Separation of power

There are 3 organs such as Executive, Legislative and Judiciary. If they play their role without any interpretation then it may call seperation of Power.

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Introduction
Power means ability. Separation of power means power’s separation from one to another. When
a power divided into three branches in executive, legislative, and judicial are called Separation of
Powers. Government is process of governing. It is the use of power derived from the law that is
approve by the legislature. It is means, methods, manners, or system of governing society and
organization. Government is one of the most essential attributes of a state. We cannot have a
clear idea about a state without it. Burke has said “Government is one of the inventions of human
knowledge through which the human being fulfill his desires.
Meaning of Separation of Powers
The doctrine of separation of power means that separate of the organs of the government, the
legislative, executive or judicial should ever exercise the powers of the other. It means that three
departments of governments are to be separate and distinct. They are to be independent of one
another and each can exercise only the type of authority, legislative, executive or judicial.
Concept of Separation of powers
The executive branch is the enforcer of low, it enforces laws made or enacted by the legislature,
it also held responsibility for the government administration system, it has the authority to
adjourn and dissolve the legislature. Constitutional article 48 to 64 discusses the executive
branch. The formulation and execution of governmental policy are also the responsibility of the
executive. The executive branch issues regulations for the governance of the government
department. As the executive body including all the government servants, it held the
responsibility for delivering service such as healthcare, welfare, education etc.
The Legislature branch makes law, amends and replaces old laws, it controls, criticise,
supervise and scrutinizes the administration or activities of the executive and influence the
policies of the government. The constitutional articles 65 to 93 discuss the legislative branch.
The legislature also the representative for the people. The legislature also has the power to elect
the head of the state, India for example, the lower house and the upper house and the state
legislature bodies elect the president. Lastly the legislature also control the national finance.
The Judiciary branch is a branch of government that is concerned with the administration of
justice. The constitutional articles 94 to 117 discuss the judiciary branch. It is the guardian of the
constitution, if the laws made by the judiciary or the states are conflicted with the constitution,
the judiciary could declare the laws as invalid. The judiciary interprets laws, the constitutions
and the statutes. The Judiciary also makes law when the existing laws are blur or confusing or
conflicting each are in some cases.

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Government structure of Bangladesh

Government structure



















Legislative branch Executive branch Judiciary branch
Member of Parliament President
Supreme Court
Speaker Prime Minister Mid-Level Court
Deputy speaker Cabinet Lower level court
Chief whip Secretariat
Appellate division
Whip
Statutory bodies
Public enterprises
Ministry
Division
Wing
Branch
Section
High court division

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Separation of powers definition
A fundamental principle of the Bangladesh government, whereby powers and responsibilities are
divided among the legislative branch, executive branch, and judicial branch. The officials of each
branch are selected by different procedures and serve different terms of office; each branch may
choose to block action of the other branches through the system of checks and balances. The
framers of the Constitution designed this system to ensure that no one branch would accumulate
too much power and that issues of public policy and welfare would be given comprehensive
consideration before any action was taken.
According to Wade and Phillips, this doctrine of separation of power, means that the same
person should not compose more than one of the three departments of the government, one of
departments of the government, one department should not control and interfere with the acts of
the other two departments, and one department should not discharge the functions of the other
two departments.
Historical background of Separation of Power
Thus Clement Walker, a member of the Long Parliament in 1648, saw distinctly enough the kind
of arbitrary, tyrannical rule against which the governed had to be protected. The remedy, he
thought, lay in a separation of governmental functions cast in terms of “the Governing power,”
“the Legislative power,” and “the Judicative power.”
For Marchamont Nedham, writing under Cromwell’s Protectorate in 1656, the required
separation is that of legislative and executive powers into different “hands and persons.” As used
by him, the distinction resembles the sharp dichotomy between the formation of policy and its
administration favored by mid-twentieth-century American administrative theorists. Separation,
for Nedham, is an indispensable means for locating responsibility and fixing accountability. An
executive, unambiguously charged with executing a policy set by the “Law-makers,” can be held
liable for its performance or nonperformance. Let that clear line of distinction and responsibility
be blurred, and liberty and the people’s interest are alike in jeopardy.
John Trenchard’s argument of 1698 carries Nedham’s separation of power even further. One
might say that without separation of persons there cannot be a meaningful separation of powers.
Here, more than accountability is sought. The freedom of England depends on a truly
representative an uncorrupt–House of Commons serving as a check on an executive which
already has the power of the sword. Given the premise that “it is certain that every Man will act
for his own Interest,” the only safeguard against “continual Heartburnings between King and
People” consists in so interweaving the representatives’ interest with that of the people that in
acting for themselves, the representatives must likewise act for the common interest. As is true of
many eighteenth-century writers, Trenchard here drew on arguments for separation of powers
and for mixed or balanced government without sharply distinguishing the two.

