The natural death of the Supreme Judicial Commission of Bangladesh and the consequent patronage appointments to the Bench : Advocating the establishment of an Independent Judicial Commission

Journal article


Bari, M. Ehteshamul. (2014). The natural death of the Supreme Judicial Commission of Bangladesh and the consequent patronage appointments to the Bench : Advocating the establishment of an Independent Judicial Commission. International Review Of Law. 2014(1), pp. 1-17. https://doi.org/10.5339/irl.2014.1
AuthorsBari, M. Ehteshamul
Abstract

In order to strengthen the constitutional process of appointment of judges in Superior Courts, Bangladesh established a Supreme Judicial Commission in 2008 by promulgating an Ordinance. This Ordinance was neither promulgated in pursuance of any provisions of the Constitution nor by introducing any amendment to the provisions of the Constitution. The recommendations of the Commission were not given binding force on the executive. The power of the executive to accept or reject the candidates recommended by the Supreme Judicial Commission at his pleasure defeated the very objective of establishing the Commission for appointing the most competent and suitable persons as judges of the superior courts in Bangladesh. However, following the general elections held on 29 December 2008, the newly elected Government of Bangladesh Awami League dispensed with the Supreme Judicial Commission by not placing the Supreme Judicial Commission Ordinance before the parliament for its approval. This resulted in restoring the previous system of appointing judges on the satisfaction of the executive, which has resulted in patronage appointments. Thus, the establishment of an independent judicial commission in Bangladesh is an imperative necessity for strengthening the independence and impartiality of the judiciary.

Keywordssubstantive independence of the judiciary; Supreme Judicial Commission of Bangladesh; patronage appointments
Year2014
JournalInternational Review Of Law
Journal citation2014 (1), pp. 1-17
PublisherHamad bin Khalifa University Press
ISSN2223-859X
Digital Object Identifier (DOI)https://doi.org/10.5339/irl.2014.1
Open accessPublished as ‘gold’ (paid) open access
Research or scholarlyResearch
Page range1-17
Publisher's version
License
File Access Level
Open
Output statusPublished
Publication dates
Online2014
Publication process dates
Accepted13 May 2014
Deposited20 Aug 2021
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