CONSTITUTIONAL ISSUES & JUDICIAL REVIEW

The Constitution of Bangladesh is the supreme law of the land and serves as the foundation of the country’s legal and democratic framework. All executive, legislative, and administrative authorities are required to act within the limits prescribed by the Constitution and applicable laws. Where public authorities exceed their legal powers, act arbitrarily, violate fundamental rights, or fail to comply with principles of natural justice, the superior courts of Bangladesh may exercise constitutional jurisdiction through judicial review.

At The Legal Era, we advise and represent individuals, corporations, institutions, and organizations in matters involving constitutional interpretation, administrative law disputes, abuse of authority, and judicial review proceedings before the Supreme Court of Bangladesh. Our lawyers regularly advise clients on complex constitutional and administrative law issues involving governmental authorities, regulatory agencies, statutory bodies, and public institutions.

Constitutional Governance in Bangladesh

The Constitution establishes the structure of the State, distribution of governmental powers, and guarantees certain fundamental rights to citizens. Public authorities and statutory bodies must exercise their powers lawfully, reasonably, and in accordance with constitutional principles.

Constitutional disputes may arise in relation to:

✅Violation of fundamental rights as guaranteed by the Constitution.

✅ Unlawful administrative actions

✅Abuse or excess of statutory powers

✅Arbitrary governmental decisions

✅ Procedural unfairness

✅Lack of jurisdiction

✅ Discriminatory treatment

✅Failure to comply with statutory obligations

✅Unconstitutional legislation or executive actions

The higher judiciary plays a crucial role in maintaining the rule of law and ensuring that public functionaries/authorities remain accountable under the Constitution.

Judicial Review under the Constitution of Bangladesh

Judicial review is a constitutional mechanism through which the Supreme Court examines the legality and validity of actions/inaction taken by public authorities, government agencies, and statutory bodies. Under Article 102 of the Constitution, the High Court Division of the Supreme Court of Bangladesh has the power to grant constitutional remedies where:

✔️A public authority acts without lawful authority

✔️An authority exceeds its jurisdiction

✔️ Fundamental rights are infringed

✔️Administrative decisions are arbitrary, unreasonable, or mala fide

✔️Principles of natural justice are violated

✔️Mandatory legal procedures are ignored

Judicial review acts as an important safeguard against abuse of executive and administrative power. Administrative authorities are entrusted with significant powers affecting businesses, individuals, and institutions. Such powers must be exercised fairly, transparently, and within the boundaries of law.

Grounds for Judicial Review

The courts may intervene where administrative actions suffer from legal defects, including:

Lack of Jurisdiction- Where an authority acts beyond powers granted by law.

Procedural Impropriety-Failure to comply with mandatory procedures or principles of natural justice.

Mala Fide Actions-Actions taken in bad faith, for improper purposes, or with ulterior motives.

Arbitrariness & Unreasonableness-Decisions that are irrational, discriminatory, or unsupported by lawful reasoning.

Violation of Fundamental Rights-Administrative actions infringing constitutionally guaranteed rights.

Error of Law-Misinterpretation or improper application of legal provisions.

Constitutional Remedies Available

The Supreme Court may grant various constitutional and administrative remedies, including:

✔️Declaration that an action was without lawful authority

✔️Orders restraining unlawful governmental actions

✔️Directions compelling authorities to perform statutory duties

✔️ Injunctions and interim relief

✔️Quashing unlawful administrative orders

✔️ Protection and enforcement of fundamental rights

Commitment to Rule of Law

The preservation of constitutional governance, administrative accountability, and procedural fairness is essential to maintaining public confidence in the legal system. We remain committed to protecting our clients’ legal rights through effective constitutional advocacy and strategic judicial review proceedings before the Apex courts of Bangladesh.

The Legal Era also conduct large number of Public Interest Litigation to protect the rights of people in general. You can find out details of our Pro Bono work and Public Interest Litigation in respective pages.