 and the Arbitration Act of 1940, and has enacted a new arbitration law, “ The Arbitration Act, 2001 “. The Act is principally based on the UNCITRAL Model Law in International Commercial Arbitration (1985). The new arbitration law consolidates the domestic and international arbitration regime in Bangladesh.

The Act provides that an arbitral tribunal may rule on its own jurisdiction, unless otherwise agreed by the parties in terms of the following questions: (a) whether there is a valid arbitration agreement; (b) whether the arbitral tribunal is properly constituted; (c) whether the arbitration agreement is against public policy; (d) whether the arbitration agreement is capable of being performed, and (e) what matters have been submitted to arbitration in accordance with the arbitration agreement.

Chapter VI of the Arbitration Act, 2001, entitled “Conduct of the Proceedings,” provides in Article 24 that the arbitral tribunal shall not be bound by the Code of Civil Procedure and the Evidence Act of Bangladesh, and that the arbitral tribunal shall follow the procedure to be agreed on by the parties. In terms of setting aside arbitration awards, Chapter VIII of the Act, entitled “Recourse against arbitral awards” is similar to Chapter VII, Article 34 of the UNCITRAL Model Rules. It also provides that Bangladesh courts may set aside awards if they are satisfied that (i) the subject matter of the dispute is not capable of settlement by the arbitration under the law for the time being in force in Bangladesh; (ii) if the arbitral award is prima facie opposed to the law for the time being in force in Bangladesh; (iii) the arbitral award is in conflict with the public policy of Bangladesh or (iv) the arbitral award is induced or affected by fraud or corruption.

The Bangladesh International Arbitration Centre, the first international arbitration institution of the country, is registered as a not-for-profit organization and commenced operations in April 2011 under a license from the Government and with the sponsorship of three prominent business Chambers of Bangladesh, namely, International Chamber of Commerce-Bangladesh (ICC-B), Dhaka Chamber of Commerce & Industry (DCCI) and Metropolitan Chamber of Commerce & Industry (MCCI), Dhaka.

For more about the Bangladesh International Arbitration Centre, visit here.

Read the Report of the Law Commission of Bangladesh on the Arbitration Act, 2001 .

By integrating former “Patent Office” and “Trademarks Registry Office” the Department of Patents, Designs & Trademarks (DPDT) was created in 2003 under the Ministry of Industries of the Government of the People’s Republic of Bangladesh to protect industrial property. Relevant laws are:

The Bangladesh Patents Act 2022 [in Bangla]
The Patents and Designs Rules, 1933
The Bangladesh Industrial Designs Act, 2023 [in Bangla]
The Trademark Act, 2009 [amended in 2015] English version .
The Trademark Rules, 2015 [in Bangla]
The Geographical Indication of Goods (Registration and Protection) Act, 2013 English version
The Geographical Indication of Goods (Registration and Protection) Rules, 2015 [in Bangla]

Various relevant forms relating to patents , design , trademark , and geographical indication are also available. The Copyright Office of Bangladesh , a quasi-judicial body, is an affiliated body under the Ministry of Cultural Affairs entrusted to register copyrightable creations, assist the Copyright Board in disposing appeal cases, conduct taskforce operation to prevent piracy and function as the focal point of World Intellectual Property Organization in Bangladesh. A copyright registration flowchart is available [in Bangla].

At present, a good number of public universities in Bangladesh offer law degrees at both undergraduate and graduate levels, including the University of Dhaka, University of Rajshahi, University of Chittagong, Islamic University, Kushtia, Jagannath University, Dhaka, Jahangirnagar University, Dhaka, Khulna University, Barishal University, Bangabandhu Sheikh Mujibur Rahman Science And Technology University, Gopalganj, Noakhali Science and Technology University, Jatiya Kabi Kazi Nazrul Islam University, and National University, Gazipur. All public universities except National University offer a four-year LL.B. (Hons.) degree at the undergraduate level. National University offers a 2-year LL.B. (Pass) degree at the graduate level through its different affiliated private law colleges (around 70) all over Bangladesh.

In the graduate level, a one-year master’s program, i.e., LL.M., both general and specialized, is being offered by all the public universities except Jahangirnagar University, Dhaka that has very recently opened Department of Law & Justice under the Faculty of Law. Evening LL.M. programs (one year and two years) is being offered by the only public university in Bangladesh i.e., University of Rajshahi. Besides, around 30 private universities offer a four-year LL.B. (Hons) and one- or two-year LL.M. programs.

