The Judicial Service Regulation (Srinkhola) Bidhimala, 2017: Whether in Consonance with the Spirit of Judicial Independence Guaranteed under Constitution or not?

Abstract

This thesis analyses concept of judicial independence and judicial accountability with special reference to leading cases in the judiciary. The central issues of this thesis are to find out provisions of Judicial Service Regulation (Srinkhola) Bidhimala 2017 conflicts with judicial independence and accountability. The thesis examines the conditions of judicial independence and accountability in Bangladesh in comparison with general principles, and under the Constitution of Bangladesh. Firstly, it evaluates Independence of Judiciary as a concept in our constitution. Secondly, it gives a clear concept about absolute checks in balances. Thirdly, this thesis examines how subordinate judiciary was separated from the executive by the judgment of Masdar Hossain and how Judiciary was separated from legislative by the judgment of 16th Amendment Case. The thesis identifies the strengths and weaknesses of the Judicial Service Regulation (Srinkhola) Bidhimala 2017 regulation and their impacts on judicial independence. It proposes ways of preserving the strengths or remedying the weaknesses to improve the conditions of judicial independence and judicial accountability in Bangladesh. Lastly, in conclusion thesis emphasizes that proper measures should be taken to maintain judicial independence and at the same time, an adequate system of proper checks and balances should be established without undermining the independence of judges.