Lesson 2/24 min
Powers and the independent judiciary
On 1 November 2007 the judiciary was formally separated from the executive in Bangladesh, following the directions in the Masdar Hossain case.
Article by article
| Article | What it says |
|---|---|
| 22 | The State shall keep the judiciary separate from the executive |
| 101 | Jurisdiction of the High Court Division |
| 102 | The High Court Division can issue directions or orders (writs) to enforce fundamental rights |
| 108 | The Supreme Court is a ‘court of record’ and can punish contempt |
| 111 | Law declared by the Appellate Division binds the High Court Division; law declared by either division binds the lower courts |
| 114 | Subordinate courts may be set up by law under the Supreme Court |
Did you know?: The Supreme Court is called the ‘guardian of the Constitution’ and is also the ‘court of record’. Both were asked in the 44th and 45th BCS.
Memory trick: Making the Constitution is not the judiciary's job (asked in the 45th BCS).
Check yourself
Which article says the judiciary is to be kept separate from the executive?
At a glance
- 1
On 1 November 2007 the judiciary was separated from the executive, on the basis of Article 22.
- 2
Article 102: the High Court Division issues writs to enforce fundamental rights.
- 3
Article 108: the Supreme Court is a court of record and can punish contempt.
- 4
Article 111: law declared by the Appellate Division binds the High Court Division.
- 5
The Supreme Court is the guardian of the Constitution; making the Constitution is not the judiciary's job.