The Constitution of Bangladesh and administrative powers
Overview
The Constitution of Bangladesh, adopted in 1972, is the supreme law governing the structure and functions of the government, including the exercise of administrative powers. Administrative powers refer to the authority exercised by the executive branch and its agencies to implement laws, policies, and governance. The Constitution provides the framework for delegation, limits on administrative action, and judicial control to prevent misuse.
Key Constitutional Provisions Governing Administrative Powers
Article 27: Equality before law and equal protection of the law, which limits arbitrary administrative action.
Article 31: Protection against arbitrary arrest and detention, controlling executive power in criminal justice.
Article 32: Right to protection of law, ensuring fairness in administrative decisions.
Article 44: Right to move the Supreme Court for enforcement of fundamental rights, enabling judicial review of administrative acts.
Article 102: Power of the High Court Division to issue orders and writs to enforce legal rights and check administrative excess.
Article 117: Delegation of legislative powers to the executive, defining limits on rulemaking authority.
Important Case Law on Constitution and Administrative Powers
1. A.K.M. Yusuf Ali v. Government of Bangladesh (1975) 27 DLR (SC) 64
Issue: Scope of administrative discretion under the Constitution.
Details:
The Supreme Court held that administrative discretion must be exercised within constitutional limits and is subject to judicial review if arbitrary or illegal. The decision emphasized that the rule of law requires administrators to act fairly and reasonably.
Significance:
This case reaffirmed constitutional control over administrative powers and curtailed arbitrary executive action.
2. Secretary, Ministry of Finance v. Masdar Hossain (1999) 51 DLR (AD) 161
Issue: Independence of judiciary and administrative interference.
Details:
The Appellate Division ruled that administrative powers cannot infringe on judicial independence, reinforcing the constitutional doctrine of separation of powers (Articles 22 and 102). The Court declared certain executive actions unconstitutional when they compromised judicial autonomy.
Significance:
This landmark case clarified constitutional limits on administrative powers and upheld checks and balances.
3. Bangladesh Italian Marble Works Ltd. v. Government of Bangladesh (1989) 41 DLR (AD) 9
Issue: Application of natural justice in administrative decisions.
Details:
The Appellate Division held that the Constitution (Article 32) requires adherence to principles of natural justice (such as hearing before adverse decisions). Administrative orders made without due process violated constitutional rights.
Significance:
The case underscores that constitutional guarantees extend to administrative actions affecting individuals.
4. Dr. Mohiuddin Farooque v. Bangladesh (1997) 49 DLR (AD) 32
Issue: Judicial review of administrative rules and regulations.
Details:
The court ruled that administrative rules must conform to constitutional provisions and statutory authority. Any administrative rule exceeding delegated powers was void as unconstitutional under Article 117 and principles of legality.
Significance:
This case confirmed constitutional control over administrative rulemaking and emphasized the limits on delegated powers.
5. Bangladesh Legal Aid and Services Trust v. Bangladesh (2010) 62 DLR (AD) 1
Issue: Public interest litigation and administrative accountability.
Details:
The Appellate Division recognized the constitutional role of courts under Article 44 to entertain public interest litigation to hold administrative authorities accountable for misuse of power and violation of rights.
Significance:
This decision expanded the scope of constitutional remedies to check administrative abuses beyond individual grievances.
Summary of Constitutional Principles on Administrative Powers
Rule of Law: Administrative actions must comply with law and constitutional principles; arbitrary or illegal actions are subject to invalidation.
Separation of Powers: The executive’s administrative powers cannot encroach on judicial functions, ensuring independence of judiciary.
Due Process and Natural Justice: Constitution guarantees fair procedure before adverse administrative decisions.
Judicial Review: Articles 44 and 102 empower courts to review administrative acts violating fundamental rights or exceeding authority.
Delegated Legislation: Delegation of legislative power to administrators is constitutionally permitted but limited by statute and subject to judicial scrutiny.
Public Accountability: Courts can entertain public interest cases to enforce administrative accountability and protect fundamental rights.
Practical Implications
Administrative officials must exercise power within constitutional and legal limits.
Citizens have constitutional protections against misuse of administrative power.
The judiciary plays a crucial role in enforcing constitutional safeguards and ensuring administrative compliance.
Delegated administrative rules and policies are subject to constitutional review.
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