The Structure of Judiciary and Legal System of Bangladesh

 The Structure of Judiciary and Legal System of Bangladesh

- Abdur Rob Parvez Robi

Introduction:

Bangladesh is a common law-based jurisdiction. Many of the basic laws of Bangladesh such as penal code, civil and criminal procedural codes, contract law and company law are influenced by English common laws. However, family laws such as laws relating to marriage, dissolution of marriage and inheritance are based on religious scripts, and therefore differ between religious communities.

The Bangladeshi legal system is based on a written constitution and the laws often take statutory forms which are enacted by the legislature and interpreted by the higher courts. Ordinarily executive authorities and statutory corporations cannot make any law, but can make by-laws to the extent authorized by the legislature. Such subordinate legislation is known as rules or regulations and is also enforceable by the court. Yet being a common law system, the statutes are short, and set out basic rights and responsibilities but are elaborated by the courts in their application and interpretation of those. In addition, certain customs and practices established over a period are also to some extent recognized as acceptable and are enforced by the courts.

Since 1971 Bangladesh’s legal system has been updated in areas of company, banking, bankruptcy and Money Loan Court laws and other commercial laws.

 The Structure of Judiciary and Legal System of Bangladesh

1.     Structure of the Judiciary:

The judiciary of Bangladesh is divided into two parts: the Supreme Court and the Subordinate Courts. The Supreme Court consists of the Appellate Division and the High Court Division.

2.     Historical Background:

The legal system of Bangladesh has its roots in the British colonial period when English common law was introduced. Post-independence in 1971, Bangladesh retained the common law system and adapted it to suit its social, economic, and political context.

 

3.     Courts in Bangladesh:

The Judiciary of Bangladesh acts through the (i) The Superior Judiciary having Appellate, Revision & Original Jurisdiction & (2) Sub-Ordinate Judiciary having Original Jurisdiction.

A.    The Supreme Court:

The Bangladesh Supreme Court is the highest court of Bangladesh and has two divisions:

1. Appellate Division
2. High Court Division

I. The Appellate Division (AD):

Appeals to the Appellate Division from the judgement, decrees, order and sentences made by the High Court Division are to be filed directly for the following reasons: (i) if there is a substantial question of law as to the interpretation of the constitution and HCD certifies it; (ii) if the HCD confirms a sentence to death or imprisonment for life; (iii) if HCD punishes for contempt of court cases. Except for the above-mentioned cases, you have to file a leave to appeal, and it is the discretionary power of the court to accept/grant or reject the appellate petitions. 

II. The High Court Division (HCD):

The HCD shall have appellate jurisdiction from the lower Courts.  HCD can also exercise the power of original jurisdiction in certain cases such as i) Admiralty matters, ii) Company matters, iii) Writ Jurisdiction.

 

B.     Sub-ordinate Civil courts:

The following five civil courts exist in a general hierarchy:

• District Judge Court: It has original, appellate, revisional, transfer, review and reference jurisdiction. If suit valuation is more than Tk. 5 crores, then appeal/revision lies with the HCD;
• Additional District Judge Court: It has same powers as to the District Judge but can exercise his power only if the District Judge refers any matter to him;
• Joint District Judge Court: It has jurisdiction if the suit valuation is from BDT 25,00,001 up-to unlimited.
• Senior Assistant Judge Court: It has jurisdiction if the suit valuation is from BDT 15,00,001 up-to BDT 25,00,000;
• Assistant Judge Court: It has jurisdiction if the suit valuation is less than BDT 15,00,000.00.

 

C.    Sub-ordinate Criminal courts:

Sub-ordinate Criminal courts are sub-divided into two categories:

Sessions court:

There are three session courts in district level (i.e. out of the Metropolitan areas);

• District Session Judge Court: Original, appellate, revision, transfer and reference jurisdiction; and can pass any judgment and try any cases but death sentence must be confirmed by the HCD;
• Additional District Session Judge Court: No original jurisdiction; and can try cases referred by the District session judge court;
• Joint District Session Judge Court: can pass a sentence of up to ten years imprisonment.

Accordingly in the Metropolitan areas there are three Metropolitan Session courts.

• Metropolitan Session Judge Court
• Additional Metropolitan Session Judge Court
• Joint Metropolitan Session Judge Court:

These courts have the same jurisdiction as their counterparts have in session courts, but their territorial jurisdiction is limited only to the metropolitan areas.

 

D.    Magistrate court:

Magistrate courts are of two kinds.

(a) Executive Magistrate: Is mainly an administrative magistrate and holds the limited trial power in mobile courts generally.

(b) Judicial Magistrate:

There are four types of Judicial Magistrate courts at district level:

• Chief Judicial Magistrate Court: The highest court of the magistracy. Can usually take cognisance of any criminal offence and punish the offender with up to 5 years' imprisonment and ten thousand taka.
• Additional Chief Judicial Magistrate Court: Can exercise a case as referred by the Chief Judicial Magistrate.
• Senior Judicial Magistrate Court: It is a 1st class magistrate’s court and can usually sentence a punishment of 5 years’ imprisonment and a 10,000 taka fine.
• Judicial Magistrate Court: It is a 2nd- or 3rd-class Magistrate’s court. 2nd class Magistrates can inflict a punishment of 3 years imprisonment and a BDT 5,000 fine, and 3rd class Magistrates can give a punishment of 2 years imprisonment and a BDT 2,000 fine.

 

Accordingly in the Metropolitan areas there are three Metropolitan Magistrate courts.

• Chief Metropolitan Magistrate Court
• Additional Metropolitan Session Judge Court
• Metropolitan Magistrate Court

All Metropolitan Magistrates are 1st-class Magistrate.

These courts have the same jurisdiction as their counterparts have in Judicial Magistracy; but their territorial jurisdiction is limited only in the metropolitan areas.

 

E.    Special Courts:

• Labour Courts: Labour Courts deal with cases arising from labour disputes.
• Administrative Tribunals: Administrative Tribunals exercise their power regarding service disputes of public servants.
• Income Tax Appellate Tribunals: Income Tax Appellate Tribunals exercise their power regarding income tax disputes and customs and excise matters. VAT Appellate Tribunals decide disputes regarding customs and excise duties and VAT.
• Money Loan Courts: Artha Rin Adalats decide money claims of banks and other financial institutions.
• Insolvency Courts: Insolvency Courts declare defaulting borrowers as insolvent.

4.     Rule of Judges and Advocates

Judges in Bangladesh are appointed based on their experience and qualifications. They play a key role in interpreting the law and delivering judgements. Lawyers, also known as advocates, represent clients in court and provide legal advice.

 

5.     Legal Reform

Over the years, Bangladesh has undertaken various legal reforms to ensure better access to justice and efficiency in legal proceedings. Reforms include digitisation of case management and amendments to outdated laws.

 

6.     Challenges in the Legal System.

Despite progress, the legal system of Bangladesh faces challenges such as case backlogs, corruption, lack of resources, and delay in justice delivery. Efforts are being made to address these issues through policy and structural reforms.

 

7.     Conclusion

The legal system of Bangladesh is based on a common law system, which has evolved from its colonial past under British rule. It is comprised of various courts and tribunals that ensure justice and legal order in the country. The Constitution of the People’s Republic of Bangladesh is the supreme law of the land.

The legal system of Bangladesh, though rooted in colonial history, has evolved significantly. With ongoing reforms and commitment to justice, it aims to ensure the rule of law and safeguard citizens' rights.