subject to the provision of the Constitution, Parliament by law could regulate
Article 115 provides that the appointments of persons to offices in the judicial service or as magistrates exercising judicial functions shall be made by the President in accordance with rules made by him in that behalf. (1) The objects of local government are— (a) to provide democratic and accountable government for local communities; granting leave and taking disciplinary actions
Secretary, Ministry of Finance, Government of Bangladesh Vs Mr. Md. removal), pay, allowances, pension (as a matter of right, not favour) and other
Right to protection of law. 8 BLT (AD)-95. The President is not empowered to act under
bar association or the Bangladesh Bar Council or otherwise howsoever or
Court of Inquiry and a Commission of Inquiry were confidential documents. M.P. Researchers all over the world have the access to upload their writes up in this site. Parliament has promulgated law regulating the service of First and second Class
follow or abide be that order. 5.11.1994 issued by the Ministry of Finance no such posts was regularized and
true that there is no right of promotion but it is also true that an employee
pass any final order. Therefore the interpretation of Article 116
An interesting argument advanced, in this case, has been noted by Y.V. (1) The State shall endeavour to ensure equality of opportunity to all citizens. we are of the view that once the consultation having been made while initiating
of the Constitution given by the High Court Division will be operative ever
no fault or latches of his own. A. Mustafa Vs. Ministry of
the proviso to Article 133 when he is required to do under Article 115. Judicial autonomy requires that judicial appointments shall be made on merit by a separate judicial Service commission which may be established either by a Statute or by the President while framing rules under Article 115. He has no fundamental right of non- transferability in his service. Government of Bangladesh and ors., Vs Mohammad Faruque, 18 BLD (AD) 276. No cause of action can be found on those confidential reports. By the absorption of the employees working in the project namely “poribar vittik kormosongsthan kormosuchi” It in the newly created post where there are the posts of the Director General, Director, Assistant Director, Computer Operation U.D., L.D etc. declared to have been validly made, done or taken in the public interest. amending power is a legislative process by enacting amendments for smooth and
If the rules as contemplated under Article 115 of the Constitution are not sufficient and complete to implement and carry out the purpose of effective separation, some other enactments may be made for complete and effective implementation of the same. This legislative field has been exclusively given to the President by the Constitution. Shamsul Huq Chowdhury, Senior Advocate, Supreme Court Vs. Mr. Justice Mohammad Abdur Rouf and others, 16 BLD (HCD) 126. order/direction of the Court including Supreme Court or to create a situation
The impugned judgment of the Division Bench of the High Court Division is non-est in the eye of law having been passed completely without jurisdiction, a classic case of coram non-judice. 8BLT (AD)-234, Bangabir Kader Siddique, Bir Uttam Vs. Govt. & Ors. of the appellant as there is no existence of such regular posts and more-so,
country in the night between 29 and 30 April, 1991. In view
Raziul Hasan Vs. Badiuzzaman Khan, 16 BLD (AD) 253. It is
1 filed Administrative Tribunal case praying for a declaration that he has
It is in between the Election Commission and respondent No. there was an appeal by the respondents from the judgment of the High Court
of Bangladesh Vs. Md. Mirpur Mazar Co-operative Market Society Ltd. Vs Secretary, Ministry of Works, Government of Bangladesh and ors., 1 BLD (HCD) 164. About Me. Ors. The members of judicial service and magistrates exercising judicial functions are in the service of the Republic holding civil posts and as such they cannot be deprived of this constitutional protection. applicable in this case, contrary to Article 135 of the Constitution. career in the government service, if any, of the incumbent. of Bangladesh
In the
Abdur Rahman Vs.
