A Prime Minister is the head of a cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not a head of state or chief executive officer of their respective nation, rather they are a head of government, serving typically under a monarch in a hybrid of aristocratic and democratic government forms.
In parliamentary systems fashioned after the Westminster system, the prime minister is the presiding and actual head of government and head of the executive branch. In such systems, the head of state or the head of state’s official representative (often the monarch, president, or governor-general) usually holds a largely ceremonial position, although often with reserve powers.
In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime minister is the presiding member and chairman of the cabinet. In a minority of systems, notably in semi-presidential systems of government, a prime minister is the official who is appointed to manage the civil service and execute the directives of the head of state.
The prime minister is often, but not always, a member of the Legislature or the Lower House thereof and is expected with other ministers to ensure the passage of bills through the legislature. In some monarchies the monarch may also exercise executive powers (known as the royal prerogative) that are constitutionally vested in the crown and may be exercised without the approval of parliament.
As well as being head of government, a prime minister may have other roles or posts—the Prime Minister of the United Kingdom, for example, is also First Lord of the Treasury and Minister for the Civil Service.Prime ministers may take other ministerial posts. For example, during the Second World War, Winston Churchill was also Minister of Defence (although there was then no Ministry of Defence) and in the current cabinet of Israel, Benjamin Netanyahu also serves as Minister of Communications, Foreign Affairs, Regional Cooperation, Economy and Interior.
The debate over the decentralization of power has raged over the past half century. The focus of this debate has been whether or not the Prime Minister (PM) has too many powers. The PM holds the most powerful position in the state. The crux of the issue lies in the concentration of power in the Prime Ministerial Office (PMO) -however, the PMs Powers are subject to certain practical and theoretical limitations that don’t always coincide. The key component of Canadian Federalism consists in giving regional governments, Provinces more centralized powers. The intent was to limit the powers of the national government. Constitutionally, the Crown is the head of state and can constitutionally greatly impede and limit the powers of the PM. However this is rarely applied in practice, as it is rather unconventional for the Crown to interfere. The Prime Minister can also restrict state legislation from passed through Parliament. The leaders of Crown Corporations – appointed by the PM have significant influence over the operations of government firms. Lastly, the PM, being responsible for the appointment of the Justices of the Supreme Court , has considerable heft in most rulings.
The Canadian Constitution lays out the framework for a federalist government, which gives Provinces exclusive powers. The Canadian Government is empowered to act, and its actions may be backed up by the full weight of public authority (Brooks, 130). Within the constitution one notices similarities with British-style parliamentary government. A prominent example is the Monarch, endowed with the power to dissolve Parliament, and also, more importantly, the right to review all legislation of both Federal and Provincial government before becoming law (Brooks, 139). It is evident that such monarchical powers theoretically restrain the powers of the PM, however impractical and unconventional they may be. The failure of the PM to receive royal assent on legislation passed through the cycle of parliament can be very detrimental. Nevertheless, in most cases, arguably, the Monarch’s powers are a theoretical ability, her intrusions are highly unconventional. The King- Byng incident of 1925 illustrated the right of the Governor General, Lord Byng of Vimy, to refuse the recommendations of the PM, in this case Lyon Mackenzie King, to dissolve the government (http, pdf).
The Canadian Prime Minister plays an imperative role in appointing key figures that affect legislation. The Prime minister is traditionally responsible for appointing many different positions including; Governor General, the 105 appointed Cabinet ministers, Justices of the Supreme Court, Senators, heads of Crown Corporations, ambassadors to Foreign countries, provincial lieutenants governors and approximately 3,100 more (Weiler, 255). The Prime minister controls the appointment of each minister in the Cabinet; this allows him or her to exert significant influence by using the appointment of a possible Cabinet position to gain support of that minister. Appointing respected figureheads or opposition leaders could create an increase in public popularity or coercion in the lower house. The Fundamental concept here relies on the fact that Cabinets ministers rarely pose serious challenge to the authority of the PM, since the Minister owe their appointments and continued service almost entirely to the good will of the Prime minister (Malloy, 207). The PM, however, cannot abuse powers within the cabinet due to the threat of a non-confidence vote; such occurrences have happened. In certain cases of minority government, the PM, with the support of another party, may form a coalition government to prevent a vote of no-confidence. This is a viable option as it allows for the continuing passage of legislation without stoppages.
