‘Separation of Judiciary and Judicial Independence in Bangladesh: An Appraisal'’

Abstract

One of the primary objectives for which a state was established in the society was the creation and protection of individual’s rights. But an independent organ as the means through which this object might be accomplished has been recognized and existed from early times. This Independent organ is judiciary. Independence of judiciary is the indispensable of a democratic government. And separation of judiciary is the precondition of the sound and independent judiciary. Since the beginning of the British colonial rule the question of separation of judiciary from the executive has been a continuing debate, though Bangladesh has past thirty seven years of its independences, she has fail to separate the judiciary from the executive. Today it is a burning question of our country. This report attempts to explore to what extent initiatives, have been taken to separate the judiciary from the executive and what are the obstacle available to implement the initiative, in this path. I have also discussed in briefly the conceptual side and lastly concluded with some recommendation, so that policy of separation of judiciary from executive would be effective and helpful for the policy makers and implementations. The paper is based on the secondary source of information, like books, journals, newspapers and research reporting a democratic state, the powers rests the three separate organs, namely the executive, the legislature, and the judiciary. The constitution of Bangladesh vests the executive power to the executive, the legislative power to the parliament. Judiciary redress the grievances of the people and resolves dispute. In Bangladesh the judicial norms and practice have been derogating for years.