The Law Making Process of Bangladesh

Presented by

Md Riaz UddinGMPA, SKKU, Seoul

Overview of Presentation

• Country Profile• Branches of the Republic• Forms and Hierarchy of Government Laws• Provision in the Constitution• Law (Act) Making Process• Rules and Regulation Making Process• Some Example• Challenges

Country profileOfficial Name: The People's Republic of Bangladesh.Proclamation of Independence: 26 March, 1971.State Religion: The State religion is Islam, but the State shall ensure equal status and equal right in the practice of the other religions.State Language: Bangla.Capital: Dhaka.

Fundamental Principles of Constitution: Nationalism: The unity and solidarity of the Bangalee nation;Socialism: With a view to ensuring the attainment of equal society, free from the exploitation of man by man;Democracy and Human RightSecularism: Elimination of communalism, abuse of religion for political purposes, and any discrimination against persons practicing a particular religion.

Area: 147,570 sq. KM.Population: 160 Million.GDP per capita in current price: USD $1,309.00GDP per capita in PPP: USD $3,631.00

Branches of the Republic• The Executive:

– The President- Chief of the Republic.– The Prime Minister- Head of the government and chief of the Executive.– The Cabinet Ministers

• The Legislature:– 300 members directly elected from the various geographical constituencies. – 50 women who are elected by the MPs.

• Judiciary:– The Supreme court- the apex  judicial body– The appellate courts– High court– Subordinate courts-civil courts, criminal courts, courts of session, courts of

magistrate, special courts.

Provision in the Constitution

• Article 7(2): This Constitution is, as the solemn expression of the will of the people, the supreme law of the Republic, and if any other law is inconsistent with this Constitution that other law shall, to the extent of the inconsistency, be void.

• Article 65(1): There shall be a Parliament for Bangladesh (to be known as the House of the Nation) in which, subject to the provisions of this Constitution, shall be vested the legislative powers of the Republic:Provided that nothing in this clause shall prevent Parliament from delegating to any person or authority, by Act of Parliament, power to make orders, rules, regulations, bye laws or other instruments having legislative effect.

Forms and Hierarchy of Administrative Legislation

Constitution

Act/Ordinance

Rules/Regulation

Order/ Circular/ Notification/ By-laws

Law (Act) Making Process

Law (Act) Making Process

This passed law is known as Act. Usually, in this Act there have

some provision to produce some Rules or Regulation or

Sometimes Both.

Rules and Regulation making processEvents Rules Regulation

Initiator Organization

Sector/Line Ministry Implementing Department

Cause of Initiation

Provision of ConstitutionObligation in Previous Act

Obligation in Previous Act

Drafting Interministrial Working Group

Professional Working Group

Validation Multilevel Stakeholder Workshop & Media

Consultation

Multilevel Stakeholder Workshop & Media

ConsultationSend to Sector/Line Ministry

- Send to Sector/Line Ministry

Vetting Send to Law Ministry for Vetting

Sector Ministry send to different Stakeholder Ministries including

Law MinistryApproval Minister of Relevant

Ministry or CabinetMinister of Sector

Ministry or Cabinet

Some Example

Acts Rules/RegulationThe Forest Act, 1927

(Sub-section 4&5 of Section 28A)

Social Forestry Rules, 2004

The Public Procurement Act, 2006

(Section 70)The Public Procurement Rules,

2008Constitution(Article 55(6)) Rules of Business, 1996

The Right to Information Act, 2009

(Section 33)(Section 34)

The Right to Information Rules, 2009

The Right to Information Regulation, 2010

The Water Act, 2013(Section 45) The Bangladesh water Rules,

2015 (Draft)

Challenges to implement the Administrative Legislation

• Weak implementation of the Rule of Law• Lake of Public Awareness• Improper Stakeholder Consultation• Political Unwillingness• Corruption• Limitation of Resources• Lack of Public Acceptance• Inadequate or Faulty Administrative Infrastructure• Absence of Incentive Mechanism