Supreme Court of Bangladesh is the highest court of law in the country. It is composed of the High Court Division and the Appellate Division, and was established by Part VI, Chapter I (Article 94) of the Constitution of Bangladesh, adopted in 1972. This is also the office of the chief justice, Appellate Division judges, and High Court Division judges of Bangladesh. As of August 2024, the Appellate Division consists of 6 judges, while the High Court Division has 78 judges (76 are permanent and 2 are additional).
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👉 Supreme Court of Bangladesh in the context of Government of Bangladesh
The government of the People's Republic of Bangladesh was constituted by the Constitution of Bangladesh comprising the executive (the president, prime minister and cabinet), the legislature (the Jatiya Sangsad), and the judiciary (the Supreme Court). Bangladesh is a unitary state and the central government has the authority to govern over the entirety of the nation. The seat of the government is located in Dhaka, the capital of Bangladesh.
The executive government is led by the prime minister, who selects all the remaining ministers. The prime minister and the other most senior ministers belong to the supreme decision-making committee, known as the Cabinet. After the Resignation of Sheikh Hasina in August 2024, the current Interim government is led by Muhammad Yunus as chief adviser.
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Supreme Court of Bangladesh in the context of Law of Bangladesh
Bangladesh is a common law country, with its legal system inherited from the British during their colonial rule over British India. The region now known as Bangladesh was referred to as Bengal during both the British and Mughal periods, and by other names in earlier times. While religious and political institutions existed from ancient times, the Mughals were the first to recognise and formalize them through state mechanisms. The Charter of 1726, granted by King George I, authorised the East India Company to establish Mayor's Courts in Madras, Bombay and Calcutta and is recognised as the first codified law for the British India. As a part of the then British India, it was the first codified law for the then Bengal too. Since independence in 1971, statutory law enacted by the Parliament of Bangladesh has been the primary form of legislation. Judge-made law continues to be significant in areas such as constitutional law. Unlike in other common law countries, the Supreme Court of Bangladesh has the power to not only interpret laws made by the parliament, but to also declare them null and void and to enforce fundamental rights of the citizens. The Bangladesh Code includes a compilation of all laws since 1836. The vast majority of Bangladeshi laws are in English. But most laws adopted after 1987 are in Bengali. Family law is intertwined with religious law. Bangladesh has significant international law obligations.
During periods of martial law in the 1970s and 1980s, proclamations and ordinances were issued as laws. In 2010, the Supreme Court declared that martial law was illegal, which led to a re-enactment of some laws by parliament. A Right to Information Act has been enacted. Several of Bangladesh's laws are controversial, archaic or in violation of the country's own constitution. They include the country's prostitution law, special powers act, blasphemy law, sedition law, internet regulation law, NGO law, media regulation law, military justice and aspects of its property law. Many colonial laws require modernization.