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Importance of Separation of Power
The separation of power in its true sense is very rigid and this is one of the reasons of why it is
not accepted by a large number of countries in the world. The main object as per Montesquieu in
the Doctrine of separation of power is that there should be government of law rather than having
will and whims of the official. Also another most important feature of the doctrine is that there
should be independence of judiciary, Legislative and Executive. It should be free from the other
organs of the state and if it is so then justice would be delivered properly. The judiciary is the
scale through which one can measure. When three organs are separated the executive, legislative
and judiciary are being free. When all organ are free, any kind of decision taking with a short
time. Reducing interfere with other department members, all organ are effectively and efficiently
running.
1. Legislature
2. Executives
3. Judiciary.
These three organs of the government are closely related to one another, because legislature makes the
law, the executive implements them and the judiciary interprets them. All of these are described below:
Legislature

Every proposal in parliament for making a law shall be made in the form of a Bill constitutional
article 80. Legislature is a law making branch of government. In all most all the countries,
legislature is available for making laws. In democracy, the importance of legislature is still more.
For law making most of the countries have two houses of legislature, while few countries have
one house. Legislature can initial and rescind laws and is the only authority able to approve
proposed law. Although the constitution allow persons or agencies of the executive branch to
propose law.

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The following are the function of legislature:
1. Law making
The first and foremost function of a legislature is to legislate to make laws. In ancient times, laws
used to be either derived from customs, traditions and religious scriptures, or were issued by the
kings as their commands. However, in the contemporary era of democracy, legislature is the
chief source of law. Legislature transforms the demands of the people into authoritative
laws/statutes.
2. Deliberative Functions
Through this function, the legislature reflects the public opinion over various issues. To deliberate upon
matters of national importance, public issues, problems and needs is an important function of a modern
legislature. The debates held in the legislature have a great educative value for the people.
3. Custodian of National Finances
It holds the purse of the nation and controls the finances. No money can be raised or spent by the
executive without the approval of the legislature. Each year the executive has to prepare and get
passed from the legislature the budget for the coming financial year. In the budget, the executive
has to place the account of the actual income and expenditure of the previous year and estimated
income and expenditure for the New Year. The legislature maintains a control over all financial
transactions and expenditures incurred by the executive.
4. Control over the Executive
A modern legislature has the power to exercise control over the executive. In a parliamentary
system of government, the legislature has the power to remove the executive by passing a vote of
no-confidence or by rejecting a policy or budget or law of the executive.

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5. Constituent Functions
It is the legislature which has the power to amend the constitution. For this purpose legislature
has to pass special laws, called amendments, in accordance with the procedure laid down in the
Constitution.
6. Electoral Functions
A legislature usually performs some electoral functions. The houses of the Parliament elect the
President all elected MPs.
Additional some functions are below included
1. Law making
2. Formulation of constitution
3. Amendment of constitution
4. To explain & interpret the constitution
5. Guardian of national fund
6. Perform executive function
7. Perform judicial function
8. To keep control on executive department
9. To perform election related function
10. To form public opinion
11. To criticize the executive department
12. To investigate different national issue
13. To take action on different political crisis
14. To grab public sentiment
15. To ensure political participation to all
Influence of legislature
Regarding appointment of persons to subordinate courts, Article 115 of the constitution of
Bangladesh says, “In the judicial service or as magistrate exercising judicial functions shall be
made by the President in accordance with rules made by him in that behalf."
It is important to mention that this Article 115 is substituted for the original article 115 by the
Constitution (4th Amendment) Act.1975 (Act 2 of 1975). In original Article 115 stated that the
President would make the appointment but in case of direct judges the appointment would be

