L501: Legal Environment of Business

The Structure of Judicial System in Bangladesh

Submitted by—

M. Samiul Islam
Roll: 05
Class: MBA 44D
Section: A

Submitted to –

Mr. Shakil Huda

Professor, IBA-DU.

Submission date: 18.02.2010

.
Institute of Business Administration, Dhaka University
The present legal system of Bangladesh owes its origin mainly to 200-year British rule in Indian
Sub-Continent. The Civil Courts Act, 1887 and the Criminal Procedure Code, 1898 as amended
up to 2007 is the main legal basis of the present court structure particularly the subordinate
judiciary in both civil and criminal side. The judiciary system of Bangladesh is composed of two
divisions: The Supreme Court and the Subordinate Court.

The Supreme Court

In every country, there is a highest court to provide justice according to the rule of law. The
highest court in Bangladesh, the Supreme Court was created by the order Article 94(I) of the
constitution of the People Republic of Bangladesh. It consists of two divisions, namely the
Appellate Divisions and the High Court Division. The functions of the two are distinct and the
appointment of judges to each is separate.

The Appellate Division

The appellate division of Bangladesh is comprised of Chief Justice along with other most senior
justices. The Chief Justice presides over this division. He is the administrative head of all the
judges of Appellate and High Court Division. It has no original jurisdiction. The main function
of Appellate Division is to discharge appeal case charged against the verdict of High Court
Division. The decision of Appellate Division is final and all the citizens of Bangladesh are bound
to obey its decision. The source of jurisdiction of the Appellate Division is two: the constitution
and the ordinary law. However, an ordinary law can give the Appellate Division only appellate
jurisdiction as stated in Article 103(4) of the constitution.

The High Court Division

There are two benches of High Court Division. One is Single Bench and the other one is
Divisional Bench. Single Bench is consisted of one judge, Double Bench is consisted of more
than one judge. Like the Appellate Division, the High Court division (HCD) has also two sources
of powers and jurisdiction according to the Article 101, namely the Constitution and the ordinary
law. Hence the jurisdiction of the High Court Division may be divided into two categories –
ordinary or general jurisdiction and Constitutional jurisdiction.

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Figure A. Structure of Bangladesh Judicial System

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Under Constitutional jurisdiction, the Constitution itself has conferred on the HCD one particular
type of jurisdiction, which is Writ Jurisdiction. Writ actually referred to a written document by
which someone is summoned or required to do or refrain from doing something. Historically,
writ has its origin in British legal system. As defined by Blackstone, ‘writ is a mandatory letter
from the king-in-parliament, sealed with his great seal, and directed to the Sheriff of the country
wherein the injury is committed or supposed so to be, requiring him to command the wrongdoer
or party caused either to do justice to the complainant, or else to appear in court and answer the
accusation against him.’ Sometimes, writs are called prerogative writs. The prerogative writs are
five in number: writ of Habeas Corpus, writ of Certiorari, writ of Prohibition, writ of Mandamus
and writ of Quo-Warranto.

The Court of District Judge

The district judge’s court, headed by a district judge is immediately next in the hierarchy down
from the High Court division. Subject to the superintendence of the High Court Division, the
District Judge shall have administrative control over all the Civil Courts under the Civil Courts
Acts 1887 within the local limits of his jurisdiction. The district court usually does not try
original suits. It only tries certain cases like insolvency, probate and administration etc. It has the
power to try, transfer, withdraw any suit, appeal or other proceedings in any civil courts below
the High Court Division.

The Court of Additional District Judge

The judicial functions of an Additional District Judger are similar to those of a District Judge. He
tries those cases which are transferred to his court from the Court of the District Judge. Appeal
from this court normally lies to the High Court Division.

The Court of Joint District Judge

The Joint District Judge’s Court tries two types of jurisdiction: original and appellate
(transferred). Its original suit is unlimited. This court has jurisdiction to try those cases the value
of which exceeds Tk. 4 lac. Appeal from this court will lie to District judge where the value of
original suit is within Tk. 5 lac, otherwise appeal will lie to the High Court Division.

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The Court of Senior Assistant Judge
The Senior Assistant Judge’s court has the jurisdiction of those cases the value of which is within
Tk. 4 lac. Appeal from this court will lie to the Court of District Judge. This court is also
empowered to act as Small Causes Court, Family Court, Election Tribunal.

The Court of Assistant Judge

The Assistant Judge’s Court is at the base level of hierarchy of civil court. It has the jurisdiction
to try those cases the value of which is within Tk. 2 lac. Appeal from this court lies to the Court
of District Judge. This court is also empowered to act as Small Causes Court, Village Court.

