Abstract:
This thesis analyses concept of judicial independence and judicial accountability with special reference to
leading cases in the judiciary. The central issues of this thesis are to find out provisions of Judicial
Service Regulation (Srinkhola) Bidhimala 2017 conflicts with judicial independence and accountability.
The thesis examines the conditions of judicial independence and accountability in Bangladesh in
comparison with general principles, and under the Constitution of Bangladesh. Firstly, it evaluates
Independence of Judiciary as a concept in our constitution. Secondly, it gives a clear concept about
absolute checks in balances. Thirdly, this thesis examines how subordinate judiciary was separated from
the executive by the judgment of Masdar Hossain and how Judiciary was separated from legislative by
the judgment of 16th Amendment Case. The thesis identifies the strengths and weaknesses of the Judicial
Service Regulation (Srinkhola) Bidhimala 2017 regulation and their impacts on judicial independence. It
proposes ways of preserving the strengths or remedying the weaknesses to improve the conditions of
judicial independence and judicial accountability in Bangladesh. Lastly, in conclusion thesis emphasizes
that proper measures should be taken to maintain judicial independence and at the same time, an adequate
system of proper checks and balances should be established without undermining the independence of
judges.
Description:
This thesis submitted in partial fulfillment of the requirements for the degree of Bachelor of Law in East West University, Dhaka, Bangladesh