Separation of Powers.

 

 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:

1. 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).
2. The Executive Branch (Executive):
• Function: Responsible for implementing, administering, and enforcing the laws passed by the legislature. This branch also formulates public policy and manages day-to-day governance.
• Examples: In Bangladesh, the Prime Minister and the Cabinet hold the real executive power, with the President being the ceremonial Head of State. In the USA, it's the President and their administration.
3. The Judicial Branch (Judiciary):
• Function: Responsible for interpreting the laws, applying them to specific cases, and resolving legal disputes. It ensures that laws are applied fairly and that the actions of the other two branches comply with the constitution.
• Examples: In Bangladesh, this includes the Supreme Court (comprising the Appellate Division and the High Court Division) and all subordinate courts.

Why is Separation of Powers Important?

• Prevents Tyranny: By distributing power among different branches, it becomes more difficult for any one branch to become too powerful and abuse its authority.
• Protects Liberty: It acts as a safeguard for individual rights and freedoms by preventing arbitrary rule and ensuring that government actions are subject to legal scrutiny.
• Promotes Accountability: Each branch is accountable for its specific functions, making it easier to identify and address shortcomings or abuses of power.
• Ensures Efficiency: By specializing in particular functions, each branch can develop expertise in its area, theoretically leading to more efficient governance.
• Checks and Balances: While distinct, the branches are not entirely isolated. Many systems incorporate "checks and balances," where each branch has certain powers to limit or oversee the actions of the others. For instance:
• The legislature can impeach members of the executive or judiciary.
• The executive can veto legislation passed by the legislature.
• The judiciary (through judicial review) can declare laws or executive actions unconstitutional.

Separation of Powers in Bangladesh:

Bangladesh, with its parliamentary form of government, generally adheres to the principle of separation of powers, though the degree of strict separation can vary in practice.

• Legislature (Jatiya Sangsad): Makes laws.
• Executive (Prime Minister and Cabinet): Implements laws.
• Judiciary (Supreme Court and subordinate courts): Interprets laws and adjudicates disputes.

Notably, Article 22 of the Constitution of Bangladesh explicitly states: "The State shall ensure the separation of the judiciary from the executive organs of the State." This constitutional directive has been a significant point of focus in Bangladesh's legal history, leading to landmark judgments (such as the Masdar Hossain case) that have worked towards strengthening the independence of the judiciary from the executive.

While a complete and absolute separation of powers is often considered impractical in any modern state (as functions can naturally overlap), the doctrine remains a cornerstone for promoting good governance, upholding the rule of law, and protecting the rights of citizens in Bangladesh and across democratic nations.