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made by the recommendation of the Supreme Court and in case of other judges in accordance
with rules made by the Precedent after consulting with the appropriate Public service
Commission and Supreme Court. To control and discipline the subordinate court, the Article
116 says," The control and discipline of the persons employed in the judicial service and
magistrates exercising judicial function shall vest in the President and shall be exercised by him
in consultation of Supreme Court."
However, in the original Article 116, the power of posting, promotion and grant of leave and
discipline of the persons employed in the judicial service and magistrates exercising judicial
function were given to the Supreme Court.
From the above, we can see that, legislatures gave the power to the President who is the part of
the executive. And in this way, legislatures influence the independence of judiciary.
Executive
It is the second administrative arms of government. In ancient times the executive used to make
the implement laws and it also awards punishment to the law breakers. It operates implements
and enforces all the law created by the legislative branch, from time to time by judiciary.
According to Dr. Garner “In a board and collective sense, the executive organs embraces the
aggregate or totally of all the functionaries the state that will has formulated and expressed in
terms of law.” The functions of the executive are not the same everywhere. The function of the
executive are depends on the government. In dictatorship, the functions of the executive are
different from those in democracy. Separation of judiciary from the Executive constitutional
articles 22.

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The following are the function of executive:
1. To run the Administration
Executive branch is the most important branch of government because executive members are
run the administration. To run the day to day administration in accordance with the policies, laws,
rules, regulations and decisions of the government is also the key responsibility of the
Bureaucracy. The political executive simply exercises guiding, controlling and supervising
functions.
2. To perform different public welfare related function
In this welfare state, government of a country takes care of its citizens from cradle to grave. It
has to perform different welfare related function like Social Safety Net Program, immunization,
vaccination, prevention of early marriage, providing scholarship for meritorious students to
stimulate them towards education. All the activities are performed by the executive organ of the
government.
3. To perform financial function
The civil servants play a vitally important role in financial administration. They advise the
political executive in respect of all financial planning, tax-structure, tax-administration and the
like. They collect taxes and settle disputes involving recovery of taxes. They play a vital role in
preparing the budget and taxation proposals. They carry out the function of granting of legally
sanctioned financial benefits, tax reliefs, subsidies and other concessions to the people.
4. To perform diplomatic function
It means the conduct of foreign relations. The executive appoints diplomatic representatives to
foreign states and receives representatives from them. Treaties and international conventions are
negotiated and concluded by the executive, often subject to the approval of one or both houses of
the legislature.
5. To act as adviser of Member of Parliament
One of the important functions of the executive branch is to advise the political executive. The
ministers receive all the information and advice regarding the functioning of their respective
departments from the civil servants. As amateurs, the ministers have little knowledge about the
functions of their departments. They, therefore, depend upon the advice of bureaucracy. As
qualified, experienced and expert civil servants working in all government departments, they
provide expert and professional advice and information to the ministers.

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6. To represent country before the foreign country
The Prime Minister needs to go abroad to deal with foreign about different issues for the
development of country in this age of globalization. So, here prime minister of one country
presents his country to other foreign country. It is obviously a greater responsibility of the
executive branch of the government as Prime Minister of a country belongs to executive branch.
Additional function of Executive branches are included below
1. To implement the public policy
2. To perform defense related function
3. To perform judicial function
4. To perform legislative function
5. To create a linkage between government & people
6. To perform different public welfare related function
7. To act ceremonial role
8. To demonstrate political leadership
9. Ordinance making power
Influence of executive
In many countries, executive referred to simply as the government. In Bangladesh, the party
which has the majority in the parliament runs the government and parliament members elects the
President.
Judiciary

Separation of judiciary from the Executive constitutional articles 22. It is an third important
administrative of organ government. It mainly award punishment for the violation of the laws,
while the laws are made by legislature & implemented by executive. Today in all democratic
countries the independence of judiciary is considered essential so that the fundamentals rights of

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the people are protected. That is why in democratic countries, judiciary is considered the
guardian of the freedom of the people and also of the constitution. A society without legislature
organs is conceivable and indeed, fully developed legislative organs did not make their
appearance in the life of the sate until modern times, but a civilized state without judicial organs
are hardly conceivable. Thus judiciary is essential. According to Dr. Garner “There is no better
test of excellence of a government than the efficiency of its judicial system for nothing more
nearly touches the welfare that he can rely on the certain and prompt administration justice”.
There will be wide spread injustice in the society if the judiciary is not appearing in the society.
Therefore, the judiciary is essential for maintaining peace and imparting justice and also for the
enjoyment of fundamentals rights.

