An assignment about Organs of government and Separation of Power in Bangladesh

1. Page | 1
Organs of Government and Separation of Power in Bangladesh
The GovernmentofBangladesh has three branches;the Executivebranch,the Legislativebranchandthe
Judicial branch.
The Legislature of Bangladesh is unicameral known as Sangsad. The Speakerpresidesover meetings of
the Sangsad and conducts its business in an orderly fashion. The current Sangsad contains 350 seats,
including50seatsreservedforwomen,whichare apportionedonelectedpartypositioninthe parliament.
The 10th National Parliamentary Election was held on 5 January 2014.[1]
The current speaker is Shirin
SharminChaudhury,whois presidingoverthe 10th Parliament.She isthe only womanto have heldthis
office.
The Executive is led by the Prime Minister, who selects all the remaining Ministers. The Prime Minister
and the other most senior Ministers belong to the supreme decision-making committee, known as
the Cabinet. The current Prime Minister is Sheikh Hasina, leader of the Bangladesh Awami League,who
was appointedbythe Presidenton6 January 2009 followingthe General Election on29 December2008.
Bangladesh Awami League led by her, and its Grand Alliance (a total of 14 parties) won the two-thirds
majority numerically the party controls 230 seats out of 299.[2]
The judicial branch systematically contains an apex Supreme Court, composed of, Appellate
DivisionandHigh Court Division. There are various levels of judiciary in Bangladesh – different types of
courts form a strict hierarchy of importance, District Courts, CityCriminal Courts and SpecializedCourts
and Tribunals ; all inferior to the Supreme Court. The Chief Justice of Bangladesh is the head of the
judiciaryandthe Supreme Court.The presentand the 22nd Chief Justice of Bangladeshis SyedMahmud
Hossain. He succeeded Justice Md. Abdul Wahhab Miah on 2 February 2018.
Separation of power or implementation of separation of power mean’s the idea of measures;
correspondingtothree kindsof power legislative,executive andjudicial,everymoderngovernmenthas
generally three organs, namely, the Legislature, the Executive and the Judiciary. Each organ while
performingitsactivitiestendstointerfereof workingof anotherfunctionarybecauseastrictdemarcation
of functions is not possible in their dealings withthe general public. Thus,evenwhenacting in ambit of
their own power, overlapping functions tend to appear amongst these organs. The question which
assumessignificanceoverhere isthatwhatshouldbe the relationamongthese threeorgansof the state.
Whetherthere shouldbe complete separationof powersorthere shouldbe co-ordinationamongthem.
Itisnotalwayseasyindeedpossibletodetermine underwhichheadaparticulartaskof governmentsfalls,
but the organs which mainly perform these functions are distinguishable.
The concept of separation of powers denotes to the relationship among the three essential bodies of a
state,namely;the executive,the legislature andthe judiciary.Thisnotiondemandsan evaluationof the
saidrelationshipforensuringacleardemarcationinthe functioningof the organsof the state.Inorderto
ensure that none shouldhave excessive powerandthat there shouldbe in place a systemof checks and
balancesbetweenthese institutions,Article22of the Constitutionof the People'sRepublicof Bangladesh
provides that - "The State shall ensure the separation of the judiciary from the executive organs of the
State".
However,the realityinBangladeshisthat thisnotionof balancingthe powerand responsibilitiesbyand
amongthe institutionsofthe Governmentisnotrespectedallthe timesinourcountryasexpectedthough
the same is guaranteed under the Constitution.

2. Page | 2
Separation of power is not absolute; it is instead qualified by the doctrine of checks and balances. The
systemof checksandbalancesisdesignatedtoalloweachbranchtorestrainabuse byeachotherbranch.
Conclusion:
The divisionof governmental powersintolegislative,executiveandjudicialisnotanextractclassification.
It is abstract and general and is true in theory only, but in actual practice complete is impossible. There
are many powers which may be assigned to one department or delegated to a commission or agency
createdforthe purpose of administeringalaw oraregulation.Infactthe complex relationsandconditions
createdbythe modernsocietyandbusinesshaveproducedmanysituationswhichcanbe adequatelymet
only by investing in the same administrative offices or bodies, powers inherently partaking at least to
some extent, of any two or of all three of the departments.
References:
https://en.wikipedia.org/wiki/Government_of_Bangladesh
http://www.observerbd.com/details.php?id=34430
http://www.assignmentpoint.com/arts/law/separation-of-power-under-bangladesh-and-usa-
constitution.html