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Separation of Powers and a System of Checks and Balances: Silver Lining

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  • gopalsengupta@aol.com
    Separation of Powers and a System of Checks and Balances: Silver Lining in the Dark Clouds
    Message 1 of 1 , Oct 31, 2007
        Separation of Powers and a System of Checks and Balances: Silver Lining in the Dark Clouds 

      Anchored by the Bangladesh Constitution first three articles of the country, Legislative, Executive and the Judiciary (judicial) make up our three branches of government. The Constitution clearly lays down the foundations of a judiciary that is separate and independent from the other branches of government. It was introduced in recognition of the fact that the efficiency of the judiciary and the entire justice system depends largely on the independence of the judiciary. 

      By distributing the essential business of government among three separate but interdependent branches, the Constitutional Framers ensured that the principal powers of the government, legislative, executive and judicial, were not concentrated in the hands of any single branch. Allocating governmental authority among three separate branches also prevented the formation of too strong a national government capable of overpowering the individual state governments. The Separation of Powers, by which the executive, legislative, and judicial branches are to be independent and not infringe upon each other's rights and duties, is one of the basic doctrines in the Bangladesh Constitution.

      Strengthening the judiciary of Bangladesh entails a dynamic gamut of tasks and challenges that must be taken head on. There are no short cuts but strategies can be conceived to facilitate the reform process and overcome obstacles. Needless to say, the judiciary cannot do this alone. The other branches of government and the people in general must all support and cooperate to hasten the accomplishment of this long - cherished goal. It is important to inculcate this mind set in the members of the judiciary so that they can contribute without fear or favour in avoiding accusations of incompetence, corruption, or court mismanagement among judges. 
      Gopal Sengupta
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