The following re the function of the judiciary:
1. It interprets the laws
A number of cases are brought before the judges in whom the question of the interpretation of
the laws arises, because in such cases the laws not clear. Even such matters are brought before
them in which the laws are silent. In these cases or matters the judges give their decisions. Later,
these decisions are quoted in similar cases. In this way the courts expands the laws in an indirect
manner.
2. Protector of civil rights
People are given many rights by the state through the laws of the parliament. The courts protect
these rights.
3. Decides the cases
Many cases relating to the disputes between the citizens or between the government and the
citizens are brought before courts. The courts give their decisions on such disputes.
4. Custodian of fundamentals rights
In modern times many countries grant fundamentals rights to the people in the constitution. The
supreme courts there act as the custodian of these rights. It is the duty of courts to protect the

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rights of the government. Our high court and Supreme Court have many cases in which the
question of the violation of the fundamentals rights was involved.
5. Guardian of the constitution
If a law passed by the parliament violates the constitution that law shall be declared as void
because the custodian is the highest law of the land and it is the duty of the courts to protect it.
For the protection of the constitution, many laws have been declared illegal which violated any
law or any clause of the constitution.
6. Advisory
The judiciary branch acts as advisory body. The Supreme Court has been given the right in the
constitution to render advice on legal matters when asked for by the president.
Additional some functional are given below included
1. To interprets the laws
2. To Protector of civil rights
3. To interpret the constitution
4. To ensure justice to all
5. To formulate higher court and subordinate court
6. To appoint chief judge and other additional judge
7. To ensure the probation of lodging writ
8. To formulate speedy tribunal for special case
9. To adjudicate the disputes.
Function all the three organs of government legislative, executive, and judiciary is equally
important for the people of the society. Among them have an interrelationship about their
function, feature or something like that. This essay will be discussed about independence of
judiciary, judicial independence in Bangladesh constitution, influence of legislative and
executive on judicial system and its impact and importance of separation of judicial system.
Independence of judiciary
The dictionary meaning of ‘independence’ is ‘not subject to the control of any person, country,
free to act as one pleases; autonomous, not affected by other etc. However, this meaning of
independence is not applicable for the independence of judiciary. Judicial independence is
defined, as a Judiciary uninhibited by outside influences which may jeopardize the neutrality of
jurisdiction, which may include, but is not limited to, influence from another organ of the
government (functional and collective independence), from the media (personal independence),
or from the superior officers (internal independence) . Independence of judiciary truly means that
the judges are in a position to make justice in accordance with their promise of office and only in

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accordance with their own sense of justice without submitting to any kind of pressure or
influence from executive or legislative or from the parties themselves or from the superiors and
colleague. Independence of judiciary depends on some certain conditions like mode of
appointment of the judges, security of their tenure in the office and adequate remuneration and
privileges. Satisfactory implementation of these conditions enables the judiciary to perform its
due role in the society thus inviting public confidence in it.
Separation of judiciary and Bangladesh constitution
The article 22 of Bangladesh constitution utter that, the State shall ensures the separation of
judiciary from the executive organ of the state. However, as this article is not mandatory to
execute by the government, government does not execute this article. Moreover, by the
constitutional amendment, law maker of our country reduces the independence of the judicial
system. Besides this, the structure of the judicial system allows the executive branch of our
country to influence the judicial system.
Impact on legislature and executive on judicial system
In Bangladesh, generally President is elected by the ruling government and s/he make decision in
consultation with the Prime Minister. At the same time President, sometimes-in consultation with
the Chief Justice appoints the judges of the Supreme Court. As a result, while some Chief Justice
in the past has insisted on being consulted on these appointments, others were not so exacting,
leading to “Political" appointments by the party in power. A controversy was occurred just for a
political appointment was done by the previous government appoint a High Court judge who was
convicted to manipulate his LLB transcript. For this consequence, the judicial system lost its
credibility at that time.
According to Article 35(3) every person has the right of independent and impartial judgment.
Responsible for 80 percent of criminal cases, it is the magistrates who usually decide if the
accused is to be granted bail or prosecuted and typically has the power jail and individual for up
to seven years. The most notable executive interference’s in the lower judiciary come through
the appointment of judges and more importantly executive control over the magistrates. As he
knows that his posting, promotion and prospect depends on his pleasing the executive head, he
will generally tries not give any judgment against his boss though he knows that second party is
not getting the impartial judgment. This kind of inequality in justice also has a bad impact on
economy. Article 22 demand separation of judiciary from the executive. The Deputy
Commissioner has both executive power and judicial power. Therefore, influence of legislative
and executive interference in judicial system not only hampers the human rights according to the
constitution but also hampers the overall growth of a country.