The following website(s) on Bangladeshi Laws may be of help to a legal researcher:

Chancery Law Chronicles : Comprehensive, searchable database of Bangladesh Laws and more than 8000 Judgments of the Supreme Court of Bangladesh as available now in the website. It reports judgments of the Appellate and High Court Division of the Supreme Court of Bangladesh, legal dictionary (both judicial and legislative), delegated legislation, newly enacted Laws, policies of the Government of Bangladesh, various official and legal forms, etc.
Asian LII : Provides sources of information on Bangladesh courts, case law, government, indigenous law, infrastructure, ADR, etc.
Bangladesh Journal of Law : Published by Bangladesh Institute of Law and International Affairs (BILIA).
Library of Congress entry on Bangladesh Laws .
Bilateral Investment Treaties (BITs): Copies of BITs between Bangladesh and thirty other countries are available.

The following are the popular law book suppliers in Bangladesh:

Aligarh Library, Govt. New Market, Dhaka
Book Syndicate, Govt. New Market, Dhaka
Anupam Gyan Bhandar, 156, Bangabandhu Stadium, Dhaka
The University Press Limited, 61, Motijheel C/A, Dhaka-1000
Mallik Brothers, 42, Banglabazar, Dhaka-1100
Khoshroj Kitab Mohol, 15, Banglabazar, Dhaka-1100

The following are contact details for the law reporters in Bangladesh:

Dhaka Law Report, 264, Malibagh, Dhaka-1217, Bangladesh, Phone – 880-2-8312503; 880-2-9356928; 880-01711-688860.
Bangladesh Legal Decisions, Secretary, Bangladesh Bar Council, Dhaka-1000, Phone – 880-2-9567056; 880-2-9569807; 880-2-9569809; Fax- 880-2-9554959, E-mail: [email protected]
The Lawyers (ADC), 228, Green Road, Dhaka-1205. Phone – 880-2-9145695; 880-2-9136508; 880-2-9144027; 880-1711-455999.
Mainstream Law Reports, 4/B, Mayakanon, Shabujbag, Dhaka-1214, Bangladesh, Phone- 880-2-7273474; 880-1552-363284
Bangladesh Law Chronicles , 204, Shantibagh, Dhaka-1217, Bangladesh, Phone- 880-2-9353649; 880-2-8322271; 880-1711-688860.
Bangladesh Law Times , 24/1, Segunbagicha, at present 9, Circuit House Road, Dhaka-1000, Bangladesh.
Law Guardian , Suite 512A, 11, Purana Paltan, Dhaka-1000, Bangladesh, Phone- 880-2-9570782, 880-1712-203339.

General sites:

National Encyclopedia of Bangladesh: Banglapedia is the national encyclopedia of Bangladesh developed by the Asiatic Society of Bangladesh with the generous support of more than 1200 scholars.
National Web Portal of Bangladesh : This site contains information on Bangladesh, its constitution and various government ministries.
Forms of Bangladesh : This website was developed to help the citizens of Bangladesh to find out frequently used government forms in a digital format.

Government Ministries and Departments: There are over 35 ministries in Bangladesh, and some of these ministries are divided into Divisions. Under these ministries there are also many departments. The main roles and functions of these Ministries are distributed according to the Allocation of Business among the Different Ministries and Divisions .

