Principles of Judicial Independence

The concept of judicial independence includes four basic principles, which have been suggested and recognized through international efforts in this field. The following are the elaborated version of these four principles of judicial independence.

2)Substantive Independence

3)Internal Independence

4)Collective Independence

5)Conditions of Judicial Independence

6)Appointment of Judges

7)Tenure of Judges

8)Discipline of Judges

9)Adequate Remuneration and Privileges

10)Institutional Independence

The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.

The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason. Our Constitution is a safeguard of judicial independence in our country, as Article 22 of the Constitution says that, "The state shall ensure the separation of the judiciary from the executive organs of the State." Despite such provision, it is a matter of concern that judicial independence has been threatened by.

Independence of Judiciary 

Separation of judiciary as well as judicial independence in Bangladesh has come into force at a practical sense through the decision of the Masdar Hossain case [2] as discussed at previous chapter. Now it is the question how far the judicial independence is ensured in our country and which is the procedure. To seek the answer it is indispensable to clear some points about the judicial independence such as the inevitable principles, some conditions as well as the status of judicial independence in our country etc. This part of the paper will attempt to focus on these issues.

3.1. Principles of Judicial Independence

The concept of judicial independence includes four basic principles, which have been suggested and recognized through international efforts in this field. The following are the elaborated version of these four principles of judicial independence.

2)Substantive Independence

3)Internal Independence

4)Collective Independence

5)Conditions of Judicial Independence

6)Appointment of Judges

7)Tenure of Judges

8)Discipline of Judges

9)Adequate Remuneration and Privileges

10)Institutional Independence

The independence of the judiciary is a crucial aspect of a functioning democracy and the rule of law. In the context of Bangladesh, there have been debates and discussions about the independence of the judiciary, with some concerns raised regarding its practical implementation.

The Constitution of Bangladesh guarantees the independence of the judiciary as a fundamental principle. It provides for the separation of powers, with the judiciary being a distinct and independent branch of government. It grants the Supreme Court the authority to interpret the Constitution

The independence of the judiciary is a crucial aspect of a functioning democracy and the rule of law. In the context of Bangladesh, there have been debates and discussions about the independence of the judiciary, with some concerns raised regarding its practical implementation.

The Constitution of Bangladesh guarantees the independence of the judiciary as a fundamental principle. It provides for the separation of powers, with the judiciary being a distinct and independent branch of government. It grants the Supreme Court the authority to interpret the Constitution and exercise judicial review over legislative and executive actions.

Independence of the judiciary

1. The independence of the judiciary shall be guaranteed by the State and enshrined in the Constitution or the law of the country. It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary.

2. The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.

3. The judiciary shall have jurisdiction over all issues of a judicial nature and shall have exclusive authority to decide whether an issue submitted for its decision is within its competence as defined by law.

4. There shall not be any inappropriate or unwarranted interference with the judicial process, nor shall judicial decisions by the courts be subject to revision. This principle is without prejudice to judicial review or to mitigation or commutation by competent authorities of sentences imposed by the judiciary, in accordance with the law.

5. Everyone shall have the right to be tried by ordinary courts or tribunals using established legal procedures. Tribunals that do not use the duly established procedures of the legal process shall not be created to displace the jurisdiction belonging to the ordinary courts or judicial tribunals.

6. The principle of the independence of the judiciary entitles and requires the judiciary to ensure that judicial proceedings are conducted fairly and that the rights of the parties are respected.

7. It is the duty of each Member State to provide adequate resources to enable the judiciary to properly perform its functions.

The independence of the judiciary is a crucial aspect of a functioning democracy and the rule of law. In the context of Bangladesh, there have been debates and discussions about the independence of the judiciary, with some concerns raised regarding its practical implementation.

The Constitution of Bangladesh guarantees the independence of the judiciary as a fundamental principle. It provides for the separation of powers, with the judiciary being a distinct and independent branch of government. It grants the Supreme Court the authority to interpret the Constitution and exercise judicial review over legislative and executive actions.

The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.

The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.

The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.

Independence of the Judiciary means that every judge can independently make decisions to resolve a case brought before his/her court, fairly and impartially, free of any undue interference from any external party, including from other judges, regardless of their authority, whether institutions or persons. It also means that the financial and administrative independence of the whole judicial body must to be protected and promoted by an independent Judicial Supreme Council, without interference from any other person or institution.

Independence of the Judiciary means that every judge can independently make decisions to resolve a case brought before his/her court, fairly and impartially, free of any undue interference from any external party, including from other judges, regardless of their authority, whether institutions or persons. It also means that the financial and administrative independence of the whole judicial body must to be protected and promoted by an independent Judicial Supreme Council, without interference from any other person or institution.

The independence of the judiciary is a crucial aspect of a functioning democracy and the rule of law. In the context of Bangladesh, there have been debates and discussions about the independence of the judiciary, with some concerns raised regarding its practical implementation.

The Constitution of Bangladesh guarantees the independence of the judiciary as a fundamental principle. It provides for the separation of powers, with the judiciary being a distinct and independent branch of government. It grants the Supreme Court the authority to interpret the Constitution and exercise judicial review over legislative and executive actions.

However, in practice, there have been concerns raised by various stakeholders about the level of independence of the judiciary in Bangladesh. Some issues and challenges that have been highlighted include:

1. Executive Influence: Critics argue that the executive branch has exerted influence over the judiciary, potentially compromising its independence. Allegations of political interference, appointments and transfers of judges based on political considerations, and executive control over administrative matters have been raised.