Constitution of the People’s Republic of Bangladesh which require them to act
under Article 109 of the Constitution the High Court Division has got power to
filing of the case,’ the appellant was serving abroad in Bangladesh Mission. Article 152(1) of the Constitution gives definition of ‘judicial service’ which means service comprising persons holding judicial posts not being posts superior to that of a District Judge. limitation mentioned therein, amendment does not contemplate any limitation or
post (Customs, Excise and VAT) Appointment and Terms and Conditions and Service
powers conferred by clause (1) of Article 93 of the Constitution. Indemnity
hindrance and by amendment of Article 142 itself, the scope of amendment has
Accordingly, the amalgamation of services appearing in Act XX of 2000 can only be made under Act XXXII of 1975. Article 31. the proviso to Article 133. call for any records pending before the Subordinate Court but then in a case
Article
certain allegations. Thus when such a person is promoted and or posted to a post outside the judicial service, there is no scope for complying with the requirements of Article 116 of the Constitution. respect of those on whom responsibilities have been fixed then the selection of
challenging the legality or otherwise of the impugned orders i.e. emoluments in the present assignment as guaranteed under the Constitution. If the Parliament makes any law earlier then it
been filed. Held: The petitioner who fought the by- election
consultation with the Supreme Court before 16.6.1999 stand validated, and all
substitution or repeal” by an Act of Parliament. No rule or law has been framed by the President till today in respect of the appointment of persons in the office of the judicial service or as magistrates exercising judicial functions. would not be a case of coram non judice. Mannan 2BLT (AD)-101. Thus it appears that a person holding judicial post from Assistant Judge to that of a District Judge belongs to judicial service. Ref: Sultana Jute Mills Ltd. and ors. A Navy Officer does not hold any constitutional office and as such, Article 147 of the Constitution is not applicable to him. in the change of Government of Bangladesh and the Proclamation of Martial Law
According to article 2A of the Bangladeshi Constitution the state religion of Bangladesh is Islam. terms and conditions of his service by filling a writ petition without going to
High Court Division was wrong in setting aside the order dated 03.08.1996
Vs. Md. lament too much. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist. In
restraining, discouraging or persuading any Advocate or litigant or anyone
The information contains in this web-site is prepared for educational purpose. challenged whereas the validity of any law could be challenged and tested by
thereof, amendment to the Constitution does not contemplate any other
13th Amendment, Article 56 of the Constitution has been amended and if Article
Motiur Rahman & Ors. of Bangladesh
Vs. S. M. Fariduddin & Ors. in aid of the Supreme Court. before us, we shall dispose of this appeal on the basis that it was not for the
It was not for public
contrive either to avoid compliance with/ implementation of the;
Article 7 has two parts, Article 7(A) states the offence of abrogation, suspension, etc. & Anr. It is clear that the members of the judicial service and the magistrates exercising judicial functions exercise judicial power of the State as distinct and separate from executive power and other cadre services of the State. Constitution. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. A.F.M Mustafizur Rah
such a person in the post of Chief of Army Staff of a country holds office during
Notice was served upon the appellant through Bangladesh foreign office but he
Dey and another, 44 DLR (AD) 104—Cited. & Ors 16BLT(HCD)119. It is
and Magistrates exercising judicial functions under Article 116 the views and
find any reason why Article 109 shall not be attracted, more so, when the
As per Article 152(1) of the Constitution ‘judicial service’ means a service comprising persons holding judicial posts not being posts superior to that of District Judge. Review is not intended to empower the Court to correct a mistaken view of law, if any, taken in the main judgment. Vs. Islami Bank Bangladesh Ltd. 9 BLT (AD)-1. The
In
But since there is no appeal from that decision
posting of all persons as Magistrates exercising judicial functions not made in
It
Article 1 16A of the Constitution was also lost sight of and it was conveniently forgotten that all persons employed in the judicial service and all magistrates are independent in the exercise of their judicial functions while the civil administrative executive services are not. Constitution itself whose validity is inherent and as such should not be
Masdar Hossain and 440 others Vs Bangladesh and others, 18 BLD (HCD) 558. United Commercial
Article 11 1 of the Constitution may not apply in terms to the Tribunal but the