Prime Minister’s Office: The Prime Minister’s Office (PMO) is the office of the head of the government of Bangladesh.
Parliament Secretariat : This website contains information on the Constitution, Bill and Legislation and parliamentary procedures.
Cabinet Division: The functions of the Cabinet Division include: secretarial work for the cabinet and its committees; custody of papers and documents of the cabinet and committees and their decisions; review of progress and implementation of cabinet and committee decisions; remuneration and privileges of the president prime minister and other ministers; immunity of the president; administration of oath of the president and resignation of the president; rules of business and allocation of business among the ministries and divisions; Toshakana; flag rules, national anthem rules and national emblem rules; appointment and resignation of the Prime Minister, ministers, ministers of state and deputy ministers and administration of their oath.
Ministry of Public Administration: The Ministry of Public Administration is primarily responsible for management of public administration. It provides necessary assistance and support to all concerned on administrative matters.
Ministry of Finance: The Ministry of Finance has three divisions – The Finance Division ; The Internal Resources Division (IRD); The Economic Relations Division (ERD) . Each division is headed by a secretary to the government.
National Board of Revenue of Bangladesh: The National Board of Revenue (NBR) is the central authority for tax administration in Bangladesh. Administratively, it is under the Internal Resources Division (IRD) of the Ministry of Finance (MoF). Secretary, IRD is the ex-officio Chairman of NBR. NBR is responsible for the formulation and continuous re-appraisal of tax-policies and tax-laws in Bangladesh.
Bangladesh Bank: The site of Bangladesh Bank , the Central Bank of the country, contains information on management, the Bangladesh Bank Library, economic data, and major economic indicators, including:
Monthly updates
Exchange rates
International reserves
Balance of payments
Bank credit
Bank deposits
Money supply
Monetary survey
National income aggregates
Foreign trades
Export receipts
Import payments
Non-resident investment
Tax exemptions
Foreign exchange guidelines
Money laundering risks
Prudential regulations for banks
Procurement regulation
Guidelines for merger/amalgamation of banks/financial institution
Guidelines/notifications.
Ministry of Law and Justice : This website has information on the courts of Bangladesh and certain judicial offices. The website also contains the Bangladesh Code , which is the single authoritative source of all primary laws i.e., Acts, Orders and Ordinances from the year 1836 to till date.
National Legal Aid Services Organization: Provision of legal aid by way of advice, financial assistance or defending is constitutional obligation of the government of Bangladesh and to this end, the government has enacted the Legal Aid Services Act 2000 . National Legal Aid Services Organization (NLASO) was also established at national level and 64 District Legal Aid Committees (DLAC) were created through which NLASO implements the government legal aid program at the district level. See National Legal Aid Services Organization for more information.
Ministry of Local Government and Rural Development : This website contains laws related to local government in Bangladesh.
Divisional City Corporations of Bangladesh: There are eight divisional city corporations in Bangladesh in Dhaka, Chittagong, Rajshahi, Khulna, Barishal, Sylhet and Rangpur. In Dhaka Metropolitan City, there are two City corporations- north and south:
Dhaka South City Corporation
Dhaka North City Corporation
Chittagong City Corporation
Rajshahi City Corporation
Khulna City Corporation
Barishal City Corporation
Cumilla City Corporation
Rangpur City Corporation
Gazipur City Corporation
Mymensingh City Corporation
Narayanganj City Corporation .
Ministry of Agriculture : This website has information on issues related to agriculture. The site also has a link on agriculture-related laws .
Bangladesh Betar [Bangladesh Radio]
Bangladesh Television
Directorate of Mass Communication
Department of Films and Publication
Bangladesh Film Archive
Press Information Department
Press Institute of Bangladesh
Bangladesh Sangbad Sangstha
Bangladesh Press Council
Bangladesh Film Censor Board National Institute of Mass Communication
Bangladesh Film Development Corporation .
Light houses and light ships
Navigation and shipping
Mercantile marine, admiralty jurisdiction and offences committed on high seas
Inland water transport and shipping, marine services and elimination of danger of shipping
Inland waterways
Administration of mechanically propelled vessels and the rules made there under
Engineer and ship surveyors and register of inland shipping
Marine shipping and navigation, provision of education and training for mercantile marine
Organization and maintenance of mainland, island and inter-island shipping services
Co-ordination activities relating to this Ministry and research
Legislation relating to shipping and navigation
Liaison with international organizations and matters relating to treaties and agreements with other countries and world bodies relating to subjects allotted to this Ministry
All laws on subjects allotted to this Ministry
Inquiries and statistics on any of the subjects allotted to this Ministry
Fees in respect of any of the subjects allotted to this Ministry except fees taken in court.
Chittagong Port Authority : The Chittagong Port is the principal seaport of Bangladesh handling about 92% of import-export trade of the country. As such, its importance in the national economy is paramount. The Chittagong Port Authority (CPA) is a basic services provider. Its objective focuses mainly on providing necessary services and facilities to the port users efficiently and effectively at competitive prices.
Mongla Port Authority : Mongla Port is the second seaport situated in southwestern part of Bangladesh, at the confluence of the River Passur and Mongla, about 131 Km. upstream from the Bay of Bengal. The port is well protected by the natural mangrove forest of Sunderbans, which was declared as world heritage by United Nations Education, Scientific and Cultural Organisation . Basically, the entire western part of Bangladesh is its hinterland and neighboring countries such as Nepal, Bhutan and border areas of India are also considered as natural hinterland of Mongla Port.
Ministry of Environment & Forest: The Ministry of Environment & Forests is the nodal agency in the administrative structure of the Central Government, for the planning, promotion, co-ordination and overseeing of the implementation of environmental and forestry programs. This Ministry oversees all environmental matters in the country and is a permanent member of the Executive Committee of the National Economic Council. The texts of various environment-related laws are available.
Department of Environment: The website of the Department of Environment contains information relating to initiatives taken by the government relating to environment, including banning of polythene shopping bags, decision on brickfields, hill cutting, and vehicular emission, etc.
Ministry of Foreign Affairs: Amongst others things, the Ministry of Foreign Affairs contains information on the fundamental foreign policy of Bangladesh .
Ministry of Food: To access the food related laws as applicable in Bangladesh, visit the Ministry of Food website.
Ministry of Commerce: The Ministry of Commerce is mainly entrusted with the responsibility of dealing with all trade and commerce related activities in Bangladesh. Relevant laws on trade, policies for import and export, and WTO related issues can be found on its website. Some other relevant organizations are as follows:
Export Promotion Bureau
Bangladesh Trade and Tariff Commission Bangladesh Tea Board
Registrar of Joint Stock Companies and Firms
Institute of Cost and Management Accounts of Bangladesh Institute of Chartered Accounts of Bangladesh
Bangladesh Investment Development Authority (BIDA) Office of Chief Controller of Imports and Exports (CCI&E)
Securities and Exchange Commission, Bangladesh : The Securities and Exchange Commission (SEC) was established on 8 June 1993 under the Securities and Exchange Commission Act, 1993. The Chairman and Members of the Commission are appointed by the government and have overall responsibility to administer securities legislation. The Commission is a statutory body and attached to the Ministry of Finance. Laws relating to securities are available on the website.
Dhaka Stock Exchange : The Dhaka Stock Exchange (DSE) is registered as a Public Limited Company and its activities are regulated by its Articles of Association, rules & regulations, and byelaws along with the Securities and Exchange Ordinance, 1969, the Companies Act, 1994 & the Securities & Exchange Commission Act, 1993. This website contains laws in connection with stock exchange of the companies listed with the Dhaka Stock Exchange.
Chittagong Stock Exchange : The Chittagong Stock Exchange received approval from the government of Bangladesh on February 12, 1995, and was incorporated as a limited company on April 1 of the same year.
Ministry of Labor and Employment: The Ministry of Labor & Employment has taken its present shape and status following different changes and developments, which have taken place since the independence of the country. Considering the importance of employment for socio-economic development and poverty alleviation, the former Ministry of Labor & Manpower was renamed as the present Ministry of Labor & Employment in December 2001. Labour and employment related laws , policies and notifications can be found in this website.
Ministry of Expatriates’ Welfare and Overseas Employment : This site contains valuable information on bills, notices and consultations in connection with expatriate workers and the enhancement of overseas employment.