The Prime Minister also plays a significant role in the passing of legislation. Policy proposals have to be considered by the appropriate Cabinet committee, and, if approved, they are ready to be introduced in Parliament. The first reading of the bill is read in either the Senate or the House of Commons, where the bill is printed. The second is where members debate and vote on the principles of the bill. The Third reading is where the debate on the content of the bill is amended. Finally, it is presented to the Governor General for assent, where it becomes law (Kehoe, Inba). This process leaves marginal room for reward. If a bill has to originate from the Cabinet, then it conventionally must be accepted by the Prime Minister. In addition, the bill must have been ratified in both the Senate and House of Commons. The Prime Minister thus controls and is yet limited to influence within the House of Commons. The Government can at anytime be dissolved with a vote of no-confidence. This allows for elected members to have an influence and act as a check on the Prime Minister, avoiding self-interest oriented legislation. The practicalities of these limitations are conventional during a minority Government, and thus influence the PM to propose legislation that will be majorly accepted.
Canadian national legislation is passed through the House of Commons and Senate. Unlike the American or British legislation, Canadian bills tend to pass through without defeat. The Prime Ministers also have the power to appoint membership of the sixteen standing committees of the House, as well as the appointment of their chairs, making it extremely unlikely for opposition or delay in those forums (Malloy, 209). As stated by Jonathan Malloy, supremacy over legislation is aided by the increasingly regular use of closure and time allocation motions, both of which restrict debate and force timely votes on bills. (Malloy, 209) While this tactic remains exclusive to the Prime Minister, it is rarely used. In addition, while the Prime Minister holds influence in Committees within the House of Commons, practically it is the Ministers in Parliament that hold the power to vote on legislation and influence party opinions. This tactic would be increasingly important for combating such effects of filibustering, which is prominent in the U.S for preventing the passing of legislation within Congress.
The Primary function of the House of Commons is the creation and amendments of legislation. However, the Senate, also referred to as the upper house seats 105 unelected members (Brooks, 259). One of the main goals of the Senate, is to represent regional areas of Canada. There may be incentives for the Prime Minister to appoint members of the opposition, as well as popular appointees. Roméo Delaire would be a prime example, a national icon – human rights activist – military leader, was appointed to the Senate by the Liberals in 2005 (“Senators). While occasional attempt are made at diversifying members of the Senate, most appointments are made for, party loyalist who are rewarded for their services to the party, and/or directly to the Prime Minister (Mallow, 211). This would appear to be very beneficial for the Prime Minister, as influence in the Upper House can bring forth predictable outcomes. One can analyze that with such influence over the membership in the legislative branch, due to their ability to represent a larger proportion of their party. The Prime minister can use this advantage to his or hers favour to pass legislation.
Constitutional features limit the Prime Ministers power from implementing self-interest ideologies into the framework of provincial politics. The Prime Minister must allow provinces to govern themselves as Premiers can control certain policies according to their electoral mandate. The Prime Minister however, still has the option to influence Provinces by providing shared-cost programs and block funding. This funding allows the government to subsidize such programs such as the Canadian Health and Social Transfer, federal grants for health care and post- secondary education (Brooks, 219).
