Md. Mohiuddin Khaled, Professor, Department of Law, University of Chittagong
ABSTRACT
The separation of the judiciary and its independence Has been ensured in the constitution of Bangladesh, but such independence was established only a few years back in 2007 through the famous Masdar Hossain case. Financial independence of the judiciary is not only a requirement but also a must for any state to ensure equity, justice and human rights. As the judiciary is considered the third pillar of the state in Bangladesh, a low financial Capacity would result in hindrances in the functional and administrative independence of the judiciary. This paper critically evaluates budgetary allocation for the judiciary, which has been consistently low for years. The paper also aims to argue the background, context and effects of not implementing the Masdar Hossain Case even after two decades of its pronouncement by the Appellate Division.
Keywords: Judicial Independence, Financial Autonomy, Separation of Judiciary, Masdar Hossain Case, Constitution.
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