Nazmul Hasan

  The Doctrine of Basic Structure. The Doctrine of Basic Structure is a landmark concept in constitutional law, particularly prominent in the jurisprudence of India and, by extension, countries like Bangladesh. It asserts that a constitution has certain fundamental features or core principles that are so essential to its identity and spirit that they cannot be altered, amended, or destroyed by the legislature, even through its constituent (amendment) power. Origin and Evolution (Primarily in India): The doctrine originated and evolved through a series of landmark judgments of the Supreme Court of India: Shankari Prasad v. Union of India (1951) & Sajjan Singh v. State of Rajasthan (1965): Initially, the Indian Supreme Court held that Parliament's power to amend the Constitution under Article 368 was absolute and could extend to any part of the Constitution, including fundamental rights. Golaknath v. State of Punjab (1967): This case marked...

  Independence of the Judiciary The Independence of the Judiciary is a cornerstone of the rule of law and a democratic society. It refers to the principle that the judicial branch of government should be able to exercise its functions free from improper influence, pressure, or control from other branches of government (the executive and legislature), political parties, private interests, the media, or even internal hierarchical pressures within the judiciary itself. In simpler terms, it means that judges should be able to make decisions based solely on the law and the facts presented in a case, without fear of reprisal, favor, or external manipulation. Key Aspects of Judicial Independence: Substantive (Decisional) Independence: This is the most crucial aspect, meaning that judges must be free to arrive at their decisions without submitting to any outside pressure. Their judgments should reflect their honest interpretation and application of the law,...

            The Doctrine of Checks and Balances The Doctrine of Checks and Balances is an essential complement to the Separation of Powers . While the separation of powers divides governmental authority into distinct branches (legislative, executive, judicial), the doctrine of checks and balances ensures that these separate branches are not entirely independent and that each branch has certain powers to limit, restrain, or oversee the actions of the others. The core idea is to prevent any one branch from accumulating too much power or acting arbitrarily, thereby safeguarding liberty and promoting accountability. It's a system of mutual restraints designed to maintain equilibrium within the government. Key Principles of Checks and Balances: Mutual Oversight: Each branch has the ability to monitor and influence the actions of the other branches. Prevention of Abuse of Power: By requiring cooperation or agreement for certain significa...

    Separation of Powers The Separation of Powers is a fundamental principle of governance that divides the powers of a state into distinct branches, each with its own independent responsibilities and functions. The primary goal of this division is to prevent the concentration of power in any single individual or body, thereby safeguarding liberty and preventing tyranny. Inspired by thinkers like Montesquieu, most modern democratic systems, including Bangladesh, generally divide governmental powers into three main branches: The Legislative Branch (Legislature): Function: Primarily responsible for making laws. This involves debating, drafting, and enacting legislation. Examples: In Bangladesh, this is the Jatiya Sangsad (Parliament) . In other systems, it might be called Congress (USA) or Parliament (UK). The Executive Branch (Executive): Function: Responsible for implementing, administering, and enforcing the laws ...

  Judicial Review Judicial review is a crucial power of the judiciary that allows courts to examine the actions of the legislative, executive, and administrative branches of government to determine if those actions are lawful and consistent with a higher authority, most often the country's constitution. Here's a breakdown of what that means: ·          Review of Government Actions: It's a process where judges review decisions or actions made by public bodies. This includes: o     Laws passed by the legislature: Courts can decide if a law enacted by Parliament (or Congress in other systems) violates the constitution. o     Actions of the executive branch: This involves decisions made by the government, ministers, or administrative agencies. o     Administrative decisions: Decisions made by various public authorities (e.g., local councils, regulatory bodies, health authorities). · ...