The Supreme Court acts as the pinnacle entity of the Canadian judiciary system. It is the furthest any court case can reach. It is essentially a constitutional convention that serves as a bulwark to limit the Prime Minister greatly. The Supreme Court acts as interpreters of the constitution and tends to stray away from political involvement. There are speculative influences on the Judiciary system; budgets are determined by parliament giving theoretical possibilities for Court persuasion. Increasingly, members of the Supreme Court are appointed by the Prime Minister. It is the role of the Governor General to appoint the Justices of the Supreme Court, though realistically they are suggested by the Cabinet under the Privy Council committee (Schobert). While constitutionally the Governor General holds the power of influence over the Justices of Judiciary, it is realistic to say that the Prime Minister through the use of the subcommittees within the Cabinet, can use his or her powers to find judges that vary in personality (liberal to conservative) to his or hers benefit.
Crown Corporations also underline the influence of Prime Ministerial powers. Crown Corporations are those owned by the government. It is the parties that are in power that influence these corporations to their advantage (Mintz, 686). There are different levels; Federal Crown corporations which are owned by the government of Canada, and Provincial Corporations which are owned by their regional governments. Crown corps provide services to the public to which help promote the interest of the Canadian economy that gave citizens to collectively benefit through nation building, economic reasoning etc. In recent history there has been heated discussion over the privatization of crown companies. Focus of these debates gear toward the selling off divisions of Atomic energy and Canada Post. While privatization of crown corporations could allow for economic benefits affected the Prime Minister, as in the PM could use such revenue to cover deficits. However it may be a practical approach, it’s almost theoretical due to the unwillingness of the opposition to agree. “We’ll continue to ensure that Canada Post remains on a firm financial footing to maintain its universal service,” said an aide to Rob Merrifield, the Minister of State, responsible for the postal service. (Geddes,21). As there may always be interest in the financial gains of privatizing Crown corporations, there will always be public and political implications that affect the outcome.
In conclusion, while it may be apparent that the Canadian Prime Minister has vast powers that he or she is also limited too. While there are conventional limitations brought in place by the Canadian Constitution, there are powers that can be theoretically used. The Prime Minister is mainly limited by Federalism, in which the Provinces have the regional authorities to operate and pass their own legislation without National assent. The Prime Ministers control over appointing member of the Cabinet, governor general, the 105 appointed Cabinet ministers, Justices of the Supreme Court, Senators, and heads of Crown Corporations etc. allow for considerable areas of influence. The Prime Minister must act responsibly to keep a majority government or a minority government in coalition with other parties to avoid no-confidence vote.
The president, while chief of state, holds a largely ceremonial post; the real power is held by the prime minister, who is head of government. The president is elected by the legislature (Parliament) every 5 years. The president’s circumscribed powers are substantially expanded during the tenure of a caretaker government. Under the 13th Amendment, which Parliament passed in March 1996, a caretaker government assumes power temporarily to oversee general elections after dissolution of the Parliament. In the caretaker government, the president has control over the Ministry of Defense, the authority to declare a state of emergency, and the power to dismiss the Chief Adviser and other members of the caretaker government. Once elections have been held and a new government and Parliament are in place, the president’s powers and position revert to their largely ceremonial role. The Chief Adviser and other advisers to the caretaker government must be appointed within 15 days after the current Parliament expires.
The prime minister is appointed by the president. The prime minister must be a Member of Parliament (MP) who the president feels commands the confidence of the majority of other MPs. The cabinet is composed of ministers selected by the prime minister and appointed by the president. At least 90% of the ministers must be MPs. The other 10% may be non-MP experts or “technocrats” who are not otherwise disqualified from being elected MPs. According to the constitution, the president can dissolve Parliament upon the written request of the prime minister.
The legislature is a unicameral, 300-seat body. All of its members are elected by universal suffrage at least every five years. Parliament amended the constitution in May 2004, making a provision for 45 seats reserved for women to be distributed among political parties in proportion to their numerical strength in Parliament. Several women’s groups have demanded direct election to fill the reserved seats for women.
Bangladesh’s judiciary is a civil court system based on the British model; the highest court of appeal is the appellate court of the Supreme Court. At the local government level, the country is divided into divisions, districts, sub districts, unions, and villages. Local officials are elected at the union level and selected at the village level. All larger administrative units are run by members of the civil service.
