Source of Law in Bangladesh

It is clear that smart politicians can sense people`s mood and what would win votes for them. You know that many of us are very interested in immediately satisfying the desire for justice. As long as an “injustice” is punished, many of us are too zealous to ignore the trivial nuances of the types or forms of punishment, identity or motive of the punisher. For this reason, they feel little or no need to care about the law as it is contained in formal sources. They know that while some idealistic people may despise their actions, there will be many others who praise them for their bravery. Similarly, most bureaucrats know where power belongs. They are also well aware that the promulgation of article 21, paragraph 2, of the Constitution, according to which “every person in the service of the Republic has the duty to strive at all times to serve the people” really means nothing. It is necessary, governing the people is necessary, serving them is useless. 6. Legislator: In modern times, the legislator is the most important source of law. The legislator creates new laws according to the needs of the state.

4. Scientific advice: The writings and scientific considerations of renowned lawyers are also considered important sources of law. The lawyer`s comments and opinions are very often accepted by the court. In England, great importance is given to the opinions of Coca-Cola. Black Stone and Hale. Due to less time, fewer people with professional skills and a quick need for laws to exercise, the state initiated the delegation of laws. The state has the urgency to legislate as quickly as possible because it cannot rely on specific legislation. Thus, the legislative power for a simple, fast and fluid legislative process has been divided into different executives. Now it serves as a huge source of law. There are many sources of law. Some of the main sources of law are described below: There may have been a hierarchy among the Qazis, but there is no clear information on the subject.

The sultan was the source of all power. He had the power to enact and enforce the law through the officials he appointed. The only limitation of his power was the rules of Islamic law, to which he obeyed. Men educated in Islamic law, known as ulema, exerted much influence over the sultans. The sultans generally promulgated laws relating to civil and fiscal administration through his firman, issued from time to time to meet the requirements of civil and fiscal situations, matters related to marriage, inheritance, inheritance, maintenance, division, religious institutions, etc. were governed by the principles of Islamic law. Small conflicts between villagers were settled by the village panchayet, who was chosen from among the villagers. Non-Muslims were guided in matters among themselves by their personal law. This shows that Islamic law has not completely replaced Hindu law.

There are many sources of law. Political scientists have pointed to the six sources of law. These main sources of laws are: (1) customs (2) religion (3) jurisprudence (4) scientific opinions/discussions (5) justice (6) legislation. I am referring here to the consciousness, or more accurately the perception of right and wrong, of bureaucrats and politicians who belong to the ruling party (regardless of which political party is in power or even if a political force is in power) and the “effective and secular” way in which it is applied. This powerful source of “law” manifests itself in bureaucrats and politicians who punish ordinary men and women, which is not allowed by any law. This “living and conscience-motivated” source of “law” is expressed in the immediate order of powerful bureaucrats or ministers (for example, the manipulation of a civil servant by a minister or a member of parliament for dereliction of duty or punishment of a citizen for breaking the law). We have seen just similar application of “law” during martial law regimes. After Bengal came under Aryan rule, the legal system of the Aryans, as modified by local customs and customs, was practiced in Bengal. Although the king or his appointed judges administered law and justice in the country, the village panchayet continued the function of justice in the village community over minor disputes and supported the tax administration. During the reign of the Palas, the chief justice was called Mahadandanayaka or Dharmadhikar and during the reign of Chandras, Varmans and Senas, he was known as Mahadharmadhyaksha. This legal system was also known as Hindu law.

The laws compiled by Gautama, Budhyana, Apastamba, Harit, Vaisishtha, Visnu, Manu, Yajnavalkya, Narada, Brihaspati, Katyanya, etc. were the main sources of Hindu law. In Bengal, the Dayabhaga of Jimutabahana, a summary of all the codes of Hindu law, was followed only with regard to inheritance and division of commons, and in the rest of India, the Mitaksara of Vijnaneshwar was followed by a commentary on the Yajnavalkya code. The Attorney General is the most important judicial officer in the government. He is also President of the Bar Association and ex officio Chairman of the Bangladesh Bar Council. He is assisted by Assistant Attorneys General, Deputy Attorneys General and Deputy Attorneys General. They represent the state before the Supreme Court and conduct cases before the courts on behalf of the state. The Head of Government is the Chief Magistrate of the Government in the district and is assisted by the Deputy and Deputy Government Presidents. They represent the State before the subordinate civil courts of the district and conduct cases before these courts on behalf of the State. Similarly, the prosecutor is another chief government prosecutor in the district in criminal cases. He is assisted by the Deputy Prosecutors. They conduct prosecution cases on behalf of the state in courts, session courts or district courts.

Police inspectors conduct criminal proceedings on behalf of the State in magistrates` courts.