THE JUDICIARY IN BANGLADESH: EVALUATING ITS ROLE WITHIN THE CONSTITUTIONAL FRAMEWORK

Abstract

The quest for socio-economic fairness within a society is an ongoing endeavor. The Preamble of Bangladesh’s Constitution guarantees a society that is inclusive, equitable and free from prejudices. This ideal in Bangladeshi society is expected to be achieved through the rule of law. The Constitution of Bangladesh prioritizes the essential ideals of rights, freedom, justice, and equality. The judiciary in Bangladesh is organized hierarchically, with the Supreme Court at the apex and lower courts operating under its oversight. In addition to its appellate role, the Supreme Court serves as a constitutional guardian by maintaining constitutional supremacy, safeguarding fundamental rights, and curbing executive and legislative overreach. Nonetheless, the Court’s efficacy is contentious owing to threats to judicial autonomy, political meddling, and institutional frailties. This paper rigorously analyzes the Supreme Court’s authority and operational efficacy as the protector of the Constitution. It assesses its role in the advancement of constitutionalism and democratic government in Bangladesh. It also examines the constitutional revisions and legal framework that define the organization, powers, and operations of the Bangladeshi judiciary, emphasizing the conflicts between constitutional principles and political realities.