Different Organs of the State

(Executive, Legislature & Judiciary)

of
Bangladesh
The first Government of Bangladesh
was formed on 10th April 1971.
Bangladesh is a People's Republic.
Bangladesh government also has three divisions.

State

Executive Legislature Judiciary

(The Cabinet) (The Parliament) (CJB)
Executive/ Administrative Division
The administrative Division is also known
as Executive Division. It is normally formed
by the President, Prime Minister, and the
cabinet.

Executive Organ refers to-

 Area of Public Administration;
 Government in Action and Most visible State
Functionaries;
 Policy Initiatives and Execution;
 Various Instruments for Service Providing to the
People;
 Reflects & realize People’s Will.
FORMATION OF
EXECUTIVE

 The President (Head of State)

 Prime Minister
 Ministers (State & Deputy Ministers)

[Actors in Executive born in Legislature]

FORMATION OF EXECUTIVE
The President

According the constitution,

 The President is the Head of State and is elected by the members of

parliament (Article 48).
 Article 48(3) of the constitution says that talking with the Prime
Minister is needed for decisions, except when appointing the Prime
Minister or Chief Justice.
 Provided that the question whether any, and if so what, advice has
been tendered by the Prime Minister to the President shall not be
enquired into in any court.
FORMATION OF EXECUTIVE
The President

According the constitution,

 A person shall not be qualified for election as President if he –

(a) is less than thirty-five years of age; or
(b) is not qualified for election as a member of Parliament; or
(c) has been removed from the office of President by impeachment under this Constitution.

 The Prime Minister shall keep the President informed on matters of domestic and
foreign policy and submit for the consideration of the Cabinet any matter which
the President may request him to refer to it.
POWER AND ACTIVITIES
The President

 As he is the head of state, all the administrative activities of the government are run in his name.
 He appoints the prime minister. He also appoints other ministers, deputy ministers etc. He
appoints the leading executives (Director General of Auditors, ambassadors, and other top-level
executives) of the country too.
 He is the chief of the armed forces. He appoints the chief of the army, navy, and air force. But he
appoints people with the Prime Minister's advice, except for the Chief Justice and the Prime
Minister themselves.
 President performs some legislative duties. He calls the session of the parliament and with the
advice of the prime minister he can adjourn it.
 Without the permission of the president, money bills cannot be presented in the parliament.
President can grant permission for releasing money from the particular fund for sixty days, if the
parliament fails to do so in any circumstances.
POWER AND ACTIVITIES
The President

 President appoints the chief justice and upon his advice he appoints other judges at appellate
& high court divisions. He can reduce or condone the punishment of a condemned person
given by a court, or any other authority.
 President is the source of all the honor of the state. Without his permission no citizen of the
country can receive any reward or honor from any foreign country.
 He can declare a state of emergency in the country if the safety and peace of society is
endangered by war, attack by external enemy or internal clash. But, in this case he must take
prior approval from the prime minister.
TERM OF OFFICE OF PRESIDENT
The President

 Subject to the provisions of this Constitution, the President shall hold office for a term of five
years from the date on which he enters upon his office:
 Provided that notwithstanding the expiration of his term the President shall continue to hold
office until his successor enters upon office.

 No person shall hold office as President for more than two terms, whether the terms are
consecutive.

 The President may resign his office by writing under his hand addressed to the Speaker.

 The President during his term of office shall not be qualified for election as a member of
Parliament, and if a member of Parliament is elected as President, he shall vacate his seat in
Parliament on the day on which he enters upon his office as President.
FORMATION OF EXECUTIVE
The Prime Minister & The Cabinet

The prime minister is the center of the cabinet and head of the government. The administration of Bangladesh
revolves around him. The prime minister and his ministers are the real administrators of the state. President
appoints the reliable person of the majority party in the parliament as the prime minister.

 The Executive power of the Republic is exercised by or on the advice of the Prime Minister who
commands the support of the majority members of parliament;
 Other ministers, state ministers and deputy ministers are appointed as per wish of the Prime Minister;
 The Prime Minister nominates the cabinet members from among parliament members and up to one
tenths of the total from outside the parliament;
 The cabinet is collectively responsible to the parliament. -Art.55(3)
TENURE OF OFFICE OF PRIME MINISTER
The Prime Minister

 The office of the Prime Minister shall become vacant–

(a) if he resigns from office at any time by placing his resignation in the hands of the President; or
(b) if he ceases to be a member of Parliament.