Prime Minister Powers in the light of Constitutional Extent
Article 48(3) of the constitution states: “In the exercise of all his functions, save only that of appointing the Prime Minister pursuant to Clause (3) of article 56 and the Chief Justice pursuant to clause (1) of article 95, the President shall act in accordance with the advice of the Prime Minister.”
It means that the president of Bangladesh shall act on the advice of the prime minister in all matters except appointing the prime minister and the chief justice. As long as the prime minister and his cabinet continue to hold office, article 48 (3) is in operation.
Clause 3 of article 58C states: “The Chief Adviser and other Advisers shall be appointed within fifteen days after Parliament is dissolved or stands dissolved, and during the period between the date on which the Parliament is dissolved or stands dissolved and the date on which the Chief Adviser is appointed, the Prime Minister and his cabinet who were in office immediately before Parliament was dissolved or stood dissolved shall continue to hold office as such.”
That means that the prime minister is in power until the chief adviser of the caretaker government is appointed. During the 15-day period between dissolution of Parliament and appointment of the chief adviser, article 48 (3) of the constitution is valid.
Article 58C(1) states: “Non-Party Care-Taker Government shall consist of the Chief Adviser and not more than ten other Advisors, all of whom shall be appointed by President.” But as the prime minister and his cabinet are still in power during this appointment period, the president is obliged to act on the advice of the prime minister according to article 48(3).
Clauses 3 and 4 of article 58C make clear arrangement for appointing the chief adviser. Article 58C (3) states: “The President shall appoint as Chief Adviser the person who among the retired Chief Justices of Bangladesh retired last … but if such a retired Chief Justice is not available or is not willing to hold the office of Chief Adviser, the President shall appoint the Chief Adviser the person who among the retired Chief Justices of Bangladesh retired next before the last retired Chief Justice.”
As per clause 4 of article 58 (C), if no retired chief justice is available or willing to hold the office as the chief adviser, the judge who retired last from the appellate division shall be appointed the chief adviser. If such a retired judge is not available or is not willing to hold the office of the chief adviser, the president shall appoint the person who among the retired judges of the appellate division retired after the judge that retired first.
So if the chief justice or a retired justice of the appellate division is available to hold the office of the chief adviser, the president and the prime minister have an obligation, according to the constitution, to appoint such a person as the chief adviser of the care-taker-government.
But the president will have to consult the prime minister if he has to appoint the chief adviser under the provision of clause 5 of the article 58C: “If no retired Judge of the Appellate Division is available or willing to hold the office of Chief Adviser, the President shall, after consultation, as far as practicable, with the major political parties, appoint Chief Adviser from among the citizens of Bangladesh who are qualified to be appointed as Advisers.”
As according to clause 3 of article 48 the president is obliged to act according to the advice of the prime minister, the constitution renders power to the prime minister of the said period in appointing the chief adviser. In this case, the role of the prime minister as a leader of a major political party and his/her constitutional role as the prime minister in appointing the chief adviser are different and they should not be mixed up.
The constitution of Bangladesh does entrust the outgoing prime minister with the power of appointing the chief adviser under the provision of clause 5 of article 58C. The president is constitutionally obliged to act upon the advice of the prime minister during the fifteen-day period in between the dissolution of parliament and the appointment of the chief adviser under the provision of article 48 (3) and 58C (2). It is, therefore, a wrong perception that the outgoing prime minister does not have any constitutional power to appoint the chief adviser.
Executive Any modern state stands on three basic pillars: executive, judiciary and legislature. Most of the newly independent states, while adopting their constitutions, have been vigilant about giving attention to the type, nature, and powers of the executive branch of the government. Several models are there to fashion the details of the executive. Bangladesh followed in turn the Presidential and the parliamentary models of executive. The legal basis of the Bangladesh provisional government, established on 10 April 1972, was provided by the proclamation of independence which was to take effect from 26 March 1971.