Statutory Public Authorities: Statutory public authorities are those authorities, which are created by the provisions of different laws of the land. Information on these statutory public authorities can be found in the following websites:

Bangladesh Energy Regulatory Commission: The Bangladesh Energy Regulatory Commission , established on March 13, 2003 through the Bangladesh Energy Regulatory Commission Act, 2003 , is responsible to enforce fiscal discipline of the energy sector, introduce the performance targets and incentive-based regulation, uniform operational standards and quality of supply, transparency in tariff determination and economic efficiency, etc. See all laws and policy relating to the energy sector of Bangladesh available on the website of Bangladesh Energy Regulatory Commission.
Bangladesh Telecommunication Regulatory Commission: Bangladesh Telecommunication Regulatory Commission (BTRC) established in 2002 under the Bangladesh Telecommunication Act, 2001 to encourage the orderly development of a telecommunication system that enhances and strengthens the social and economic welfare of Bangladesh; to ensure, in keeping with the prevalent social and economic realities of Bangladesh, access to reliable, reasonably priced and modern telecommunication services and internet-services for the greatest number of people, as far as practicable; to ensure the efficiency of the national telecommunication system and its capability to compete in both the national and International spheres; to prevent and abolish discrimination in providing telecommunication services, to progressively effect reliance on competitive and market oriented system, and in keeping with these objectives, to ensure effective control of the Commission; and to encourage the introduction of new services and to create a favorable atmosphere for the local and foreign investors who intend to invest in the telecommunication sector in Bangladesh. All laws and policies relating to the telecommunication sectors of Bangladesh can be found on the website of BTRC.
Election Commission Secretariat: Article 118 of the Constitution provides for the establishment of an Election Commission for Bangladesh , consisting of a chief election commissioner and such number of other election commissioners, if any, as the president may from time to time direct. The appointment of the chief election commissioner and other election commissioners (if any) is made by the president. When the election commission consists of more than one person, the chief election commissioner is to act as its chairman. Under the Constitution, the term of office of any election commissioner is five years from the date on which he enters into office. A person who has held office as chief election commissioner is not eligible for appointment in the service of the Republic.
Bangladesh Public Service Commission Secretariat: The Bangladesh Public Service Commission (PSC) is a quasi-judicial body established under the Constitution of Bangladesh. It works under the provisions of articles 137 to 140 of the Constitution and certain other rules and regulations made by the government from time to time under the Constitution.
Bangladesh National Human Rights Commission: Bangladesh National Human Rights Commission established under the National Human Rights Commission Act, 2009 is responsible for the promotion and protection of human rights in Bangladesh. Details about the Commission’s activities can be found online.
Ain o Salish Kendra
Bangladesh Institute of Labor Studies Bangladesh Legal Aid and Services Trust
Bangladesh National Women Lawyer’s Association