 If the Prime Minister ceases to retain the support of a majority of the members of Parliament,
he shall either resign his office or advise the President in writing to dissolve Parliament.
 If the Prime Minister quits or stops being in charge, all the other Ministers are considered to
have quit too. But they'll keep working until the new Prime Minister starts
POWER AND ACTIVITIES OF PRIME MINISTER
The Prime Minister

 Though the administration of the country is run in the name of the president as per constitution, prime
minister holds the ruling power of the state.
 He/ She performs all the administrative duties with the help of the cabinet.
 According to his/her advice, president appoints the ministers, top level executives of the country and
ambassadors to foreign countries.
 The Prime minister is the head of the cabinet. He/ She fixes the number of the ministers and distributes
portfolio among them. He/she supervises the activities of the ministers and co- ordinates the jobs
among various ministries. The ministers take suggestions and approval for all the important jobs.
 He/ She can consult with president to terminate any minister if he/she wants. In brief, the cabinet of
ministers is formed, operated and dissolved by him/her.
 With the instructions and suggestions by the prime minister, the finance minister drafts and places the
budget in the parliament.
POWER AND ACTIVITIES OF PRIME MINISTER
The Prime Minister

 The prime minister is a member and leader of the parliament.

 He/ She advises the president to call the session of the parliament, postpone and dissolve
it. In this way, he/she performs important legislative tasks.
 No International treaty can be signed without his/her permission. He/she represents the
country in international summits.
 In a state of emergency, he/she can give any instruction without the decision of the
cabinet.
FUNTIONS
Executive

 Formulation and Implementation of Public Policy;

 Administrative;
 Legislative (Recommend legislation and issue Ordinances)
 Enforces the laws enacted by the Legislature
 Make and issues orders, rules, regulations, bye-laws or other instruments for effective governance of
the govt. departments.
 Maintains the internal law and order in the country
 Present Annual Financial Reports and Proposals of the expenditure and taxes before the Parliament for
approval.
 Maintain Relation with foreign governments
 Dispatches responsibility for delivering welfare services of all the departments to the people
 Command Armed Forces for defense, liberty, and protection of security and sovereignty of the
country.
 Adjourn and dissolve the Legislature (President)
STRUCTURE
Executive

The Cabinet
THE PM

Minister Minister Minister Minister Minister

Div. Div. Div. Div. Div. Div. Div. Div. Div.

Attached Departments / Field Administration / LGIs etc.

ACTIVITIES
LEGISLATURE OF BANGLADESH

All powers in the Republic belong to the people, and their exercise on behalf of the people
shall be affected only under, and by the authority of, this Constitution. Legislature represents
the people directly. Opinion of Legislature is opinion of the people
 The legislative organ of Bangladesh is a unicameral Parliament, or Jatiyo Sangsad (House of the nation)
 Makes the laws for the nation.
 Members of Parliament, who must be at least twenty-five years old, are directly elected from 300 territorial
constituencies.
 50 women members will be indirectly elected proportionately by political parties represent in the
parliament.

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ACTIVITIES
LEGISLATURE OF BANGLADESH

 Parliament sits for a maximum of five years, must meet less than thirty days after
election results are declared.
 The president calls Parliament into session.
 The assembly elects a speaker and a deputy speaker, who chair parliamentary
activities. Parliament also appoints standing committees, and special committees.
 Parliament debates and votes on legislative bills.
 Decisions are taken by a majority vote of the members, with the presiding officer
abstaining from voting except to break a tie.
 A quorum is sixty members.

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ACTIVITIES
LEGISLATURE OF BANGLADESH

 If Parliament passes a non-money bill, it goes to the president; if he disapproves of

the bill, he may return it to Parliament within fifteen days for renewed debate. If
Parliament again passes the bill, the President shall assent to the bill within 7 days,
and it becomes law.
 If the president does not return a bill to Parliament within fifteen days, it
automatically becomes law. All money bills require a presidential recommendation
before they can be introduced for debate in Parliament.
FUNCTIONS
LEGISLATURE OF BANGLADESH

 Legislation
 Amendment of the Constitution, if any
 Regulation of Public Moneys
 Committees of Parliament
 Ensuring Accountability of the government
 Impeachment/Removal of President
 Run by the Rules of Procedure of Parliament
SUPREMECY
LEGISLATURE OF BANGLADESH

 The Legislature is the Law-making body.

 Each and every bill proposed/recommended by the executive must be initiated,
discussed, reviewed, amended and voted upon in the legislature.
 It is the legislature that decides which bills should be passed.
 The Executive can make and issue ordinance. But the continuous validity of this
ordinance must be approved by the legislature within 30 days of it’s first session
after the Ordinance is made. Otherwise it will lose its validity.
 The validity of the proceedings in parliament shall not be questioned in any court.
 No tax shall be imposed of collected except by or under the authority of an act of
parliament.
 The Judicial Division of Bangladesh
The importance of a neutral judicial division is immense to ensure
basic rights of the citizens, justice, punishment of the criminal and to
protect the weak from the torture of the strong. The judicial division
confirms the practice of law and protects the constitution of the
country.
STRUCTURE
THE JUDICIAL DIVISION OF BANGLADESH

The judicial division of Bangladesh comprises the Supreme court, Lower court and
the administrative tribunal.
SUPREME COURT
THE JUDICIAL DIVISION OF BANGLADESH

 The highest court of the judicial division is the Supreme Court.

