L501: Legal Environment of Business

The Structure of Judicial System in Bangladesh

Submitted by—

M. Samiul Islam Roll: 05Class: MBA 44DSection: 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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Bangladesh Supreme Court

High Court Division

District Judge's Court

Additional District

Judge's Court

Joint District Judge's Court

Senior Assistant

Judge's Court

Assistant Judge's Court

Session Judge's Court

Additional Session

judge's Court

Joint Session Judge's Court

Magistrate Court

Chief Metropolitan

Magistrate Court

Addn. Chief Metropolitan

Magistrate Court

Other Metropolitan

Magistrate Court

Chief Judicial Magistrate

Additional Judicial

Magistrate

Other Judicial Magistrate

Magistrage 1st, 2nd and 3rd

Class

Appellate Division

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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 Recruitment Procedure Requirements

District Judge/ Session Judge/ other similar Judge

Promotion of Additional District/ Additional Session

Judge

15 years including 2 years job experience as Additional

District/ Additional Session Judge

Additional District/ Additional Session Judge / other similar

Judge

Promotion of Joint District/ Joint Session Judge

10 years including 2 years job experience as Joint District/

Joint Session Judge

Joint District/ Joint Session Judge / other similar Judge

Promotion of Senior Assistant District Judge

7 years including 2 years job experience Senior Assistant

District Judge

Senior Assistant District Judge / other similar Judge

Promotion of Assistant District Judge

4 years job experience Assistant District Judge

Assistant District Judge / other similar Judge

Direct Recruitment or Absorption according to

Article 115 of Constitution

According to the requirement stated in Article 115 of

Constitution

Chief Judicial Magistrate / Chief Metropolitan Magistrate

Transfer of Additional District/ Additional Session

Judge or Absorption and Deputation according to

Article 115

At least 15 years including 2 years job experience as

Additional Chief Judicial Magistrate / Additional Chief

Metropolitan MagistrateAdditional Chief Judicial

Magistrate / Additional Chief Metropolitan Magistrate

Transfer of Joint District/ Joint Session Judge or

Absorption and Deputation according to Article 115

At least 12 years including 5 years satisfied job experience

as First Class Magistrate

Senior Judicial Magistrate / Metropolitan Magistrate /

First Class Magistrate

Transfer of Senior Assistant Judge or Absorption and Deputation according to

Article 115

At least 8 years including 3 years satisfied job experience

as First Class Magistrate

Judicial Magistrate ( Second and Third Class)

Transfer of Assistant Judge or Absorption and Deputation

according to Article 115

Job experience as Magistrate

Source: Bangladesh Judicial Service Regulation, 2007

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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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