Judicial Lawmaking in Bangladesh: Looking Back and Into the Future

First Online: 25 July 2023

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assignment on law making process in bangladesh

Md Rizwanul Islam 3

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The line between interpreting and making the law by the judiciary is often a controversial one. While the former would, in one way or the other, often transform into the latter, reasonable minds can differ when such an exercise is indispensable or otherwise. Taking a functional approach, this chapter critically engages with the reported cases of the Supreme Court of Bangladesh (SCB). It demonstrates that the judicial lawmaking by the SCB has been a mixed experience in Bangladesh. The chapter also surmises what the past may talk about the future impact of the jurisprudence developed by the SCB since the emergence of Bangladesh.

The author gratefully acknowledges the able research assistance of Sajid Hossain, Rakibul Islam Bhuiyan, and Shahriar that has helped him substantially. He also thanks Nafiz Ahmed for his comments on a draft version of the chapter.

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109 Congress, 1st Session 56, 12 September 2005. In a very highly politically charged context, the rationale of his choice is not difficult to appreciate.

Vasquez v Hillery (1986) 474 US 254, 265–66.

Benjamin N Cardozo, The Nature of the Judicial Process (Yale University Press 1921) 141.

Luther v Borden (1849) 48 US (7 How) 1, 46–47. In Abdul Mannan Bhuiya and Ors v The State and Others (2008) 28 BLD (AD) 55, [45], the Bangladesh apex court observed that ‘[t]he virtue and vices of hartal is a political question and this court in exercise of its judicial self restraint declines to enter into such political thicket particularly in absence of any Constitutional imperative or compulsion.’

For discussions on originalist approach of constitutional interpretation, see Jeffrey Goldsworthy, ‘Originalism in Constitutional Interpretation’ (1997) 25 Federal Law Review 1; Raoul Berger, ‘Originalist Theories of Constitutional Interpretation’ (1988) 73 Cornell Law Review 350. For a discussion on constructive interpretation, see Ronald Dworkin, Law’s Empire (Harvard University Press 1986) Chapter 7; Raoul Berger, ‘Ronald Dworkin’s The Moral Reading of the Constitution: A Critique’ (1997) 72 Indiana Law Journal 1099. For a general discussion on interpretive methods, see William Baude and Stephen E Sachs, ‘The Law of Interpretation’ (2017) 130 Harvard Law Review 1079, Antonin Scalia and Bryan A. Garner, Reading Law: The Interpretation of Legal Texts (Thomson 2012).

For example, Abdul Momen Chowdhury and others v Bangladesh and others (2014) 66 DLR (HCD) 9 [9–10], Secretary, Ministry of Finance, Government of Bangladesh v Md. Masdar Hossain & others (2000) 20 BLD (AD) 104 [70]. This is in keeping with the general trend of constitutional review cases of Bangladesh, see Md. Rizwanul Islam, ‘Reasonableness as Proportionality: More Intrusive Scrutiny in Civil-Political Matters than Socio-Economic Ones?’ in Po Jen Yap (ed), Proportionality in Asia (Cambridge University Press 2020) 228–29.

For example, Rabiya Bhuiyan, MP v Ministry of Local Government and Rural Development and ors, (2007) 27 BLD (AD) 261.