2. Delay in Justice: There have been concerns about the backlog of cases and delays in the disposal of cases in the judicial system. This can undermine public trust and confidence in the judiciary.

3. Accountability and Transparency: Ensuring accountability and transparency within the judiciary is essential for maintaining its independence. Some observers have called for greater transparency in the appointment, promotion, and disciplinary processes of judges.

4. Resource Constraints: Adequate resources, including infrastructure, personnel, and funding, are crucial for the effective functioning of the judiciary. Resource constraints can impact the efficiency and independence of the judiciary.

The importance of an independent judiciary is not less but all the greater when judges have to serve under an all-powerful parliament dominated by a party cabinet, and concentrating all the powers and more than all powers of the executive and legislature combined in one coherent complex.” -Lord Hailsham 
The Judicial independence is a cornerstone of the rule of law. The doctrine of due process of law is also based on judicial independence. From time immemorial, the judicial system of Bangladesh has not been completely independent from the interference of the executive branch of the government.

Secretary, Ministry of Finance v Masdar Hossain (1999) 52 DLR (AD) 82 is a case of the Appellate Division of the Supreme Court of Bangladesh. The case concerned the separation of powers in Bangladesh. It is popularly known as the Masdar Hossain case.^[1]

The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.

Secretary, Ministry of Finance v Masdar Hossain (1999) 52 DLR (AD) 82 is a case of the Appellate Division of the Supreme Court of Bangladesh. The case concerned the separation of powers in Bangladesh. It is popularly known as the Masdar Hossain case.^[1]

The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.

The importance of an independent judiciary is not less but all the greater when judges have to serve under an all-powerful parliament dominated by a party cabinet, and concentrating all the powers and more than all powers of the executive and legislature combined in one coherent complex.” -Lord Hailsham 
The Judicial independence is a cornerstone of the rule of law. The doctrine of due process of law is also based on judicial independence. From time immemorial, the judicial system of Bangladesh has not been completely independent from the interference of the executive branch of the government.

The importance of an independent judiciary is not less but all the greater when judges have to serve under an all-powerful parliament dominated by a party cabinet, and concentrating all the powers and more than all powers of the executive and legislature combined in one coherent complex.” -Lord Hailsham 
The Judicial independence is a cornerstone of the rule of law. The doctrine of due process of law is also based on judicial independence. From time immemorial, the judicial system of Bangladesh has not been completely independent from the interference of the executive branch of the government.

The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.

Secretary, Ministry of Finance v Masdar Hossain (1999) 52 DLR (AD) 82 is a case of the Appellate Division of the Supreme Court of Bangladesh. The case concerned the separation of powers in Bangladesh. It is popularly known as the Masdar Hossain case.^[1]

The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason

Name: Santa Akter

ID:221-26-477

The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.

“The importance of an independent judiciary is not less but all the greater when judges have to serve under an all-powerful parliament dominated by a party cabinet, and concentrating all the powers and more than all powers of the executive and legislature combined in one coherent complex.” -Lord Hailsham 
The Judicial independence is a cornerstone of the rule of law. The doctrine of due process of law is also based on judicial independence. From time immemorial, the judicial system of Bangladesh has not been completely independent from the interference of the executive branch of the government.

The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.

The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.

Equality before the law.No man is above the law.

Thomas fuller had a quoted that, Be you ever so high, the law is above you.

The first aspect indicate that no man is punishable or can be lawfully made to suffer in body or deprived of their goods unless they had voilated the law which has been established in an ordinary way and applied by an ordinary court. 

The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.

The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.

The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason. Our Constitution is a safeguard of judicial independence in our country, as Article 22 of the Constitution says that, "The state shall ensure the separation of the judiciary from the executive organs of the State."

The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats, or interferences, direct or indirect, from any quarter or for any reason. Our Constitution safeguards judicial independence in our country, as Article 22 of the Constitution says, "The state shall ensure the separation of the judiciary from the executive organs of the State." Despite such provision, it is a matter of concern that judicial independence has been threatened by.

The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason. Our Constitution is a safeguard of judicial independence in our country, as Article 22 of the Constitution says that, "The state shall ensure the separation of the judiciary from the executive organs of the State." Despite such provision, it is a matter of concern that judicial independence has been threatened by.

Independence of the Judiciary means that every judge can independently make decisions to resolve a case brought before his/her court, fairly and impartially, free of any undue interference from any external party, including from other judges, regardless of their authority, whether institutions or persons. It also means that the financial and administrative independence of the whole judicial body must to be protected and promoted by an independent Judicial Supreme Council, without interference from any other person or institution.

The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.

 The Masder Hossen case is significant because it reaffirmed the principle of separation of powers and the role of the judiciary in upholding the Constitution and the rule of law. It also clarified the extent to which the judiciary can interfere with the actions of the other branches of government, providing guidance for future cases.

The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.

The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.

The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.

The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason. Our Constitution is a safeguard of judicial independence in our country, as Article 22 of the Constitution says that, "The state shall ensure the separation of the judiciary from the executive organs of the State." Despite such provision, it is a matter of concern that judicial independence has been threatened by.

The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.

The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason. Our Constitution is a safeguard of judicial independence in our country, as Article 22 of the Constitution says that, "The state shall ensure the separation of the judiciary from the executive organs of the State." Despite such provision, it is a matter of concern that judicial independence has been threatened by.

The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.

The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.

The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.

The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.

The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.

The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.

The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.

The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.