Bangladesh Law Commission is an independent body, set up through an act passed in the national parliament that reviews laws and recommends reforms when necessary in Bangladesh and is located in Dhaka, Bangladesh.[1][2] Former chief justice A. B. M. Khairul Haque is the present chairman of the commission.
The Government felt it necessary to make the Commission a permanent one under a regular statute.There has a number of temporary law commissions in the history of Bangladesh, the first one being set up in 1974. On 9 September 1996 the first permanent law commission was constituted. The first chairman of the commission was Fazle Kaderi Mohammad Abdul Munim, a former chief justice of Bangladesh. In 2016 it drafted the Liberation War Denial Crimes Act, 2016 which made denying war crimes in the Bangladesh Liberation war a crime.
Steps were taken and the Law Commission Bill of 1996 was passed by the Parliament. Upon receipt of assent of the Hon’ble President on September 9, 1996 it became an Act of Parliament (The Law Commission Act 1996 Act no. XIX of 1996). Thus the former temporary Law Reform Commission stood converted into a permanent Law Commission. After the establishment of permanent Law Commission Mr. Justice Amin-Ur-Rahman Khan was appointed another Member of the Commission on September 22, 1996. While being Member of the Commission Mr. Justice Amin-Ur-Rahman died and after his death Professor Shah Alam, Dean of the Law Faculty of the University of Chittagong was appointed Member of the Commission. The first Chairman of the Law Commission although was appointed for three years but prior to expiry of his tenure he tendered his resignation and then another former Chief Justice of Bangladesh Mr. Justice Kemal Uddin Hossain was appointed the Chairman of the Commission for three-year-term. Professor Shah Alam, prior to completion of his term tendered resignation and some time after his resignation Mr. Justice B. B. Roy Choudhury was appointed the Member of the Law Commission. The former Chief Justice of Bangladesh Mr. Justice A.T.M. Afzal was appointed the Chairman of the Commission on August 1, 2001 for the next three years. Member of the Law Commission Justice B.B. Roy Choudhury on being appointed Advisor of the Non Party Caretaker Government of 2001 tendered his resignation and in his place on August 9, 2001, Mr. Justice A.K.M. Sadeque was appointed the Member of the Commission. Mr. Justice Md. Shirajul Islam, former justice of High Court was appointed another member of the commission on 19 February, 2004 in place of Mr. Justice Naimuddin Ahmed. Mr. Justice A.T.M. Afzal has completed his three years tenure as chairman and immediately after that Mr. Justice Md. Shirajul Islam took over the charge of the chairman. On 29 November, 2004 Mr. Justice Mostafa Kamal the former Chief Justice of Bangladesh was appointed the Chairman of the Commission. After the expiry of the tenure of the member Mr. Justice A.K.M. Sadeque the former Inspector Jeneral of Police Mr. Dr. M. Enamul Haq was taken as the member of the commission 29 November, 2004. The term of the other member Mr. Justice Md. Shirajul Islam was extended for one year more which was end up on 21 February, 2008. His tenure was further extended for one year with effect from 9 March 2008. Mr. Sunil Chandra Paul Former District Judge Joined on 25 may 2009 as Member of Law Commission for 3 Years. Another Member Professor Dr. M. Shah Alam Joined on 24 June 2009. Mr. Justice Motafa kamal’s tenure as the Chairman of the Commission ended on 05 December 2007 and Mr. Justice Mohmmad Abdur Rashid Former Judge of The High Court Division of the Supreme Court of Bangladesh Appointed as the Chairman of the Commission for 3 years and joined on 21 April, 2009.