Jason Chandler, ‘Foreign Law – a Friend of the Court: An Argument for Prudent Use of International Law in Domestic, Human Rights related Constitutional Decisions’ (2011) 34 Suffolk Transnational Law Review 117; Richard A Posner, How Judges Think (Harvard University Press, 2008) 369–77; Jeremy Waldron, ‘Foreign Law and the Modern Ius Gentium’ (2005) 119 Harvard Law Review 129; Ken I Kersch, ‘The New Legal Transnationalism, the Globalized Judiciary, and the Rule of Law’ (2005), 4 Washington University Global Studies Law Review 345; Roger P Alford, ‘In Search of a Theory for Constitutional Comparativism’ (2005) 52 UCLA Law Review 639.

For a scholarly discussion on the executive-judiciary relation in Bangladesh, see Nizam Ahmed, ‘Executive Judiciary Relations in Bangladesh’ (2006) 33(2) Asian Affairs 103.

Bhuyia (n 4).

ibid. [19].

ibid. [21].

(1926) 272 US 52.

Bhuiya (n 4) [41–44].

(2011) 16 BLC (HCD) 386.

ibid. [68–69].

ibid. [69].

ibid. [84].

ibid. [85].

Bangladesh and Ors v Md. Idrisur Rahman and Ors (2009) 29 BLD (AD) 79 [260].

(2016) 36 BLD (HCD) 417.

ibid. [130].

ibid. [154].

Rahman (n 22) [260].

Md. Rizwanul Islam, ‘Dissecting Quasi-Legislative Judicial Directives of the Supreme Court of Bangladesh’ in Po Jen Yap (ed), Constitutional Remedies in Asia (Routledge 2019) 146.

Professor Syed Ali Naki and Ors v Bangladesh and Ors (2016) 36 BLD (HCD) 417 [132].

Bangladesh Bar Council v AKM Fazlul Kamir (2017) 14 ADC 271 [61].

ibid. [101].

(2009) 29 BLD (HCD) 415 [Hereinafter BNWLA (Bangladesh National Women Lawyers’ Association)]. For the same trend, see Bangladesh Legal Aid and Services Trust and another v Secretary, Ministry of Education, Bangladesh and others , (2011) 63 DLR (HCD) 643 [43] where the HCD observed that ‘there should be separate law to regulate the conduct/mis-conduct of teachers in the private educational institutions.’ See also, BNWLA v The Cabinet Division (2012) 17 MLR (HCD) 121 directing the Parliament to prohibit employment of children up to age 12 years so that they can have a proper education.

BNWLA (n 33) [51]; Md. Rizwanul Islam, Oxford International Law in Domestic Courts Series, ILDC 3088 (BD 2009).

AIR 1997 SC 3011.

BNWLA (n 33) [45].

ibid. [53].

Islam (n 34).

Chowdhury (n 6) [2].

Md. Rizwanul Islam, ‘Judges as Legislators: Benevolent Exercise of Powers by the Higher Judiciary in Bangladesh with Not So Benevolent Consequences’ (2016) 16 (2) Oxford University Commonwealth Law Journal 219.

National Board of Revenue v Abu Saeed Khan and Others (2013) 18 BLC (AD) 116 [38]. For a commentary on this, see Md. Rizwanul Islam and Md. Tayeb-Ul-Islam Showrov, ‘Sifting through the Maze of “Person Aggrieved” in Constitutional Public Interest Litigation: Has Abu Saeed Case Ushered a New Dawn?’ (2017) 28 Dhaka University Law Journal 155.

Masdar (n 6). Before the HCD, this point does not seem to have been argued by the government side as no such point can be gleaned from the decision, see Md. Masdar Hossain and 440 others v Bangladesh and others (1998) 18 BLD (HCD) 558.

(2016) 68 DLR (AD) 378.

ibid. [13].

ibid. [28].

Bangladesh Environmental Lawyers Association (BELA) v Government of Bangladesh and Others (2020), Writ Petition No. 1683 of 2014, 2 December 2020 (unreported) 125.

ibid. 117–123.

Note also the observation of the HCD in Southern Solar Power Ltd and another v Bangladesh Power Development Board and others LEX/BDHC/0218/2019, [7] that, ‘the Constitution of Bangladesh empowers the High Court Division to declare any law to be void, this Court is competent to make observations about any law, including what ought to be in the Act ’ [emphasis added].

