Current Political Dynamics and Challenges to Judicial Independence in Bangladesh.

Abstract

The creation of a culture of judicial independence is of central significance for both national domestic legal system as well as for the international courts and tribunals. Judicial independence is one of the fundamental values which lie at the foundations of most judicial systems. Each of the values allows the court to fulfil their main function which is the resolution of dispute. Bangladesh is a parliamentary democracy and a secular country. Though Bangladesh is in a relatively stable period in terms of politics and security, but the country is still facing challenges in the judicial system and the rule of law. This is partly due to the confrontational politics practiced by the two main political parties over decades, reflecting longstanding personal enmity between the leaders of Awami League and Bangladesh Nationalist Party. On October 16, student leaders’ protests calling for the resignation of 12 pro-Awami League judges were a disappointing development. In this context, the current Chief Justice of Bangladesh has taken steps to remove the judges by pressuring the judicial system through protests on court grounds. However, this approach does not demonstrate the appropriate respect for the judiciary. The Chief Justice has, at least, avoided violating proper procedures in removing these judges.