The Court of Session Judge

Bangladesh has been divided into some Session Divisions each containing a Court of Sessions
for the purpose of criminal justice. Every Session Division will consist of one district or several
districts. A Metropolitan Area is also deemed to be a Session Division. The Court of Session for
a Metropolitan Area is called the Metropolitan Court of Session. The District Judges of districts
are appointed as Session Judge of the district.

The Court of Additional Session Judge

The Additional District Judge of district concerned is appointed as Additional Session Judge. He/
She is appointed from among the members of the Bangladesh Judicial Service. The Session
Judge may dispose any urgent application by an Additional Session Judge and such Judge shall
have Jurisdiction to deal with any such application.

The Court of Joint Session Judge

When a Joint District Judge is given the session powers, he/she acts as Joint Session Judge.
He/she is appointed from the Bangladesh Judicial Service. All Joint Session Judges are
subordinate to the Session Judge in whose court they exercise jurisdiction. The Session Judge
may dispose any urgent application by a Joint Session Judge and such Judge shall have
Jurisdiction to deal with any such application.

The Magistrates’ Court

There are two types of magistrate court: Judicial Magistrate and Executive Magistrate. There are
also other types of magistracy like Special Magistracy and Justices of Peace.

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All Metropolitan Magistrate including the Chief Metropolitan Magistrate is subordinate to the
Metropolitan Session Judge for the metropolitan area and all Judicial Magistrate including the
Chief Judicial Magistrate is subordinate to the Session Judge for other area. There are also
Additional Chief Metropolitan Magistrate and Additional Chief Judicial Magistrate together with
First, Second and Third Class Magistrate.

The executive magistrates are appointed by the government as many persons as it thinks fit to be
and one of them will be the District Magistrate. The government may also appoint an Executive
Magistrate to be an Additional District Magistrate. The Executive Magistrate can be appointed
from Bangladesh Civil Service (Administration) by the order of government. The Assistant
Commissioner, Additional Deputy Commissioner, Upazilla Nirbahi Officer and Commissioner
may be appointed.

Other Courts
Apart from the above courts, there are some other courts available according to various laws and
ordinances. These are mainly exercised for special situation and special case. The prominent
among them are Labour Court, Labour Appellate Tribunal, Special Power Act, Special Tribunal,
Children Act, Administrative Tribunal, Administrative Appellate Tribunal, Village Court,
Marine Court, Family Court etc.

Appointment of Judges
The Judges of the High Court Division are appointed considering at least 10 years of experience
as lawyer in High Court Division. The appointment is done by the Chief Justice through
consultation with the President.

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Table A. Recruitment of Bangladesh Judicial Service
Name of Post
District Judge/ Session Judge/
other similar Judge
Additional District/ Additional
Session Judge / other similar
Judge
Joint District/ Joint Session
Judge / other similar Judge
Senior Assistant District
Judge / other similar Judge
Assistant District Judge / other
similar Judge
Chief Judicial Magistrate /
Chief Metropolitan Magistrate
Additional Chief Judicial
Magistrate / Additional Chief
Metropolitan Magistrate
Senior Judicial Magistrate /
Metropolitan Magistrate /
First Class Magistrate
Judicial Magistrate ( Second
and Third Class)
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Recruitment Procedure
Promotion of Additional
District/ Additional Session
Judge
Promotion of Joint District/
Joint Session Judge
Promotion of Senior Assistant
District Judge
Promotion of Assistant
District Judge
Direct Recruitment or
Absorption according to
Article 115 of Constitution
Transfer of Additional
District/ Additional Session
Judge or Absorption and
Deputation according to
Article 115
Transfer of Joint District/
Joint Session Judge or
Absorption and Deputation
according to Article 115
Transfer of Senior Assistant
Judge or Absorption and
Deputation according to
Article 115
Transfer of Assistant Judge or
Absorption and Deputation
according to Article 115
Source: Bangladesh Judicial Service Regulation, 2007
Requirements
15 years including 2 years job
experience as Additional
District/ Additional Session
Judge
10 years including 2 years job
experience as Joint District/
Joint Session Judge
7 years including 2 years job
experience Senior Assistant
District Judge
4 years job experience
Assistant District Judge
According to the requirement
stated in Article 115 of
Constitution
At least 15 years including 2
years job experience as
Additional Chief Judicial
Magistrate / Additional Chief
Metropolitan Magistrate
At least 12 years including 5
years satisfied job experience
as First Class Magistrate
At least 8 years including 3
years satisfied job experience
as First Class Magistrate
Job experience as Magistrate
 1. Halim, A. 2008. The Legal System of Bangladesh. Dhaka: CCB Foundation.
2. Halim, A. 1995. Constitution, Constitutional Law and Politics: Bangladesh Perspective.
Dhaka: Rico Printers.
3.

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