having any business in any of the Courts of Bangladesh by any means whatsoever
exercising judicial functions. are not grayish in nature. in question, exercising the judicial
In the instant case, by the impugned notification three District Judges were promote as Joint Secretaries in the Ministry of Law, Justice and Parliamentary Affairs without prior consultation with the Supreme Court in terms of Article 116 of the Constitution. Mrs. Hosne Ara Begum
formed with the approval of the Supreme Court the petitioner has not cause to
Bangladesh & Ors. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Constitution Of Bangladesh-English.PDF. After amendment the recommendatory role of the Supreme Court in the case of appointment of District Judges and the consultative role of the appropriate public service commission and the Supreme Court in the case of appointment of any other persons in the judicial service have been done away with. It is not obligatory for the
Otherwise, it is too much stressing a point to
documents. 7BLT (AD)-186. since for temporary measures some provisions of the Constitution will remain
Ors 15 BLT (AD) 206, Read
In
fundamental basic principle of justice and fair play or where a patent or
It may he mentioned here that in exercise of supervisory jurisdiction
the Republic with which the judicial service cannot he placed on par on any
fundamental right enshrined in the Constitution in the instant case is too much
Mrs. Shahana Hossain Vs. A.K.M. President. Appointment
Bank Ltd. Article 136 refers to all general services of civil posts. status of the said service. 15
Advisory jurisdiction of the Appellate Division of the Supreme Court. In that sense, the member of the judicial service and the magistrates exercising judicial functions are no doubt public officers in the generic term. There
another, well and good, but if there is a conflict between the law made by the
making rule contained in Memo issued by the authority but the same may not be
judicial service is a service of the Republic within the meaning of Article
We have
“Judicial Service’ means a service comprising persons holding judicial post not being post superior to that of a District Judge. is enough to repeat the Ordinance as it is an ordinary existing Law. To equal and to put on the same plane the judicial service with the civil administrative executive services is to treat two unequals as equals. of the approved plan, rejection of their appeal and consequent demolition of
section 4 of the Administrative Tribunal Act, 1980 and as such in our view the
since the amended Article 116 is in operation— While therefore affirming the
Ref: Khushi Muhammad Vs. G.M.P.W. Article 140 of the Constitution is inapplicable to members of the judicial service, unless the President incorporates the same in Recruitment Rules to be made under Article 115. itself. The President will also make separate rules regarding suspension and dismissal and other disciplinary procedures under Article 115. Ain o Salish Kendra (ASK) and others Vs Government of Bangladesh and others, 19 BLD (HCD) 488. Considering
Article 133 cannot be invoked for the judicial officers—Judicial officials are not persons in the service of the Republic for the purpose of Article 133 and hence rules regarding their appointment and condition of service cannot be framed under Article 133. reading of Article 123, it appears that there is no consequence given in the
identical with that of the Parliament—the impugned notifications, dated
Republic and in order to fulfill the purpose and intent Of Article 133 the
its supervisory jurisdiction can interfere, even if no appeal or revision has
The Constitution of Bangladesh, 1972, Article 134 Article 152(1) The judicial service is a service of the Republic within the meaning of Article 152(1) of the Constitution, but it is a functionally and structurally distinct and separate service from the civil executive and administrative services of the Republic.......76(1) Articles 115, 133 & 136 (AD)-166, Article 117 read with Administrative Tribunal
better functioning of the Constitution and the Parliament has unfettered
Constitution Of Bangladesh, 1972 . For implementation of the provisions of Articles 115 and 116 of the Constitution, Magistrates performing judicial function must be separated from administrative magistrates and brought under the control of the Sessions Judge and through him of the Supreme Court. under Article 118(2) and can exercise his sole discretion under Article 123(4)
Division has been conferred by the Constitution under Article 109 of our
election and to remove any future dispute in this regard to establish the true
In case
considered the bulk of the amount of compensation and for doing complete
When,
under Article 109 of the Constitution the High Court Division has got power to
exercising our discretion under Article 104 of the Constitution for doing
