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An
n Apprraisal of Effficienccy and Effectiveneess of
th
he Suppreme Courtt of Baanglad desh
Moham
mmad Saaiful Islam
m
Doctorall fellow, Schhool of Laww,
Beijing Institutee of Technoology, Beijinng, China & Assistant Professor, D Departmentt of Law,
Intternational Islamic Uniiversity, Chhittagong (IIIUC), Banggladesh
E-mail:: saiful@laww.iiuc.ac.bdd
Howw to Cite th
his Paper:
Mohaammad Saiful, Islam. (2019). An A Appraisaal of Efficciency and Effectivenness of thee
Supreeme Court of
o Bangladeesh. Interna
ational Jourrnal of Mannagement, T
Technology, and Sociall
S), 4(1), 109-124.
Sciencces (IJMTS)
DOI: http://doi.org/10.5281//zenodo.32550674.
Internaational Jou
urnal of Maanagement,, Technologgy, and Soccial Sciencees (IJMTS)
A Referreed Internaational Journnal of Srinivas Universsity, India.
IFSIJ Journal
J Im
mpact Factoor for 2018 = 4.764
© Withh Author.
Mohamm
mad Saiful Islam, (20199); www.srrinivaspubliication.com
m PAGE 109
1
International Journal of Management, Technology, and Social SRINIVAS
Sciences (IJMTS), ISSN: 2581-6012, Vol. 4, No. 1, June 2019. PUBLICATION
An Appraisal of Efficiency and Effectiveness of the Supreme
Court of Bangladesh
ABSTRACT
The Supreme Court is the apex institution of the adjudication system and constitutional body in
Bangladesh. The Constitution mandates its functions and jurisdictions. It performs functions and
duties not as a servant of the government but performs constitutional functions as a guardian to
uphold the Constitutionalism, secure the Constitutional guarantee of the citizens’. It has unique
and extraordinary inherent jurisdictions like writ, taking action for doing complete justice,
review of its own decision, punish to contemnor, settle issues arise under the Constitutional
interpretation, providing perfect direction of unambiguous law, and provide advice. This paper
analyzes the momentous issue of jurisdiction and functions of the Supreme Court from the legal
and economic aspects with highlighting the efficiency of the apex court. It also examines with
particular consideration of contempt of court matter.
Keywords: Supreme Court, Economic efficiency, Contempt of court, Constitutional law.
1. INTRODUCTION : judges. Scholar mentioned from an economic
approach that “judges like other agents will
As three branches of the State; legislative enact,
respond to the incentives created by institutions”
rescind or amending the legal rules, the
[1]. The Supreme Courts’ jurisdiction
executive responsible for implementing the
demonstrates the full range of power to exercise
laws, and the judiciary or judicial system applies
adjudication. Constitution places mandate that
and interprets the law in the adjudication. The
the Constitution [2] is the supreme law of the
Court has not empowered only for settlement of
land (Art. 7) [2], and the Supreme Court is the
disputes among the litigants but also authorized
guardian of the constitution. As a protector of
to confirm the citizens’ rights, promote the rule
the Constitution, therefore, the Supreme Court
of law, making a sound environment for
holds power to declare any legislation as null
investment, and securing the economic and
and void enacted by the legislative body or
property rights as well. The endowed
Parliament through the provision of judicial
jurisdiction other than settlement of disputes
review.
particularly goes to the Supreme Court of
The apex court is constitutional functionaries to
Bangladesh that is the apex court of Bangladesh
guarantee constitutional rights and to remove
in the adjudication system. However,
error from the judgment of a subordinate court
adjudication is a multifaceted task and applied
that create enormous costs on the litigation
by an established legal procedure with variable
party. It can also play a large role to the
jurisdiction from court to court through a key
development of economic growth by taking
legal institution. Judges’ behaviour depends on
judicial action under its functions by imposing a
the court system like the Supreme Court or
proper sanction. Last couple of years the ruling
subordinate court; hence, different court
party attempts to attainment favour through
jurisdiction explores different behaviour of
Mohammad Saiful Islam, (2019); www.srinivaspublication.com PAGE 110
International Journal of Management, Technology, and Social SRINIVAS
Sciences (IJMTS), ISSN: 2581-6012, Vol. 4, No. 1, June 2019. PUBLICATION
political appointment that makes politicization actor as a rational human being try to maximize
of bench. The bases of selection considering their utility within the limited resources.
devotion to reigning out of merits mark Economic principles deserve judges should
sufficient role to settle the cases especially cases deliver efficient judgment, impose proper
against the political opponent. The higher court liability to appropriate individuals, because of
bears public confidence to promote justice at any the wrong verdict to an innocent person or
rate as an independent and constitutional body, improper responsibility to the accurate person
but sometimes through the political appointment will generate a social cost. Judges try to perform
and extreme loyalty to ruling executive and maximize their duties within constitutional
condense its public trust about efficiency and constraints. Litigants attempt to get judgment in
effectiveness of apex courts functions. favour of him/her, advocates want to earn
Practical implications and Value: This paper money and increase fame by winning litigation,
will display to the legal community a wide range prosecutor or attorney takes to attempt to get
of understanding about the significant issue of verdict in favour of government. And finally the
functions and jurisdiction of the Supreme Court. judiciary as a legal institution should try to
This issue has both prodigious theoretical and minimize the social costs that contain the direct
practical importance. In this study, some costs and error costs through the effective
achievable recommendations have also been procedures. Each actor induces by explicit or
suggested in order to progress the efficiency and implicit incentives including ideology, money,
effectiveness of the Supreme Court that will promotion, famed, constitutional responsibility
reach to the policymaker to take a visible as a rational human being.
attempt to build an efficient and effective
3. CONSTITUTIONAL ARRANGEMENT
institution of adjudication. This paper holds a
OF THE SUPREME COURT :
new dimension of research from economic
aspects to understand the efficiency and Bangladesh got independence twice, first
effectiveness of the higher judiciary in attained in 1947 from the British ruling with
Bangladesh that will be the attention of legal entitled East Pakistan as a wing of Pakistan, and
scholars, judges, law practitioners and those finally as sovereign country independence
have interest on adjudication system of achieved in 1971 [3] after a protracted liberation
Bangladesh. war with the mass protest against the imprudent
Methodology and approach: This study is and bearish ruler of Pakistan that made a martyr
mainly qualitative in nature with blending the of innumerable lives [4]. In 1971, after reached
interdisciplinary method of law and economic valuable independence Bangladesh accepted the
approach. This study has engaged the content existed law and legal institutes prior to 1971 in
analysis of reliable primary and secondary the part of Bangladesh [5] that was known as
sources and corroborated by open-ended East Pakistan. Subsequently, the Constitution
informal interviews with judges and Supreme delivered “Subject to the provisions of this
Court lawyer. The content analysis covers Constitution all existing laws shall continue to
Constitutional law, statutory law, Supreme have effect but may be amended or repealed by
Court rules, case law, statistical data, dependable law made under this Constitution” (Art.149) [2].
journal articles, books, media reports, newspaper After immediate independence, the highest court
articles, and internet documents. in Bangladesh was the High Court set up under
the High Court of Bangladesh Order1972 (Sec.
2. ECONOMIC APPROACH TO COURT
2) transmitted under the Proclamation of
PERFORMERS :
Independence1971 and the Provisional
The economic approach to the court like a Constitution of Bangladesh Order1972 [6].
competitive market comprising by judges, Afterward, Appellate Division of the High Court
litigants, advocates, prosecutors and government established by the High Court of Bangladesh
attorneys. As per economic principles, each (Amendment) Order 1972 that was comprised
********