The constitution, established under this proclamation, created an all-powerful Presidential executive. Both executive and legislative powers, including the power to grant pardon, were vested in the President. He had the power to appoint a prime minister and other ministers, if he considered it necessary to do so. The power to summon and dissolve the assembly, as well as that of levying taxes and making expenditures, was exclusively vested in him. Furthermore, the President was entitled to do whatever was felt necessary for the sake of the people of Bangladesh. The proclamation created an all powerful Presidential executive in the context of the extraordinary circumstances prevailing during and after the war of liberation. sheikh mujibur rahman, the undisputed leader of the war of liberation, was made President of the Republic. As he was confined in West Pakistan, the office of Vice President was also created; he was to exercise all the powers, and fulfil all the duties and responsibilities of the President in absentia. Bangladesh was to be governed under the proclaimed Constitution until a new constitution was adopted.
The parliamentary system of government in Bangladesh started soon after the return of Bangabandhu Sheikh Mujibur Rahman from Pakistan on 10 January 1972. Using his legislative power under the Proclamation of Independence, he changed the basic structure of the provisional government and adopted a parliamentary form of government by a Presidential order called the Provisional Constitution of Bangladesh Order, 1972. The Provisional Constitution created by the decree had all the features of the British Westminster type of government with a council of ministers headed by a Prime Minister to aid and advise, and a ceremonial head of the state, namely the President. The Order enabled Sheikh Mujibur Rahman to step down from the presidency to become the Prime Minister, whereas Section 8 provided the opportunity for Justice abu sayeed choudhury, who was not a member of the Parliament, to assume the presidency until a President was elected under the new constitution.
Executive under the 1972 Constitution The executive adopted under the Constitution of 1972 was parliamentary executive whose main feature was the fusion between the executive and the legislature. Part IV of the Constitution dealt with the executive, the President, the Prime Minister and the cabinet-encompassing issues such as the qualifications of the President, his term of office, methods for the removal of the President, etc. The executive consisted of two components: a ceremonial head of state in the form of an indirectly elected President and an effective and elected Prime Minister who with his cabinet was collectively responsible to the jatiya sangsad as in the British parliamentary system.
Bangladesh Constitution of 1972 had ensured that the President would not interfere with the office of the Prime Minister. The selection and appointment of a Prime Minister was made simple and straightforward. He/she had to be a leader of the majority party in the Sangsad. The members of the cabinet were to be appointed by the President on the advice of the Prime Minister. The real executive power was to be exercised by the Prime Minister and he/she would be aided by a council of ministers who would hold office during his/her pleasure. Similarly, the power to dissolve the Jatiya Sangsad by the head of state rested on the advice of the Prime Minister. Thus, the office of the President was relegated to a mere constitutional head of state, like that of the British monarch. The Prime Minister along with his cabinet was the real executive, collectively responsible to the Sangsad. Subsequently, however, extraordinary constitutional devices like preventive detention, emergency powers and a special power act, through which the executive could dominate the Sangsad, were incorporated in the Constitution.
Executive under Fourth Amendment Drastic transformation in the nature and type of the executive took place in Bangladesh through the Fourth Amendment of the Constitution. It relegated the parliamentary democracy to a constitutional one-party dictatorship in which all powers were concentrated in the presidency, thus virtually abolishing the two parts of the executive. A one-party presidential form of government was introduced in which direct election was provided for the election of a President. The President, with tenure of five years, was made independent of the legislature.