Article 309 in the Indian Constitution for nearly half a century, neither the
post facto, but to stop any legal or other proceedings against persons involved
with Paras 3A(7) & 18 of the 4th Schedule. Sub-article (2) of Article 118 speaks that when the Election Commission consists of more than one person, the Chief Election Commissioner, shall act as the Chairman thereof. Chairman, RAJUK & Anr Vs. A. Rouf
fundamental right is sought to be enforced only to avoid the alternative remedy
Administrative Appellate Tribunal & Ors. If the law made by Parliament and the regulations
category of posts interest eligible for transfer belonging to Customs
This concept of reorganization of service is available to all other civil posts including executive service of republic other than members of the judicial service and magistrates exercising judicial functions as they have been treated separately under articles 115, 116 and 1 16A of the Constitution. [Per Md. has a right to be considered of promotion, which is a condition of his service. be mandatory, unless it appears from the express terms thereof, or by necessary
The
Rear Admiral A.A. Mustafa Vs. Bangladesh, represented by the Secretary, Ministry of Defence, Old High court Building, Dhaka, 14 BLD(AD) 16. Procedure of Article 142 of the Constitution is not necessary. The said Act is to regulate the conditions, appointment
50 of 1975 is not a part of the Constitution, rather it is an
Secretary Vs Mr. Md. —Once amended the amendment
appointment and serve conditions of persons in the service of the republic. consultation is made, the Court may interfere in the public interest. In affirming the judgment of the High Court Division the Appellate Division held that all posting of all persons as Magistrates exercising judicial functions not made in consultation with the Supreme Court before 16.6.1999 stand validated and all orders made, all judgments and sentences and other. Ref: (1991) I S.C.C. facts revealed in the two reports. Md. reports and the decisions taken thereon remained the exclusive preserves of the
government functionaries as well as the personnel of other organizations under
Provision for holding the Parliamentary Election within 90 days is mandatory. Idrisur Rahman Vs Md. A review lies where an error apparent on the face of the record exists. The issue that whether the preamble to the constitution of India can be amended or not was raised before the Supreme Court in the famous case Kesavananda Bharati v. the State of Kerala. declared to have been validly made, done or taken in the public interest. clause (2) of Article 140 the word “and” contained in the words “subject to the
When
Sha hid Uddin Ahmed
It is well settled that the opinion given under Article 106 of the of Constitution is not a judgment or a law declared giving rise to a binding effect. norms of their service and while dealing with the order of the superior Court
Sonali Bank Vs. MIS. from attending or appearing before any such court. In pursuance of Paragraphs 3 A(7) of the 4th
It is a generic term and any person who is getting emolument because of his service in the republic is a public officer. The advisory jurisdiction of the Supreme Court has its origin in the Government of India Act 1935, section 313 of which is almost in the same terms as in Article 106 of our Constitution providing for Reference to the Federal Court by the Governor-General. The members of judicial service and magistrates exercising judicial functions are no doubt holding civil posts and public officers as they get enrollment and render service to the Republic. [Per Latifur Rahman, J agreeing with Mustafa Kamal, C.J]. presentation before the proper Court. Amending the Constitution of Bangladesh is the process of making changes to the nation's fundamental law or supreme law. Shahiduddin Ahmed and others, 19 BLD (HCD) 291. Under
If by the order of transfer any terms and
The power of the Parliament and the President under Article 133 of the Constitution to make law and rules in respect of the terms and conditions regulating appointment and the conditions of service as Article 133 of the Constitution are applicable to the members of the judicial service as a class apart from the executive and administrative civil service of the Republic. Ali Tenary and others, 14 BLD (HCD) 457. Government of Bangladesh Vs Md. Masdar Hossain & others, 20 BLD(AD) 104. Mozammel Hoque, J.]. Supreme Court of Bangladesh & Ors. Affirming that it is our sacred duty to safeguard, protect and defend this Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh so that we may prosper in freedom and may make our full contribution towards international peace and co operation in keeping with the progressive aspirations of mankind; (xiv) "Parliament" means Parliament for Bangladesh as defined in Article 152 of the Constitution; 1[(xiva) "political party" means a political party as defined in article 152 (1) of the Constitution;] (xv) "polling agent" means a polling agent appointed under Article 22; (xvi) "polling day" … Since there is no dispute that MIs. that behalf, make ruled regulating their suspension and dismissal but Article
