A Critical Analysis of Judicial Enforceability of the Constitutional Right in Bangladesh.

Abstract

Independent judiciary is the sin qua non-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 been past forty four years of its independence, she has failed to separate the judiciary from the executive. Today it is a burning question of our country. This paper attempts to explore to what extent initiatives, have been taken to separate the judiciary from the executive and what are the obstacles available to implement the initiatives in this path. I have also discussed in briefly the conceptual side and lastly concluded with some recommendations, so that policy of separation of judiciary from the executive would be effective and helpful for the policy makers and implementations. Independence of judiciary is the backbone of a nation for ensuring justice towards the people. Bangladesh judiciary is independence according to our constitution. In 2007, judiciary separated from the executive from a dynamic and land marking decisions of the Supreme Court of Bangladesh.Judiciary can play a vital role in maintaining law and order. The Supreme Court of Bangladesh pronounced some tremendous judgment which becomes a land mark not only for Bangladesh but also for the many other states. But still now we have a doubt regarding the independence of judiciary in practice though the constitution ensured its independence. My proposed study aims to show that how for the judiciary independent in Bangladesh. If the judiciary is independent and do not face any pressure or influence from any other organs then it may work honestly may provide justice to the parties. So my study will provide a clear conception at its concluding part that is the judiciary independent truly in practice and what are the weakness and so recommendation regarding the proposed study. But at present the judges and magistrates are being pressurized by the Executive organs of the state. The transfer of the judges and magistrates are highly dependent upon the will of the executive organ. State needs to take proper steps regarding the independence of judiciary. The paper is based on secondary sources of information, like books, journals and research reports. Relevant literature has also been collected through Internet browsing.