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Importance of Separation of judiciary
From the above discussion, we can say that separation of judiciary is truly important for a
democratic country. The idea of “Separation of judiciary" is refers to a situation in which the
judicial branch of government acts as its own body frees from intervention and influences from
the other branches of Government particularly the executive. The separation of the judiciary
basically aims at ensuring independence of the judiciary. Once the judiciary becomes
institutionally as well as functionally independent, it is expected to be more effective in
protecting citizens’ rights and ensuring rule of law. An independent judiciary is expected to work
impartially and not under any undue influence from ministers, parliament members, political
leaders, media or any powerful person or association.
In most cases, judicial independence and separation of judiciary is executed by giving judges
long tenures, making them not easily removable, ensuring that their leave, adequate
remuneration, promotion, transfer and other conditions of service are adequately secured by law
and reiterating that decisions of those matters are not influenced by political or any other
unjustifiable interests.
The relationships among the three organs of the government are given
These three organs of the government are closely related to one another. The legislature makes
the law, the executive implements them and the judiciary interprets them and award s
punishments for the violation of the laws. In our country a parliamentary form of government has
been established. In a parliamentary form of government the judiciary and legislative are under
the control of executive. In our country the executive is responsible to the parliament and the
parliament can remove the executive by a non-confidence motion. It can also ask question and
supplementary question. The executive has also sufficient influence over the parliament because
the prime minister begins the leader of the majority party in the parliament. In modern times the
most important function of legislature law making. Ordinary bill can be introduced by the
members of the parliament and by the minister while money bills can be introduced only by the
minister in the lower house. The executive prepares bills and introduced them in the legislature.
The legislature can be majority vote accept or reject any bill. The members of the legislature or
the parliament enjoy full freedom of speech and also of criticism of the politics of the
government. The legislature has control over the budget of the executive and without its approval
the executive cannot spend even a single paisa. In parliamentary government the legislature or
the parliament exercises full control over the executive or council of minister. The parliament
has the right to ask question or supplementary question to the cabinet. In certain countries the
legislature has to perform certain judicial function. That’s way the three organs are related with
each other.

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Implementation of separation of power in Bangladesh
 First November 2007, Finally Bangladesh government’s declared formal separation of
power executive and judicial function separate from each other, It’s indicate that two
separate magistracies for judicial and executive function operate this two organ of the
government.
 The provision of separation of power of Bangladesh constitution provides the
independence of the judiciary. Constitutional article 22.
 In January 2007 government proclaim a gazette notification for separation of the
subordinate judiciary from executive force directed in 1999 by the Supreme Court.
 The November 1 ceremony create the improves of two new magistracies the district
judicial magistracy and the metropolitan magistracy 218 judicial magistrates where
appointed, while the judicial power of 170 administrative officials was withdrawn.
 The ground reality, in Bangladesh, is judiciary processes neither the financial resource
nor the power to extract the allegiance of the other organs of the state to the constitution
and implementation of it’s relates to the separation of the judiciary from the executive.
As such, in spite of public declarations and commitments to judicial separation from the
executive branch, political groups and the administration have mentioned the status.
 Thus the intentions of our constitution have not been carried through. Therefore, although
the judiciary is in the process of separation of power, the civil society and the political
class of Bangladesh should relentlessly pursue the issue until the constitutional dignity
and effectiveness of the supreme judiciary is full and credibly established.
 I argue that the current constitutional problems in Bangladesh are related to the luck of
separation of powers between executive and judicature.
Why the separation of power properly not implement in Bangladesh?
Judicial system of Bangladesh is burdened with huge case backlogs due to the system and
procedural reforms and improvements resulting in limited access to justice opportunity for the
vulnerable groups of people, strengthening the formal justice system and the rule of law is
priority for the Government of Bangladesh and the Supreme Court. There is also increasing
demand for improvements in the administration of timely affordable and equitable justice. So
the separation of power properly not implement in Bangladesh. That’s why:
The law commission of Bangladesh established the Ain commission Ain, 1996 (Act no XIX of
1996) pointed out some reasons for the delay in disposal of civil cases in our subordinate Courts
and provided some suggestions for improving the situation. The cases for the delay in disposal of
civil cases are-
 Abundant number of cases in the subordinate Courts.
 Absence of specialized Court.

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 Defects of procedural law.
 Lack of dutifulness of the judges.
 Lack of effective monitoring in the judicial system.
 Non-cooperation of the lawyer.
Which organ is most powerful in our country?