An office of Vice President was created he was to be appointed by the President and in case of a vacancy in the presidency, the Vice President was to take over. All executive authority was vested in the President and was to be directly exercised by him. A council of ministers to aid and advise the President was created, and its members, including the Prime Minister were to be appointed by the President at his discretion. The council was to be presided over by the President and would hold office during his/her pleasure. A new section, Part VIA was added to the Constitution in which Article 117A empowered the President to create a single party if needed in order to give full effect to the fundamental principles of state policy set out in part II of the Constitution. Once the President, by order, created such a national party, all political parties were to stand dissolved. The nomenclature, programme, membership, organisation, discipline, finance, and functions of the national party were to be decided by Presidential order. The executive created under the Fourth Amendment was not a genuine Presidential system. The parliament had no authority to act as a watchdog for Presidential activities. The office of the President was made all powerful and without any checks on his/her executive authority.
Executive under the Fifth Amendment The executive under President ziaur rahman, who came to power after the assassination of Sheikh Mujibur Rahman on 15 August 1975, once again was modified through the Fifth Amendment of the Constitution. As the Chief Martial Law Administrator of the country from the last half of 1976 until the parliamentary election of 1979 Ziaur Rahman, through a number of Presidential orders, brought a number of changes in the political order like the revival of the multi-party system etc. The most important step, however, was the Second Proclamation Order No. 4 issued, on 18 December 1978 and known as the Fifteenth Amendment Order, which introduced constitutional reforms putting a formal end to the political order of Sheikh Mujibur Rahman.
The executive authority was still vested in the President who was directly elected by the people for a period of five years, albeit without a limit to the number of terms in office. He was the commander-in-chief of the armed forces, chief executive and chief legislative initiator through his power to address the Jatiya Sangsad and to dissolve it.
The insertion of Article 92 (A) armed the President with financial powers through which he could control the Sangsad. Further insertion of Article 1421 (A) provided for a referendum process, which allowed the executive to by-pass Sangsad and appeal directly to the electorate on critical constitutional issues. National and international policies formulated by him were to be laid before Sangsad for their approval. Once elected he was likely to remain in office till the end of his term, as the powers of the Sangsad to impeach or remove the President were adequately restricted. Extraordinary constitutional devices like preventive detention, emergency powers, as well as the special powers act through which the executive could exercise almost dictatorial powers, were all retained. The Proclamation further amended Article 58 under the Fourth Amendment in the following manner: (i) there shall be a council of ministers consisting of a Prime Minister and other ministers to aid and advise the President in the exercise of functions; (ii) the question whether any, and if so what, advice was tendered by the council of ministers or a minister to the President shall not be inquired into in any court; (iii) the President shall appoint as Prime Minister the member of Jatiya Sangsad who appears to him to command the support of the majority of the members of Sangsad; (iv) the President shall appoint the deputy Prime Minister and ministers from among the members of Sangsad or from among persons qualified for election as members of Sangsad; (v) the ministers shall hold office during the pleasure of the President; (vi) the President shall preside over the meetings of the council of ministers or may direct the Vice President or the Prime Minister to preside over such meetings.
Thus, although the familiar parliamentary provision of a council of ministers headed by a Prime Minister was incorporated, the cabinet, in view of the Presidential powers and influence, was more like a Presidential cabinet than a parliamentary one. The executive under the Fifth Amendment was a Presidential system without having the usual features of a genuine presidential system like that of the United States.
Executive under the Ninth Amendment The type of executive, with an all powerful presidency and a rubber-stamp legislature established under the Fifth Amendment was retained by General HM Ershad. In order to make it look more like the American Presidential system he brought about the Ninth Amendment to the Constitution to democratise the system. Article 52 (2) was amended to limit the President’s tenure to two-terms; whereas according to the amended Article 49, instead of the President nominating the Vice President, the Vice President was to be directly elected as a running mate of the President. The executive now bore more resemblance to that of the US, but in the absence of a powerful and independent legislature there were virtually no checks on the authority of the executive. A further restriction on parliament’s powers, as evidenced through the addition of a new clause 72(A), made the case perfectly clear.
Executive under the Twelfth Amendment The executive that emerged in Bangladesh as a result of the acceptance of the Twelfth Amendment is, once again, a parliamentary executive. It has retained all the features of a parliamentary system, which had been there under the 1972 Constitution.
