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Organs of The State - 72 FTC
Organs of The State - 72 FTC
Organs of The State - 72 FTC
Bangladesh
1
Introduction
Bangladesh
State
2
Introduction
THE EXECUTUVE
3
Formation of Executive
4
Formation of Executive
The President
⚫ The President is the Head of State and is elected by the
members of parliament (Article 48).
⚫ (5) 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.
6
Formation of Executive
The President contd.
⚫ Term of office of President
50. (1) 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.
⚫ (2) No person shall hold office as President for more than two terms, whether or
not the terms are consecutive.
⚫ (3) The President may resign his office by writing under his hand addressed to
the Speaker.
⚫ (4) 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.
7
Formation of Executive
8
Formation of Executive
The Prime Minister & The Cabinet contd.
⚫ 57. Tenure of office of Prime Minister
(1) 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
⚫ (2) 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, and if he so advises the President shall, if he is
satisfied that no other member of Parliament commands the support of the
majority of the members of Parliament, dissolve Parliament accordingly.
⚫ (3) Nothing in this article shall disqualify Prime Minister for holding office until
his successor has entered upon office.
9
Formation of Executive
The Prime Minister & The Cabinet contd.
⚫ 58. Tenure of office of other Ministers
(1) The office of a Minister other than the Prime Minister shall become vacant –
⚫ (a) if he resigns from office by placing his resignation in the hands of the Prime Minister
for submission to the President;
⚫ (b) if he ceases to be a member of Parliament, but this shall not be applicable to a
Minister chosen under the proviso to article 56(2);
⚫ (c) if the President, pursuant to the provisions of clause (2), so directs; or
⚫ (d) as provided in clause (4).
(2) The Prime Minister may at any time request a Minister to resign, and if such Minister
fails to comply with the request, may advise the President to terminate the appointment
of such Minister.
(3) Nothing in sub clauses (a), (b) and (d) of clause (1) shall disqualify a Minister for holding
office during any period in which Parliament stands dissolved.
(4) If the Prime Minister resigns from or ceases to hold office each of the other Ministers
shall be deemed also to have resigned from office but shall, subject to the provisions of
this Chapter, continue to hold office until his successor has entered upon office.
10
Functions of Executive
11
Contnd.
Functions of Executive
12
Structure of Executive
The Cabinet
The PM
13
LEGISLATURE OF BANGLADESH
⚫ Republic is the source of all powers: 7. (1) All powers in the Republic belong
to the people, and their exercise on behalf of the people shall be effected only
under, and by the authority of, this Constitution.
14
Contnd.
LEGISLATURE OF BANGLADESH
15
Contnd.
LEGISLATURE OF BANGLADESH
⚫ Decisions are taken by a majority vote of the members, with the presiding
officer abstaining from voting except to break a tie. -Art.75 1 (b)
⚫ A quorum is sixty members. -Art.75 (2)
⚫ 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.
-Art.80 (3) (4)
⚫ If the president does not return a bill to Parliament within fifteen days, it
automatically becomes law –Art.80 (3). All money bills require a
presidential recommendation before they can be introduced for debate in
Parliament. 82
16
Functions of Legislature [65-93]
17
Supremacy of Legislature
⚫ The Legislature is the Law making body.
⚫ Each and every bill proposed/recommended by the executive has to be
initiated, discussed, reviewed, amended and voted upon in the
legislature.
⚫ So, ultimately, it is the legislature that decides which bills should be
passed.
⚫ The Executive can make and promulgate Ordinance. But the continuous
validity of this ordinance has to be ratified by the legislature within 30
days of it’s first session after the Ordinance is made. Otherwise it will lose
its validity. -Art.93
⚫ The validity of the proceedings in parliament shall not be questioned in
any court. (78.1)
⚫ No tax shall be levied of collected except by or under the authority of an
act of parliament (83) 18
THE JUDICIARY OF BANGLADESH (Article 94 – 117)
19
Functions of Judiciary (94-117)
(Adjudicating body of the country)
⚫ Administration of justice
⚫ Custodian of the Constitution
⚫ declares a law etc. null and void if it violates the constitution -Art.7(2), 26
⚫ Interpretation of laws, the Constitution and the statutes to clear conflict
and confusion (106)
⚫ Hear and decide disputes and appeals (103)
⚫ Rule making power of the supreme court- (107)
⚫ Binding effect of supreme court Judgment (111)
20
Advisory jurisdiction of Supreme Court
(Article-106)
21
Separation of Power
The Constitution deals with the three pillars of the state as following :
⚫ Legislature: articles 65-93;
⚫ Executive: articles 48-64;
⚫ Judiciary: articles 94-117;
22
Separation of Judiciary from the executive. -Art. 22
The State shall ensure the separation of the judiciary from the
executive organs of the State
23
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. -Art.104, 105
25
Relation between the Executive and the Judiciary
⚫ Art 102. Powers of High Court Division to issue certain orders and
directions, etc.
26
Relation between the Legislature and the Judiciary
⚫ Art 7 (2)
⚫ Art 26
⚫ Art 44
⚫ Art 105
27
Conclusion:
⚫ The state stands on and is run by these three pillars. So, each of the
organs are inseparable from one another.
⚫ Ultimately, all of them are directly or indirectly, to some extent,
dependent on each other for the effective and efficient performance of
the state functions to run the state smoothly.
There is,
⚫ constitutionally, a checks and balances among the three pillars of
Bangladesh. No organ or person can be excess authoritative by
centralization of powers.
28
Thank You
29
The Structure of Judiciary Annexure:
30
SUB-ORDINATE CIVIL COURTS: Annexure:
31
SUB-ORDINATE CRIMINAL COURTS: Annexure:
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;
⚫ Joint District Session Judge Court: can pass sentence up-to ten years
imprisonment.
32
Annexure:
Accordingly in the Metropolitan areas there are three
Metropolitan Session courts;
33
2. MAGISTRATE COURT: Annexure:
34
Annexure:
Accordingly in the Metropolitan areas there are three
Metropolitan Magistrate courts;
35
Annexure:
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.
36
Annexure:
SPECIAL COURTS: Contnd.