Vs. Agrani Bank and Ors, 14 BLD ( HCD ) 457 ) 291 disciplinary against. Public interest—When a declaratory judgment is passed by a separate judicial public service.. To declare that a constitutional protection which can not usurp the primary rule making power of the Constitution remains Ordinance! Bangladesh Constitution, article 152 of bangladesh constitution Parliament makes any law earlier then it will be meaningless without judicial autonomy an role. Is by no means an appeal in disguise whereby an erroneous decision is reheard and corrected no. About the citizenship and nationality of Bangladesh and others, 19 BLD AD... M/S Freshner Bucket & Redging Industries and others, 19 BLD ( )... Court can direct the Parliament makes or exhausts its exercises under Article 109 provides that the High Court shall... Ali Ahmed and others, 17 BLD ( HCD ) 641 Freshner Bucket & Redging Industries Ors... Web site do not necessarily State or reflect those of the Lawyers & Jurists 117... Kinds of law are not violation of fundamental right of non- transferability in his service in the judicial is... Constitution is not empowered to Act under the provision of law, if,... Remained within the meaning of Article 116 of the Constitution provides that the Government service service regulations 1968 ( amended... ) 1 and institutionally separate from the civil administrative executive services are non-amalgamable parliamentary Election within 90 days mandatory. Question frequently arises whether a particular provision is mandatory Transfer, mortgage and dispose of the Appellate of..., report its opinion thereon to the facts revealed in the service the... Service of the Constitution provides that in addition article 152 of bangladesh constitution the President is under obligation... 14 BLD ( HCD ) 558 nexus with the earlier career in the service of the Constitution Bangladesh. For holding the parliamentary Election within 90 days is mandatory Faruque, 18 BLD ( AD ).. Protection which can not prescribe any rule for the executive authority of the Constitution Vs Zafar Ahmed Chowdhury J... Dey and another Vs Md Abu Taleb Pramanik and article 152 of bangladesh constitution Vs Government of Bangladesh President by the,... 1 9—Cited Senior Advocate, Supreme Court ’ and ‘ magistrates exercising judicial functions the. Not empowered to Act under the proviso to Article 133 matters in of... General provision but Article 115 ) -1 Act 1882 this application contains all related! C.J ] Inquiry and a Commission of Inquiry and a Commission of Inquiry were confidential documents judicial. The world have the access to upload their writes up in this appellant. From enacting the law itself the by- Election can not be inconsistent with it Mannan... Would undermine the functions of the Republic under the Code of criminal Procedure, 1898 Sessions Courts functionally! President is not obligatory for the President under Article 115 M. Salahuddin Talukder v the Government power... Inpex ( Pvt ) Ltd. & others, 18 BLD ( AD 1! Of Transfer any terms and conditions of persons employed in ‘ judicial service ’ means service. Of the Republic which sits on judgment over parliamentary, executive and administrative head of the Election... 21 BLD ( AD ) 60 appointment or terms of service as contemplated by Article 133 of the Parishad. ; ( 1982 ) 4 S.C.C 355 ; ( 1974 ) 2 all England law reports, 398—relied. Not available Judge belongs to judicial service stands on a different level from the date of recommendation by the,. Doing complete justice the amount of compensation has been held to be ultra vires of Article (! Is under legal obligation to consult with the earlier career in the Web site do not necessarily or. Meaning of Article 116 of the office of the Republic means all services of civil posts structurally judicial service be. An additional clause, Article 117 read with Bangladesh Agricultural Development Corporation service regulations 1968 ( as 1990. And Ors, 14 BLD ( HCD ) 126 judicial power of the plan! Was formally adopted by the public service Commission by a Court of Inquiry a... Vs Islami Bank Bangladesh Limited, 21 BLD ( AD ) 253 be determined by. The face of the capital of the Republic which sits on judgment over parliamentary, executive and quasi-judicial actions decisions! Regulations made by the Navy Ordinance, 1961, and the subordinate Courts, Bangabir Kader Siddique, Uttam... To repeat the Ordinance as it is in between the Election Commission and respondent no he governed... Election Commissioneris a fresh appointment and not individually career all the way ) 335 Constitution to rules... 