However, constitutional provisions have been incorporated in order to ensure the dominance of the Prime Minister. A new clause has been added to Article 70 in order to further restrict the independence of the members of the Jatiya Sangsad. This and the lack of democratisation within the major political parties make the Prime Minister’s position virtually unchallengable. Further, the mode of election of the President has been made in such a way that unless a person is nominated and approved by the Prime Minister he or she cannot be elected, thus making the relationship between the President and the Prime Minister not one of equals. It seems that the President is almost subordinate to the Prime Minister. As such the executive in Bangladesh, at present, is overridingly Prime Ministerial.
Legislative power is vested in both the government and parliament. The Constitution of Bangladesh was written in 1972 and has undergone thirteen amendments.
The President is the head of state , a largely ceremonial post. The real power is held by the Prime Minister, who is the head of government. The president is elected by the legislature every five years and has normally limited powers that are substantially expanded during the tenure of a caretaker government, mainly in controlling the transition to a new government. Bangladesh has instituted a unique system of transfer of power; at the end of the tenure of the government, power is handed over to members of a civil society for three months, who run the general elections and transfer the power to elected representatives. This system was first practiced in 1991 and adopted to the constitution in 1996.
The prime minister is ceremonially appointed by the president and must be a member of parliament (MP), commanding the confidence of the majority of the MPs. The cabinet is composed of ministers selected by the prime minister and appointed by the president.
Legislative branch The 300 members are elected by universal suffrage at least every 5 years. There is universal suffrage for all citizens at the age of 18. “On [16 May 2004, the Jatiyo Sangshad (the National Parliament) passed the 14th constitutional amendment to reintroduce quotas for women (article 65). The number of seats in parliament is to be raised to 345, 45 (15%) of which will be reserved for women in the next parliament. The seats will be allocated to parties in proportion to their overall share of the vote. This quota system replaces the previous quota law which expired in 2001. Until 2001 a system of reserved seats for women was used, where 30 seats out of 330 were reserved to women (chosen by indirect election by the 300 directly elected MPs). This provision of guaranteeing women reserved seats expired in April 2001. This quota system was first introduced by the 1972 Constitution (originally providing for 15 reserved seats for women, out of 315 seats, for a period of 10 years). In 1978 a presidential proclamation enlarged the number of reserved seats to 30 and extended the period of reservation to 15 years from the date of promulgation of the constitution of the Republic in December 1972. The constitutional provision lapsed in 1987 and was re-incorporated in the constitution by an amendment in 1990 to be effective for 10 years from the first meeting of the legislature next elected. This provision also lapsed in 2001. The Parliament elected in October 2001 does not have reserved seats for women. Women’s groups are lobbying for these seats to become directly elected positions and for the number of reserved seats to be increased.” International Institute for Democracy and Electoral Assistance The 8th Parliament had its first sitting on 28 October 2001.
Political parties and elections For other political parties see List of political parties in Bangladesh. An overview on elections and election results is included in Elections in Bangladesh.
The two major parties in Bangladesh are the Bangladesh Nationalist Party (BNP) and Bangladesh Awami League. BNP finds its allies among Islamist parties like Jamaat-e-Islami Bangladesh while the Awami League aligns itself traditionally with leftist and secularist parties. Another important player is the Jatiya Party, headed by former military ruler Hossain Mohammad Ershad. The Awami League-BNP rivalry has been bitter and punctuated by protests, violence and murder. Student politics is particularly strong in Bangladesh, a legacy from the liberation movement era. Almost all parties have highly active student wings, and students have been elected to the Parliament.
Two radical Islamist parties, Jagrata Muslim Janata Bangladesh (JMJB) and Jama’atul Mujahideen Bangladesh (JMB), were banned in February 2005 by the BNP. Since then, a series of bomb attacks took place in the country and have been blamed on those groups, and hundreds of suspected members have been detained in numerous security operations, including the head the of those two parties in 2006. The first recorded case of a suicide bomb attack in Bangladesh took place in November 2005.