There have a large number of causes the executive branch is the most powerful & most important
branch of government. Some causes are given in bellows
1. The president chooses the heads of all executive departments and agencies, together with
hundreds of other high-ranking departments. However, are selected through the Civil
Service system, in which appointment and promotion are based on ability and
experience.
2. The executive branch is important to the government because it enforces our nation’s
laws and provides national security.
3. The executive is the organ exercising authority in and holding responsibility for the
governance of a state. The executive executes and enforces law.
4. In this context, the executive consists of a leader(s) of an office or multiple offices.
Specifically, the top leadership roles of the executive branch may include:
a) Head of state—often the supreme leader, the president or monarch, the chief
public representative and living symbol of national unity.
b) Head of government—often the de facto leader, prime minister, overseeing the
administration of all affairs of state.
c) Defense minister—overseeing the armed forces, determining military policy and
managing external safety.
d) Interior minister—overseeing the police forces, enforcing the law and managing
internal safety.
e) Foreign minister—overseeing the diplomatic service, determining foreign policy
and managing foreign relations.
f) Finance minister—overseeing the treasury, determining fiscal policy and
managing national budget.

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g) Justice Minister—overseeing criminal prosecutions, corrections, enforcement of
court orders.
In a presidential system, the leader of the executive is both the head of state and head of
government. In a parliamentary system, a cabinet minister responsible to the legislature is the
head of government, while the head of state is usually a largely ceremonial monarch or president.
5. When the president has the role of commander in chief he/she is given the power to use
force to back up our foreign policy. They are in charge of the army, navy, air force,
marines, and the coast guard. The top commanders of all of these branches of service are
subordinate to the president.
6. The president is also our economic leader. She/he deals with unemployment, rising
prices, high taxes and more. When voted into office the president is expected to care of
these issues. One key task the president must accomplish each year is to plan the
democratic government’s budget too.
7. Executive authorities to assist election commission, It shall be the duty of all executive
authorities to assist the election commission in the discharge of its functions.
Constitutional articles 126.
8. Within the executive branch itself, the president has broad powers to manage national
affairs and the workings of the democratic government.
9. He represents the government as a whole and sees to it that all laws are enforced by the
officials and employees of his department. He has control over the executive department,
bureaus and offices.
10. The president can issue rules, regulations and instructions called executive orders, which
have the binding force of law upon parliamentary form of government
11. In times of war or national emergency, the parliamentary form of government may grant
the president even broader powers to manage the national economy and protect the
security of the United States.
12. As head of the Executive Department, the President is the Chief Executive. This means
that he has the authority to assume directly the functions of the executive department,
bureau and office or interfere with the discretion of its officials.
Which organ is the most corrupted in our country?
Judicial department is the most corrupted department in our country. There are three organs of
government structure. Judicial department is one of them and most corrupted because this
department directly involve with the citizens. At the same time some people want to get a result
very quickly by using of bribe. As well as most of the lawyer and judges happy to get extra
money or interest in the perspective of today’s Bangladesh. Also reason that member of
executive department interfere to decision making of judicial department .Now a days we belong
to attach department in the name of separation department. If our country flow the Montesquieu
separation of power properly, corruption will reduce.

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Recommendation
For the independence of judiciary, some criteria have to be fulfilled. These are
 An independent judicial service commission.
 Independence of magistrate from the control of the executive.
 Implement all the article of constitution related to the independence of judiciary.
 Willingness of politicians regarding amendment of constitution which can hamper the
independence of judiciary.
 Amendment of constitutional article which are against the independence of judiciary.
Conclusion
Although complete independence of three organs of a government is impossible and hampers the
check and balance of the government, required level of independence, especially independence
of judiciary from legislative and executive, is important to maintain the constitutional right and
development for a democratic country. So we have to appreciate the separation of judiciary in
Bangladesh which is implemented in November 1, 2007 though it will take time to enjoy the full
benefit of this separation of judiciary.

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Reference:
A.T.M Obaidullah (1999); Bangladesh Public Administration.
Ali Ahmed (1998), Theory and practice of Bangladesh Constitution.
C.K Takwani (2001), Administrative Law and Ethics.
Mount, S.J.J(2003). “Rewriting the Constitution”
WWW.bangladesh.gov.bd.
Sarkar Ali Akkas, (2004), Independence and Accountability of Judiciary- A Critical Review,
CRIG: Dhaka.
M..A Fazal, (2001), Judicial Control of Administrative Action in India, Pakistan and Bangladesh,
3
rd
ed. Butterworths: New Delhi.