Thesis on Judicial Service Cadre and Judicial System in Bangladesh

The Judiciary is one of the three organs of the state. Other two organs the Legislature and the Executive respectively makes laws and executes those. The Judiciary examines that whether any violation was taken place in making the laws and executing those. The Judiciary plays role as the guardian of the country. It is a resort of getting justice. It ensure justice for the people, who are deprived of rights, and at the same time passed orders to punish the violators, establishing rule of law and strengthening democracy in the country. If the judiciary fails to do so, then the rule of law as well as the democracy will fall into threats.

However, the Judiciary was attached with the Executive branch of the state for long after the independence. After 36 years of the independence, on November 1 of 2007, then Caretaker Government (CG) accomplished the great task of separating the Judiciary from the Executive branch. Though the Judiciary was formally separated from the Executive following a judgment of the Supreme Court (SC), but a separate secretariat of the Judiciary was not set up till now. Even, the Law Ministry, a part of the Executive, is still controlling the appointment, posting, transfer and promotion of the judges of the lower courts that is against the independence of the Judiciary. Even, no rule was not made till now for appointing the judges in the High Court Division and the Appellate Division of the Supreme Court though 40 years have already been passed after the 1972 Constitution came in effective and three years after the Judiciary was formally separated, giving the ruling parties an opportunity to politicize the judiciary. As a result, the SC was actually politicized by the ruling parties in various times, hampering justice, and threatening the democracy. Corruption is one of the main problems that disrupted justice. Apart from the above problems, shortage of judges in both the lower courts and the higher court led to huge backlog of cases, hampering quick disposal of cases and depriving the litigants of justice. Overall, the judiciary could not play its duty properly. Experts opined that the judiciary became a ‘glasshouse’ that may collapse in any time, if at least the major problems are not solved as soon as possible.

The judiciary especially the Supreme Court is the last resort to get justice. If any violation of law is taken place or anybody is deprived of his/her rights, then the courts responsibility and duty is to ensure justice for all without any discrimination irrespective of the rich and poor. If the judiciary fails to play its duties properly, then rule of law as well as democracy will fall in danger and ultimately country’s sovereignty and existence will be threatened. Unfortunately, this apex court, under which country’s existence is dependent, is now top corrupt service sector in the country, according to a report published in December last year by Transparency International, Bangladesh (TIB).[1] The TIB report revealed that the justice seekers are being harassed and bound to give bribe in getting justice from the court. The people are being harassed with “glasshouse” that can be broken down in any time.[2] Newspapers reports show that the apex court has been passing heated times amid agitation and counter-agitation for few years.[3] In a sentence, services of the SC are not satisfactory. For long after independence, the judiciary was attached with the executive branch of the state, giving the ruling parties a chance to interfere into the judicial functions and depriving and deprived of justice. A total of 3.03 lakh cases are pending with the SC.[4] Former Chief Justice Mahmudul Amin Chowdhury compared the Judiciary (especially the SC) the justice seekers of getting justice. After about 25 years of the independence, the judiciary was separated from the executive branch in 2007 but its separate secretariat was not set up till now. Even after the separation of judiciary, many problems remain here as obstacle to justice, rule of law and practice of democracy. In this study, I have unveiled the matters for making the judiciary an effective and independent branch of state.

[1] Daily Star, December 29, 2010
[2] Daily Star, April, 25, 2010
[3] The New Nation, January 21, 2011
[4] Daily Star, February 8, 2011 and Prothom Alo, February 8, 2011