Constitutional authority vested in courts and judges to hear and decide justiciable cases, and to interpret, and enforce or void, statutes when disputes arise over their scope or constitutionality.
judiciary is administered through the justice, constitutional control and other forms established by the law.
The public justice is one of the forms of administration of the judicial power. The justice is administered by the common courts through the civil, administrative and criminal procedures.
The judiciary (also known as the judicial system or judicature) is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make law (that is, in a plenary fashion, which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets law and applies it to the facts of each case. This branch of government is often tasked with ensuring equal justice under law. It usually consists of a court of final appeal (called the “supreme court” or “constitutional court”), together with lower courts.
In the 1980s, the Supreme Court of India for almost a decade had been encouraging public interest litigation on behalf of the poor and oppressed by using a very broad interpretation of several articles of the Indian Constitution.
Budget of the judiciary in many transitional and developing countries is almost completely controlled by the executive. The latter undermines the separation of powers, as it creates a critical financial dependence of the judiciary. The proper national wealth distribution including the government spending on the judiciary is subject of the constitutional economics. It is important to distinguish between the two methods of corruption of the judiciary: the state (through budget planning and various privileges), and the private.
The term “judiciary” is also used to refer collectively to the personnel, such as judges, magistrates and other adjudicators, who form the core of a judiciary (sometimes referred to as a “bench”), as well as the staffs who keep the system running smoothly.
Leadership refuted function
In the parliamentary system the leadership of the Prime Minister is recognized everywhere. The Prime Minister is the leader of the majority political party in the Assembly. He is the leader of the legislature. In the assembly his position is unparallel. The Prime Minister is the leader and chairman of the Council of Ministers. Centering round him/her the Council of Ministers are formed, guided and dissolved. The Prime Minister is the leader of the nation. He/She guides the programmes on national basis. The Post of Prime Minister in Bangladesh is very important. Centering round his/her the government, the country, and the nations are guided. Under his/her leadership the functions and development of the state are dependent.
At the instance and advice of the Prime Minister the finance Minister prepares and places the yearly budget of income and expenditure.
- Secretarial work for the Cabinet and its Committees.
- Custody of papers and documents of the Cabinet and Committees and their decisions.
- Review of progress and implementation of Cabinet and Committee decisions.
- Remuneration and Privileges of the President, Prime Minister and other Ministers.
- Immunity of the President.
- Administration of Oath of the President and Resignation of the President.
- Rules of Business and Allocation of Business among the Ministries and Divisions.
- Flag Rules, National Anthem Rules and National Emblem Rules.
- Observance of National Mourning Day on the 15th August.
- Appointment and resignation of the Prime Minister, Ministers, Ministers of State and Deputy Ministers and administration of their Oath.
- Common services relating to the Prime Minister, Ministers, Ministers of State and Deputy Ministers excluding T.A. and D.A. 11A. All matters relating to Anti-corruption Commission.
- Declaration of War. [(Temporary Only) Must be with Consent of Parliament].
- Secretaries Committee and Sub-Committees.
- General Administration in Upazilas, Districts and Divisions.
- Warrant of Precedence.
- Monitoring of Criminal Justice.
- Nomination for International Awards.
- National Implementation Committee for Administrative Reforms/ Reorganisation (NICAR).
- Administration including financial matters of this Division.
- Administration and supervision of subordinate offices and organizations under this Division.
- Liaison with International Organizations and matters relating to treaties and agreements with other countries and world bodies relating to subjects allotted to this Division.
- All laws on subjects allotted to this Division.
- Inquires and statistics on any of the subjects allotted to this Division.
- Fees in respect of any of the subjects allotted to this Division except Fees taken in courts.
- National Awards and Award giving ceremonies.
- Inter-Ministerial Co-ordination.