Legal System of Bangladesh

1. Assignment on
The Legal History of Bangladesh
Submitted To
Ms. Nazia Wahab
Assistant Professor
Department of Law and Human Rights
University of Asia Pacific
Submitted By
Sumiya Rahman Anha
ID: 21211039
Batch: 33
Semester: First
Course: Introduction to Law and Legal
System (101)
Department of Law and Human Rights
University of Asia Pacific

2. Introduction:
The main purpose of “law” or “legal system” is to do justice. However, there exists a difference between
these two. Laws are composed of legal materials only whereas a legal system is not only composed of
laws but it also includes rules, procedures and institutions for their implementation. Thus, briefly, it can
be said that a legal system is a procedure or process for interpreting and enforcing the law.
Historical Background:
Bangladesh emerged as an independent and sovereign State in 1971, only 50 years ago. The present
legal system of Bangladesh has been evolved as a result of gradual process during the different period of
Indian history. It has inherited its “common law system” from the British colonial rulers who replaced
the Mughal Administration governed by the Islamic law. Before Mughal era, it was ruled by the local
Hindu rulers according to local customary laws based on religion. However, after partition of the Indian
sub-continent in 1947, during Pakistan period colonial legacy continued till the liberation of Bangladesh
in 1971. After independence, a new Constitution was adopted in 1972 as the highest law which provided
for a “Westminster model” of Parliamentary government.

3. Components of the Legal system of Bangladesh:
The elements of a legal system may vary from country to country. However, the main components of
the legal system of Bangladesh are as follows:
1. Constitution;
2. Primary legislation (Act of parliament);
3. Subsidiary legislation (delegated legislation);
4. Customs and practices;
5. The Legislature;
6. The Executive;
7. The Judiciary.
Constitution:
The Constitution of Bangladesh, adopted on 4 November 1972, is considered as the solemn expression
of the will of people and it serves as the guiding principles of our country. It embodies the spirit of the
rule of law, fundamental human rights and freedom, equality and justice, political, economic and social
security for all citizens. It has given the highest supremacy over all other laws, and any other law
inconsistent with the Constitution shall be void.
The Legislature:
Part V of the Constitution of Bangladesh deals with the Legislature, which includes the Parliament
popularly known as “the House of Nation”. They legislative branch of the government is a unicameral
Parliament which duty is to make laws for the nation. Members of Parliament, who must be of at least
twenty-five years old, are directly elected from respective territorial Constituencies. Parliament sits for a
maximum of five years must meet at least twice a year, and must meet less than thirty days after
election results are declared. The President calls the Parliament into session. The House elects a Speaker
and a Deputy Speaker who chair and conduct Parliamentary activities. Parliament also appoints several
types of committees such as Standing committee, etc. For its smooth operation and accountability.
The debates and votes on legislative bills brought by both Ministers and MPs. Decisions are taken
Parliament by a majority Vote except exceptional circumstances. If the Parliament passes a non-money
bill, it goes to the President for his assent thereon. If he disapproves the said bill, he may return it to the
Parliament within fifteen days for its reconsideration. In that case, the Parliament can bring necessary
changes to it for having it passed. 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.

4. The Executive:
Part IV of the Constitution of Bangladesh deals with the Executive. Constitutionally, the President of
Bangladesh is the chief of the State. However, in reality, his post is mainly ceremonial whereas the real
power is held by the Prime Minister who is the head of government. The President is elected by the
Parliament and the Prime minister is appointed by the President. The Prime Minister must be a Member
of Parliament (MP) whom the President feels commands the confidence of the majority of other MPs.
The cabinet is composed of Ministers selected by the Prime Minister and appointed by the President.
The President is, at all circumstances, constitutionally bound to act on the advice of the Prime Minister
except a few cases, i.e., the appointment of the Chief Justice. According to the Constitution, the
President may be bound dissolve the Parliament upon the written request of the Prime Minister.
The Judiciary:
Part VI of the Constitution of Bangladesh provides for the Judiciary which includes the Supreme Court,
Subordinate Counts, and Administrative Tribunals. The Judiciary system is the system of Counts that
administers Justice in the name of the State. A Judicial system is entrusted with the duty to resolve
disputes. The Supreme Court is authorized by the Constitution to interpret the law passed by the
legislature, and the law declared by the Supreme Court has the binding force upon the subordinate
Courts. The structure and functioning of the Courts in Bangladesh comprise of Constitutional Courts,
Courts of Sessions and District Judges Courts, and Tribunals and Special Courts of law under various
special legislation. The Courts mentioned above operate as the Courts of first instance, Appellate Counts
and the Supreme Court of Bangladesh. Decisions of the lower Counts may be appealed to the higher
Courts.
Conclusion:
The Constitution of Bangladesh endeavors to create a socialist society in which the rule of law,
fundamental human rights and freedom, equality and justice, political, economic and social security will
be ensured for all its citizens. It guarantees equality before the law and prohibits any kind of
discrimination on the ground of religion, race, sex, etc. It is fundamental rights of every citizen to enjoy
an equal protection of law and no one can be detrimentally affected in life, liberty, body reputation or
property except in accordance with law. In achieving all these basic features, the 1972 constitution will
undoubtedly continue to inspire, enlighten, and embolden the present and future legal system of
Bangladesh.