Writ Petition 7372/2021 (unreported), 7 November 2021.

Writ Petition No. 6049 of 2011 (unreported), 8 October 2020.

ibid. 120–121. The Court even asked its Registrar General to transmit a copy of the judgment to the ICAO via email.

Justice Albie Sachs, The Strange Alchemy of Life and Law (OUP 2009) 52.

Of course, there are exceptions such as Masdar (n 6).

Re an Application of Mr Habibul Islam Bhuiyan, President, Supreme Court Bar Association (1999) 19 BLD (AD) 93, Mainul Hosein & others v Sheikh Hasina Wazed (2001) 53 DLR (HCD) 138.

For example, Chowdhury (n 6).

Posner (n 8) 269.

For instance, Kamir (n 29) [88] observing that:

[T]his is a high time to consider a proposal to develop a process for the enrolment of academia (such as university teachers) as advocate opening the doors of the courts for their practice. Both the Bar Council and law faculties across the country must sit together to facilitate this avenue. Even in late sixties and seventies there had been a very good nexus between the lawyers and legal education institution. Many highly reputed lawyers used to regularly teach in universities and law colleges. But unfortunately[,] this nexus now almost is non-existent. A good practice has died off, but it should not preclude us in attempting to create new practices. Legal academia and legal profession must have a very close tie; it is the demand of this time.

M. Ehteshamul Bari, ‘Supersession of the Senior-Most Judges in Bangladesh in Appointing the Chief Justice and the Other Judges of the Appellate Division of the Supreme Court: A Convenient Means to a Politicized Bench’ (2016) 18 San Diego Journal of International Law 33.

Chowdhury (n 6).

This term is borrowed from Ronald Dworkin, Taking Rights Seriously (Bloomsbury 1997) chap. IV.

Cardozo, Benjamin N. 1921. The Nature of the Judicial Process . New Haven: Yale University Press.

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———. 1997. Taking Rights Seriously . London: Bloomsbury.

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Sachs, Justice Albie. 2009. The Strange Alchemy of Life and Law . OUP.

Scalia, Antonin, and Bryan A. Garner. 2012. Reading law: The interpretation of legal texts . St. Paul: Thomson.

Yap, Po Jen, ed. 2019. Constitutional Remedies in Asia . London: Routledge.

———, ed. 2020. Proportionality in Asia . Cambridge University Press.

Ahmed, Nizam. 2006. Executive Judiciary Relations in Bangladesh. Asian Affairs 33 (2): 103–122.

Alford, Roger P. 2005. In Search of a Theory for Constitutional Comparativism. UCLA Law Review 52: 639.

Bari, M. Ehteshamul. 2016. Supersession of the Senior-Most Judges in Bangladesh in Appointing the Chief Justice and the Other Judges of the Appellate Division of the Supreme Court: A Convenient Means to a Politicized Bench. San Diego Journal of International Law 18: 33.

Baude, William, and Stephen E. Sachs. 2017. The Law of Interpretation. Harvard Law Review 130: 1079.

Berger, Raoul. 1988. Originalist Theories of Constitutional Interpretation. Cornell Law Review 73: 350.

———. 1997. Ronald Dworkin’s The Moral Reading of the Constitution: A Critique. Indiana Law Journal 72: 1099.

Chandler, Jason. 2011. Foreign Law – A Friend of the Court: An Argument for Prudent Use of International Law in Domestic, Human Rights Related Constitutional Decisions. Suffolk Transnational Law Review 34: 117.

Goldsworthy, Jeffrey. 1997. Originalism in Constitutional Interpretation. Federal Law Review 25: 1.

Islam, Md. Rizwanul, Oxford International Law in Domestic Courts Series , ILDC 3088 (BD 2009).

———. 2016. Judges as Legislators: Benevolent Exercise of Powers by the Higher Judiciary in Bangladesh with Not So Benevolent Consequences. Oxford University Commonwealth Law Journal 16 (2): 219.

Islam, Md. Rizwanul, and Md. Tayeb-Ul-Islam Showrov. 2017. Sifting through the Maze of “Person Aggrieved” in Constitutional Public Interest Litigation: Has Abu Saeed Case Ushered a New Dawn? Dhaka University Law Journal 28: 155.

Kersch, Ken I. 2005. The New Legal Transnationalism, the Globalized Judiciary, and the Rule of Law. Washington University Global Studies Law Review 4: 345.

