(iPoster) Current Political Dynamics and Challenges to Judicial Independence in Bangladesh

• In Event: Poster Session: Judicial Politics & Public Administration
  In Poster Session: Poster Session: Judicial Politics

Abstract

The creation of a culture of judicial independence is of central significance for both national domestic legal system as well as for the international courts and tribunals. Judicial independence is one of the fundamental values which lie at the foundations of most judicial systems. Each of the values allows the court to fulfil their main function which is the resolution of dispute. Bangladesh is a parliamentary democracy and a secular country. Though Bangladesh is in a relatively stable period in terms of politics and security, but the country is still facing challenges in the judicial system and the rule of law. This is partly due to the confrontational politics practiced by the two main political parties over decades, reflecting longstanding personal enmity between the leaders of Awami League and Bangladesh Nationalist Party. On October 16, student leaders' protests calling for the resignation of 12 pro-Awami League judges were a disappointing development. In this context, the current Chief Justice of Bangladesh has taken steps to remove the judges by pressuring the judicial system through protests on court grounds. However, this approach does not demonstrate the appropriate respect for the judiciary. The Chief Justice has, at least, avoided violating proper procedures in removing these judges. As Dworkin argues, judges have a moral duty to protect rights that extend beyond political interests, underscoring the importance of safeguards to uphold judicial independence and transparency in judicial appointments. For the sake of judicial reform, independence, and the proper dispensation of justice, there is no alternative but to establish due process and the rule of law. The study aims to understand the current political crisis and present status of judicial independence in Bangladesh. Because Bangladesh has a long history of political instability and military interventions in political affairs of the country. In such a scenario the Judiciary offers less scope for judicial activism and constitutional remedies. The proposed study is descriptive and exploratory in nature based on historical and analytical methods. The study proposes to refer both primary and secondary sources of information and data by using Inductive method.
Key words: Judiciary, independence, Bangladesh, political crisis.

Author

• Minati Kalo, Maitreyi College, UOD