Judicial Accountability of Judges in Bangladesh

S.M. Enamul Hoque Moni

Abstract


The public depends on the judiciary to protect them from arbitrary use of governmental power and to determine legal disputes impartially. The main objective of this paper is to focus on the system of judicial accountability in Bangladesh. It seeks to identify the major flaws in the accountability system and to suggest measures for improvement of the system. In order to strengthen the confidence of the people, public participation should be ensured in the affairs of the judiciary. Discipline of judges is one of the important aspects in which such participation is necessary. In order to ensure justice free from illegality and corruption and to maintain high standards of conduct and propriety of judges, there should be an accessible system to make complaints against judges. Therefore, the power of judicial discipline should be vested in mechanisms which can resolve the tension between independence and accountability and can ‘promptly, effectively and fairly deal’ with the discipline of judges. It should be taken steps to establish the system of Ombudsman in accordance with the provision of the Constitution of Bangladesh for the judiciary.


Keywords


Judicial Accountability, Disciplinary Mechanisms, SJC and Ombudsman.

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