 It has two divisions: Appellate Division and High Court Division.
 The Supreme Court is headed by a justice known as the Chief Justice of the country.
President appoints him upon advice of the prime minister.
 Supreme Court is formed with the required number of justices for each department.
 President appoints the judges of the two divisions consulting the Chief Justice.
 The Chief Justice and other Justices are fully independent to perform their judicial
activities.
 A person must be a citizen of Bangladesh to become the judge of the Supreme Court; he
must have an experience of ten years of working as an advocate at the Supreme Court or
in the judiciary position of Bangladesh for at least ten years.
 The judges at the Supreme Court can work up to the age of 67 years.
SUPREME COURT
THE JUDICIAL DIVISION OF BANGLADESH

The appellate Division

The appellate division of supreme court had no original jurisdiction, but it had appellate
jurisdiction only. The jurisdiction of the appellate court classify below:
 Ordinary or General Jurisdiction.
 Constitutional jurisdiction.

The High court division

Article 101 of the constituent provides that the High Court Division shall have original
and appellate jurisdiction and such other jurisdiction as may be authorized by law. The
jurisdiction of the high court division may be divided in to two:
 Ordinary or general jurisdiction
 Constitutional jurisdiction
POWER AND FUNCTIONS

SUPREME COURT

 Appellate division can arrange for hearing against the decision, decree or conviction
of the high court.
 Appellate division advises the president if he wants explanation of any law.
 It can order someone to be present before the court or present documents to the
court to ensure justice.
 Any law declared by the appellate division must be followed by the high court
division.

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POWER AND FUNCTIONS

HIGH COURT

 Can impose ban to protect the basic rights of the citizens.

 Can restrain a person from doing harmful activities and can declare this type of
work as illegal.
 Can solve a case from the high court division if complexity arises in the lower court
because of the explanation of the constitution.
 Accepts appeal against the judgment of the lower courts.
 Provides the job description of lower courts and operates them.

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FUNCTIONS OF JUDICIARY
THE JUDICIAL DIVISION OF BANGLADESH

 Administration of justice
 Custodian of the Constitution
 Declares a law etc. null and void if it violates the constitution
 Interpretation of laws, the Constitution and the statutes to clear conflict and
confusion
 Hear and decide disputes and appeals
 Rule making power of the supreme court
 Binding effect of supreme court Judgment

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Relation between the Executive organ and the Legislature

 Appointment of the Prime Minister -Art 56(3)

 Appointment of Ministers -Art 56 (2)
 The cabinet shall be collectively responsible to the parliament -Art 55(3)
 Tenure of the govt. -Art 57 (2)
 Rights of Ministers as respects of parliament -Art 73A
 Standing Committees of Parliament -Art 76
Relation between the Executive and the Judiciary

 Art 101. Jurisdiction of High Court Division

 Art 102. Powers of High Court Division to issue certain orders and directions, etc.
 Art106. Advisory Jurisdiction of Supreme Court
 Art 111. Binding effect of Supreme Court judgments
 Art 112. Action in aid of Supreme Court.
SUB-ORDINATE CIVIL COURTS
THE JUDICIAL DIVISION OF BANGLADESH
Annexure:

The following five civil courts exist in general hierarchy:

 District Judge Court: It has original, appellate, revisional, transfer, review and
reference jurisdiction.

 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;

 Senior Assistant Judge Court;

 Assistant Judge Court.

SUB-ORDINATE CRIMINAL COURTS
THE JUDICIAL DIVISION OF BANGLADESH

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

1. SESSION 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 sentence up-to ten years imprisonment.
SESSION COURT
SUB-ORDINATE CRIMINAL COURTS

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 in the metropolitan areas.
SUB-ORDINATE CIVIL COURTS
THE JUDICIAL DIVISION OF BANGLADESH

2. MAGISTRATE COURT

Magistrate Courts are of two kinds:

(a) Executive Magistrate: Is mainly an administrative Magistrate, holds the limited trial
power in Mobile Courts generally.
(b) Judicial Magistrate:
There are four types of Judicial Magistrate courts in district level;

 Chief Judicial Magistrate Court: The highest court of the Magistracy.

 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,
 Judicial Magistrate Court: It is a 2nd or 3rd class Magistrate’s court.
METROPOLITAN MAGISTRATE COURTS
THE JUDICIAL DIVISION OF BANGLADESH

Accordingly in the Metropolitan areas there are three Metropolitan Magistrate

courts;
 Chief Metropolitan Magistrate Court
 Additional Metropolitan Magistrate 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.

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 SPECIAL COURTS

 Labour Courts: Labour Court deals with cases arising from labour disputes.
 Administrative Tribunals: Administrative Tribunals exercise its power
regarding service disputes of public servants.
 Income Tax Appellate Tribunals: Income Tax Appellate Tribunals exercise its
power regarding income tax disputes, custom and excise matters. VAT
Appellate Tribunals decide disputes regarding custom 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.

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SPECIAL COURTS

 Nari o Shishu Nirjaton Domon Tribunal;

 Druto Bichar Tribunal;
 Jono Nirapotta Tribunal;
 Cyber Tribunal;
 Special Tribunal;
 Juvenile Court;
 Environment Appellate Court;
 Court of Settlement;
 Special Tribunal Securities and Exchange Commission.
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