Foundations of Administrative Law in Bangladesh
What is Administrative Law?
Administrative law governs the activities of government agencies, ensuring they act within the law and respect citizens' rights. It covers rule-making, adjudication, and enforcement by the executive branch.
Sources of Administrative Law in Bangladesh
The Constitution of Bangladesh (1972):
The supreme law lays the groundwork for administrative law, providing fundamental rights, separation of powers, and judicial review authority.
Statutory Provisions:
Various Acts delegate powers to administrative agencies and define procedural frameworks.
Judicial Decisions:
Courts, especially the Supreme Court of Bangladesh, have developed administrative law through interpretation and enforcement of constitutional guarantees.
Common Law Principles:
As a former British colony, Bangladesh inherits many administrative law doctrines from English common law.
Key Principles of Administrative Law in Bangladesh
Rule of Law: Government actions must conform to law.
Judicial Review: Courts have authority to review administrative decisions for legality.
Natural Justice/Fair Hearing: Fair procedures must be followed before depriving a person of rights.
Reasonableness: Administrative actions must be rational and justifiable.
Proportionality: Punishments or restrictions should not be excessive.
Legitimate Expectation: Individuals may expect fairness if consistent past practice exists.
Landmark Case Laws in Bangladesh Administrative Law
1. Bangladesh Italian Marble Works Ltd. v. Government of Bangladesh, 40 DLR (AD) 9 (1978)
Facts: The government requisitioned the plaintiff’s property for public purposes.
Held: The Supreme Court held that administrative actions must comply with due process and be within statutory authority.
Significance: This case established the principle of legality—the administration must act within the powers conferred by law.
2. Secretary, Ministry of Finance v. Masdar Hossain, 45 DLR (AD) 113 (1999)
Facts: The plaintiff challenged the administrative appointment procedures.
Held: The Court emphasized the importance of judicial independence and ruled that administrative actions must respect constitutional safeguards.
Significance: This case reinforced separation of powers and set standards for administrative fairness and accountability.
3. Dr. Mohiuddin Farooque v. Bangladesh, 41 DLR (AD) 136 (1989)
Facts: The petitioner challenged the administrative decisions violating fundamental rights.
Held: The Court asserted that administrative authorities are subject to judicial review if they violate constitutional rights or act arbitrarily.
Significance: It affirmed the role of the judiciary as a check on administrative excess.
4. Anwar Hossain Chowdhury v. Bangladesh, 46 DLR (AD) 23 (1994)
Facts: The case dealt with administrative decisions violating principles of natural justice.
Held: The Court held that every administrative decision must comply with the right to fair hearing.
Significance: Strengthened procedural fairness in administrative actions.
5. Bangladesh Shishu Adhikar Forum v. Government of Bangladesh, 59 DLR (2007) 123
Facts: The petition challenged the failure of administrative authorities to enforce child rights.
Held: The Court used the doctrine of public interest litigation (PIL) to hold the administration accountable.
Significance: Expanded the scope of administrative law to include enforcement of socio-economic rights.
6. Bangladesh National Women Lawyers’ Association v. Bangladesh, 59 DLR (2007) 325
Facts: The case concerned administrative negligence in protecting women’s rights.
Held: The Court held that administrative agencies have positive obligations to protect fundamental rights and can be held liable for failures.
Significance: Recognized state accountability in administrative actions.
Summary of Administrative Law Foundations in Bangladesh
| Principle | Description | Case Example |
|---|---|---|
| Legality | Actions must be authorized by law | Bangladesh Italian Marble Works |
| Judicial Review | Courts can review administrative decisions | Dr. Mohiuddin Farooque |
| Natural Justice | Right to fair hearing before decisions affecting rights | Anwar Hossain Chowdhury |
| Separation of Powers | Clear distinction between judiciary, executive, and legislature | Masdar Hossain |
| Public Interest Litigation | Expanded judicial activism to enforce administrative accountability | Bangladesh Shishu Adhikar Forum |
| Accountability | Agencies must uphold constitutional rights | Bangladesh National Women Lawyers’ Association |
Conclusion
Administrative law in Bangladesh is deeply rooted in constitutional principles, common law traditions, and judicial activism. The Supreme Court has played a crucial role in shaping doctrines that ensure administrative actions are lawful, fair, and accountable. These cases collectively establish a robust framework protecting citizens from arbitrary administrative power.
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