ISSN : 1997-1052 (Print)
2227-202X (Online)
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Appointment of Judges in the Higher Judiciary of Bangladesh-Legal Framework: Lessons from India and UK
Md. Milan Hosssain
Abstract

The paper has focused on the appointment procedures of judges in Bangladesh in comparison with the UK and India- with an aim to make a proposition upon the vacuum of a legal framework in detail regarding the appointment of judges in the higher judiciary of Bangladesh from the lessons of these two countries. The aim of such a study is also to analyze what procedures and criteria are followed in other countries, particularly in India and the UK, and what procedures should be followed in appointing a judge to the judiciary, particularly to the higher judiciary in Bangladesh is the matter of research. From the study, it is revealed that the governments of the UK and even India follow rigorously their established laws, processes, and practices to select the best candidate on the basis of merit and integrity for the purpose of appointment to the higher Judiciary; in doing so they cannot deviate from following any established procedures, rules and laws and practices; and therefore, they cannot select a candidate for their own interest which may affect the independence of the judiciary whereas in Bangladesh case the study has found a complete different scenario on the issue. Under this context, a proposal is drawn for a specific detailed law incorporating the provisions of the selection process, criteria, academic qualification, experiences, the establishment of higher judiciary appointment commission or committee, their functions and powers to ensure the independence of the Judiciary and the rule of law of the Country.

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