Waldron, Jeremy. 2005. Foreign Law and the Modern Ius Gentium. Harvard Law Review 119: 129.

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Islam, M.R. (2023). Judicial Lawmaking in Bangladesh: Looking Back and Into the Future. In: Islam, M.R., Haque, M.E. (eds) The Constitutional Law of Bangladesh. Springer, Singapore. https://doi.org/10.1007/978-981-99-2579-7_22

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Rule of Law is "Rule by Law not by man "

Dhaka University Law Journal, 2016

Purpose – The main aim of this paper is to analyze judicial system of Bangladesh, which comprises all courts and tribunals that performs the delicate task of ensuring rule of law in the society. The paper depicts the history and evolution of the judicial system in Bangladesh from ancient period to present day. Design/methodology/approach – The study is qualitative in nature and based on secondary sources of materials like books, journal articles, government orders, rules, acts, newspaper reports, etc. Relevant literature has also been collected through internet browsing. Findings – The major findings of this paper are: there is a well-organized court system in Bangladesh which is in fact the replica of the system introduced by British rulers and it is widely accepted in the original Constitution of Bangladesh. The ancient judicial system was not based on rule of law rather on caprice and caste consideration. The executive branch of government always attempts to control the judiciary through different mechanisms, which include the appointment, tenure and discipline of judges from ancient period. Therefore, the independence of judiciary is vulnerable from ancient time to present day and even after separation of the judiciary from the executive (November 2007) the interference of the executive over the judiciary is still continuing. Practical implications – This paper opens a new window for the policy makers and concerned authorities to take necessary steps for overcoming the existing limitations of judiciary. Originality/value – The paper will be of interest to legal practitioners, policy makers, members of civil society, and those in the field of judicial system in Bangladesh and some other British colonial common law countries. 1. Introduction The judicial system of Bangladesh has not grown overnight or in any particular period of history (Huda, 1997, p. 740). The present legal and judicial system of Bangladesh owes its origin mainly to 200 years British rule in the Indian subcontinent although some elements of it are remnants of Pre-British period tracing back to Hindu and Muslim administration. It passed through various stages and has been gradually developed as a continuous historical process. The process of evolution has been partly indigenous and partly foreign and the legal system of the present day emanates from a mixed system which has structure, legal principles and concepts modeled on both Indo-Mughal and English law. The Indian subcontinent has a known history of over 500 years with Hindu and Muslim periods which preceded the British period, and each of these early periods had a distinctive legal system of its own.

The aim of this paper is to evaluate the role of judicial control in establishing rule of law and its impact on good governance in Bangladesh. Rule of law and human rights are very burning issues in Bangladesh now. This paper highlights on few core aspects of rule of law such as- equality before law, absence of arbitrary exercise of government power and protecting rights of citizens. Besides, the paper also highlights some cases analysis which is directly related to environmental rights of citizens. The key findings of the paper are: i. Democratic and sound political environment is the most crucial for rule of law and human rights as well good governance but the present state of political culture in Bangladesh is very ghastly which impeded establishment of rule of law, human rights and democratic governance. ii. Though, rule of law is one of the most crucial elements of good governance and judiciary is a very vital institution of government to establish rule of law in a country. However, breach of equality before law, abuse of power and violation of human rights are still stirring in Bangladesh. Delay and log jam of cases is another crucial problem of Bangladesh judiciary which appears in few cases of this paper. It has also found that the role of some NGOs or human rights defender organizations is very effective to promote and protect individual rights as well as to uphold the spirit of rule of law. The main learning lesson of this paper is that there is no single entity by which rule of law or good governance of a country may ensure.

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this chapter traces the legislative development in the forst 50 years since Bangladesh's independence. It gives a comprehensive narrative and critical analysis if systemic loopholes existing in the legal framework.

An important feature of the constitution is the Fundamental Principles of State Policy incorporated in the Constitution. Although the Fundamental Principles of State Policy are asserted to be "fundamental in the governance of the country," they are not legally enforceable. Instead, they are guidelines for creating a social order characterized by social, economic, and political justice, liberty, equality, and fraternity as enunciated in the constitution's preamble. Judiciary as being the protector and promoter of rights of the individual to perform the balancing act in an unbiased and fair manner has immense role to play in these days to interpret the fundamental principles as enforceable in order to establish welfare based society. Current paper will demonstrate some verdicts of the higher Courts in making implementations of the State Policies by virtue of the Constitution of Bangladesh

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