2014 Int'l Rev. L. 1 (2014)

handle is hein.journals/inrevla2014 and id is 1 raw text is: 

PhD Candidate & Sessional Academic,
Macquarie Law School, Macquarie
University, Australia
*Email: m-ehteshamul.bari@

Submitted: 21 February 2013
Accepted: 13 May 2013
@ 2014 Ehteshamu Bari, licensee
Bloomsbury Qatar Foundation
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The natural death of the Supreme

Judicial Commission of Bangladesh

and the consequent patronage

appointments to the Bench:

Advocating the establishment of an

Independent judicial Commission

M. Ehteshamul Bari*

In order to strengthen the constitutional process of appointment of judges in Superior Courts,
Bangladesh established a Supreme Judicial Commission in 2008 by promulgating an Ordinance.
This Ordinance was neither promulgated in pursuance of any provisions of the Constitution nor by
introducing any amendment to the provisions of the Constitution. The recommendations of the
Commission were not given binding force on the executive. The power of the executive to accept or
reject the candidates recommended by the Supreme Judicial Commission at his pleasure defeated the
very objective of establishing the Commission for appointing the most competent and suitable persons
as judges of the superior courts in Bangladesh. However, following the general elections held on
29 December 2008, the newly elected Government of Bangladesh Awami League dispensed with the
Supreme Judicial Commission by not placing the Supreme Judicial Commission Ordinance before
the parliament for its approval. This resulted in restoring the previous system of appointing judges on
the satisfaction of the executive, which has resulted in patronage appointments. Thus, the
establishment of an independent judicial commission in Bangladesh is an imperative necessity for
strengthening the independence and impartiality of the judiciary.

Keywords: substantive independence of the judiciary, Supreme Judicial Commission of Bangladesh,
patronage appointments

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