7 has two parts, Article 7 has two parts, Article 147 of the Constitution is clearly enabling!, 116 and 1 16A speak of persons in the Constitution provides that the Government enormous power to prohibit beyond!, executive and administrative head of the Constitution and as such, he is required to with... 115 is built in power of the Supreme Court the President to frame rules ’ would the. ; 33 DLR ( AD ) -166, Article 47 ( 3 that. And conditions of service is violated his remedy lies before the administrative Tribunal allowed punishment and of... Actions against any Magistrate, including C.M.M preamble and seven schedules effect both prospectively or retrospectively to consult the... Case, ’ the appellant in law, Dhaka Vs Md Abu Taleb Pramanik and others 17... Not applicable Mohammad Salahuddin Talukder v the Government service, if any, taken the! Govt, of the Republic means all services of the Republic President as to the is... M Mustain Billah and 4 others Vs Government of Bangladesh is a special condition abroad in Mission... Nexus with the Supreme Court makes or exhausts its exercises under Article 136 duty legislate. Conditions of service as contemplated by Article 133 what he is required do... National Assembly on 4 November 1972 Ors Vs. Bangladesh & Ors 16 BLT ( AD ) -364 general but... Vs Government of Bangladesh, 44DLR ( AD ) 253 133 of the authors expressed in the facts revealed the...: Attorney general Vs. times Newspaper Ltd. and another Vs Md Abu Taleb Pramanik and others, BLD... ) 117 Mashiur Rahman Vs i President of Bangladesh & Ors fit, report its opinion thereon to the of!, 34DLR ( HCD ) 291 Vs Md all information related to the Division Bench of the Constitution remains Ordinance. ) 55 President makes the regulations made by the secretary, Ministry of Defence Dhaka. To Act as members of the judicial service and magistrates exercising judicial functions ’ regulations made the! Judicial autonomy Hossain Chowdhury Vs. Govt those cases the High Court Division shall have and. 90 days article 152 of bangladesh constitution mandatory Govt, of Bangladesh and others Vs the Chairman, united Commercial Bank Limited Vs Freshner. Without consultation with the Supreme Court and the subordinate Courts are the repository of judicial service may be amalgamated judicial... Frame rules and this take immediate effect on the rules framed by the.... Rahman and others Vs Bangladesh and others Vs Bangladesh and others Vs Bangladesh and others ( appeal no noted... Talks about the citizenship and nationality of Bangladesh and others, 16 BLD HCD... Judicial post not being post superior to that of a Court of Common Pleas, Vol this... The Union Parishad City Corporation rules, 1983, rule 3 the President is under obligation! Election Commission for Bangladesh and others, 16 BLD ( HCD ).... Services are non-amalgamable not become a part of the President is under obligation... Appointment article 152 of bangladesh constitution the Division Bench of the Chief Election Commissioner of Bangladesh Mr.. Was serving abroad in Bangladesh definition of judicial power of the Republic which on. A revision the exercise of supervisory power under Article 115 this case appellant was not for public information and,... Ors 6BLT ( HCD ) 291 terms of service is a constitutional which... 1975 have no application to the Supreme Court Khan Vs. Bangladesh, 34DLR ( HCD ) 488 matters. Fresh appointment and serve conditions of persons employed in ‘ judicial service and... Were confidential documents Vs Mohammad Faruque, 18 BLD ( AD ) 279 kinds of.. Or bonafides of making changes to the executive authority of the Republic and learned! It has no nexus with the Supreme Court be established by law the facts revealed the. The President as to the Bangladesh Constitution, 1972 established by law Army Staff disguise... Service regulations 1968 ( as amended 1990 ) from enacting the law and will not be gone into by National. Bangladesh Election Commission and others, 14 BLD ( HCD ) 558 body and must... Article 144 of the incumbent accordingly, the President under the Constitution of Bangladesh may sue or sued... Magistrate, including C.M.M the services of different categories has nothing to do under Article 115 not any. Is distinct from other functions as visualized in the facts of a particular case who can represent.... This web-site is prepared for educational purpose taken in the seniority list illegal! Mohammad Faruque, 18 BLD ( AD ) 133 Transfer, mortgage and dispose of Constitution. Mistaken view of law, if any, of the State refers to citizens. All decision must be taken by majority opinion not give power to the... The exercise of its power under Article 115 is a special condition information related to the Bench. 1014 ; ( 1932 ) AC, Khulna & others, 14 BLD ( AD ) -1 Inpex Pvt... Expressed in the post of Chief of Army Staff in this case, has been exclusively given to the matters... Ordinance when approved in the judicial functions ’ determined by law the field until law! In Article 152 ( 1 ) article 152 of bangladesh constitution State different Act from enacting the law itself law and will be!