Composition of the Law Commission
As per section 5 of the Law Commission Act, 1996, the Commission consists of a Chairman and two Members. Under the law the Government has got the power to increase the number of its Members, if it deems necessary. The Chairman and Members of the Commission hold their respective offices for a term of three years from the date of their respective appointments. The Chairman or a Member may be re appointed by the Government for the prescribed term after the expiry of the said term. From the very beginning the Chairman of the Commission has been appointed from amongst the retired Chief Justices of Bangladesh(present chairman of Bangladesh Law commission is Mr. Justice Mohammad Abdur Rashid) and Members have been appointed from retired judges of Supreme Court of Bangladesh except on one occasion on which a Member was appointed from amongst legal academics. Very recently another Member from the legal academics is appointed in the Commission. The Commission is presently supported by a Secretary, one Principle Research Officer, three Senior Research Officers and one Senior Assistant Secretary. There are also some Ministerial Staff to support administrative works of the Commission.
Posted by bdmw in Local News on 09 7th, 2009 | no responses . BDMW President – Advocate Rabindra Ghosh along with his colleagues met with Mr. Justice Md. Abdur Rashid – Chairman Law Commission of Bangladesh on 3rd of September, 2009 at his Office-Dhaka Bangladesh: –
A delegation led by Advocate Rabindra Ghosh of BDMW consisting 8 (eight) members met with the Hon’ble Chairman of Bangladesh Law Commission Mr. Justice Md. Abdur Rashid and his associates on some important Agenda with a recommendation to enact appropriate laws for Minorities: The delegation consists of:
- Advocate Rabindra Ghosh
- Advocate Monoranjan Das
- Advocate Jagadish Chandra Sarkar
- Advocate Govinda Chandra Pramanik
- Advocate Pranoy Kanti Roy
- Advocate Palash Kanti Dey
- Kushal Baran Chakravorty and
- Ms. Monoranjan Das
The following agenda was discussed with recommendation for enactment of law:-
- a) Repeal of Enemy (Vested) Property Law.
- b) Advantage and Disadvantage of Amendment of Hindu Inheritance Law.
- c) Present trend of atrocities against Minorities of Bangladesh,
- d) Reservation of Minority quota for each government organizations.
- e) Human Rights Commission for Minorities of Bangladesh.
- f) Separate Electorate for the Minorities of Bangladesh.
The discussion with the Hon’ble Chairman of Law Commission of Bangladesh was fruitful and amiable. The law Commission Chairman assued us that no law will be framed and amended without consultation with Minority Communities of Bangladesh.
The Chairman laong with his colleagues Mr. Sunil Chandra Paul-Member Law Commissin of Bangladesh, Dr. Saha Alam- Professor of Law – Chittagong University and Assistant Secretary of Law – Mr. Mahabubur Rahman were present on the occasion.
Present Strength of the Commission :
Sl. No. Post Number of Post Persons Working
1 Chairman 1 (one) 1 (one)
2 Member 2 (Two) 2 (Two)
3 Secretary 1 (one) 1 (one)
4 Programmer 1 (one) 0 (Zero)
5 Personal Secretary 1 (one) 0 (Zero)
6 Assistant Secretary 1 (one) 1 (one)
7 Principal Research Officer 1 (one) 1 (one)
8 Senior Research Officer 3 (Three) 3 (Three)
9 Legislative Draftsman 1 (one) 0 (Zero)
10 Stenographer 3 (Three) 3 (Three)
11 Computer Operator 3 (Three) 2 (Two)
12 Accountant 1 (one) 1 (one)
13 UDA 1 (one) 1 (one)
14 LDA 2 (Two) 1 (one)
15 Photocopier and Gestatner Operator 1 (one) 1 (one)
16 Driver 4 (four) 4 (four)
17 MLSS 6 (six) 5 (five)
18 Night Guard 2 (two) 2 (two)
19 Sweeper 1 (one) 0 (zero)
Total 43 (forty three) 34 (Thirty four)
Proposed Strength of the Commission:
Sl. No. Post Number
1 Chairman 1 (one)
2 Member 2 (two)
3 Secretary 1 (one)
4 Principal Research Officer 1 (one)
5 Senior Research Officer 3 (three)
6 Legislative Draftsman
7 Programmer
8 Assistant Secretary/ Senior Assistant Secretary
9 Personal Secretary
10 Translation Officer
11 Stenographer
12 Accountant
13 UDA
14 Steno typist/Computer Operator
15 LDA
16 Photocopier and Gestatener Operator
17 Driver
18 Dispatch Rider
19 MLSS
20 Night Guard
21 Sweeper
Total 48 (forty eight)
Functions of the Law Commission
The functions of the Commission have been described in Section 6 of the Act. Under the Section the functions of the Commission will be as follows:
To identify the causes of delay of civil and criminal cases in various courts and with a view to accelerate their disposal and ensure justice as quickly as possible:
(1) To recommend amendment of laws concerned or enactment appropriate cases after examination;
(2) To recommend necessary reforms in order to modernize the judicial system;
(3) To recommend training and other measures for the improvement of the efficiency of the persons involved with the judicial system such as judicial officers, staff, law offers and lawyers,
(4) To recommend necessary measures for improvement of the entire judicial system and specially to prevent the abuse of the application of the laws concerned:
(5) To recommend modernization of different aspects of court management, such as, distribution of works among judges, supply of copies, transmission and preservation of records, service of notices and other relevant matters;
(a) To recommend, an acceptable measure regarding the feasibility of introducing a more efficient and accountable system in place of the present system for conducting the various government cases properly and establishing a separate investigating agency for the investigation of the criminal cases;
(b) Keeping in mind the attraction of domestic and foreign investment and necessity of free market economy-
(1) To recommend amendment of relevant laws including company law or legislation of new law in appropriate cases in order to create competitive atmosphere in the field of trade and industry and to avoid monopoly;
(2) To recommend, after examination, measures with regard to relevant laws especially copyright, trademarks, patents, arbitration, contract, registration and similar other matters;
(3) To recommend necessary measures for the establishment of separate courts for disposal of cases arising out of commercial and bank loan matters;
(c) To recommend necessary and timely amendments and reforms of the existing electoral laws administered by the Bangladesh Election Commission;
(d) To recommend, after examination, necessary reforms of the existing laws and enactment of new laws in appropriate cases, in order to safeguard the rights of women and children and prevent repression of women;
(e) To recommend reforms of existing laws, enactment of new laws in appropriate cases and taking of other acceptable measures for the proper implementation of legal- aid programs;
(f) To identify the various laws which conflict with each other on the same subject and in probable cases, to recommend codification and unification of various laws on the same subject?
(g) To recommend repeal of existing laws which are inconsistent with the fundamental rights and in appropriate cases making amendments with regard thereto;
(h) To recommend, after identification repeal of obsolete and unnecessary laws and in case of necessity, legislation of laws on any subject;
(i) To recommend acceptable measures for the upgrading of legal education, and
(j)’To recommend with regard to other legal matters referred by the government from time to time.
On the basis of Section 6A of the Law Commission Act 1996, the Commission prepares a work plan for each two-year on the conduct of its affairs in which laws are taken on priority basis for review. The said plan is sent to the Government. The Government sends its opinion/recommendations if any on the work plan.
The Commission after considering the opinion/recommendations made by the Government finalizes the work plan and informs the Government. The Commission in its meeting discusses the priorities of laws of the work plan and reference if any, made by the Government. In the Commission’s meeting each member is assigned to prepare a working paper/report with the assistance of a Research Officer. Then the Research team considering the nature and scope of the research of the law adopts different methodologies for collection of data and in appropriate cases studies foreign system of law to see how they meet similar problems. The team in the working paper delineates different deficiencies and drawbacks of the law and suggests provisional recommendations regarding removal thereof. The working paper prepared by the team is placed before the Commission for consideration and approval. After approval the paper is widely circulated among the different stakeholders for comments and suggestions. The team scrutinizes different views received from the stakeholders and thereafter the Commission prepares final report and draft bill if necessary, and sends them to the government for necessary action. In addition to the work plan the Commission also works and recommends on the matters referred by the government from time to time.
Proposed Work plan for the year of 2010-2011
A draft Work Plan for the year of 2010-2011 has been sent on 13.09.2009 to the Ministry of Law, Justice and Parliamentary Affairs for further opinion. Work plan for the year of 2008-2009