The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a magistratus was one of the highest ranking government officers, and possessed both judicial and executive powers. In other parts of the world, such as China, a magistrate was responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters. In other jurisdictions, magistrates may be volunteers without formal legal training who perform a judicial role with regard to minor matters.
A Sessions Court or even known as the Court of Sessions Judge is a court of law which exists in several Commonwealth countries. A Court of Session is the highest criminal court in a district and the court of first instance for trying serious offences i.e. those carrying punishment of imprisonment of more than 7 years, life imprisonment, or death.
The Constitution of the People's Republic of Bangladesh is the constitutional document of Bangladesh. It was adopted on 4 November 1972 and effective from 16 December 1972. It provides the framework of the Bangladeshi republic with a parliamentary government, fundamental human rights and freedoms, an independent judiciary, democratic local government and a national bureaucracy. The constitution includes references to socialism, Islam, secular democracy and the Bengali language. It commits Bangladesh to “contribute to international peace and co-operation in keeping with the progressive aspirations of mankind”. The constitution has several controversial elements like Article 70.
The District Courts of India are the district courts of the State governments in India for every district or for one or more districts together taking into account of the number of cases, population distribution in the district. They administer justice in India at a district level.
Human rights in Bangladesh are enshrined as fundamental rights in Part III of the Constitution of Bangladesh. However, constitutional and legal experts believe many of the country's laws require reform to enforce fundamental rights and reflect democratic values of the 21st century. Proposed reforms include strengthening parliamentary supremacy, judicial independence, the separation of powers, repealing laws which restrain freedom of the press and disbanding security agencies which violate civil liberties.
The judiciary is the system of courts that interprets and applies the law. The role of the court system is to decide cases, including the determination of the relevant facts, then the determination of the relevant law and the application of the relevant facts to the relevant law. The Indian Judiciary administers a common law system in which customs, securities and legislation, all codify the law of the land. It has in fact, inherited the legacy of the legal system established by the then colonial powers and the princely states since the mid-19th century, and has partly retained characteristics of practices from the ancient and medieval times.
Bangladesh is a common law country having its legal system developed by the British rulers during their colonial rule over British India. The land now comprises Bangladesh was known as Bengal during the British and Mughal regime while by some other names earlier.Though we had religious and political equipments and institutions from almost pre historic era, Mughals first tried to recognise and establish them through state mechanisms. The Charter of 1726, granted by King George 1, authorised the East India Company to establish Mayor's Courts in Madras, Bombay and Calcutta and is recognised as the first codified law for the British India. As a part of the then British India, it was the first codified law for the then Bengal too. Since independence in 1971, statutory law enacted by the Parliament of Bangladesh has been the primary form of legislation. Judge made law continues to be significant in areas such as constitutional law. Unlike in other common law countries, the Supreme Court of Bangladesh has the power to not only interpret laws made by the parliament, but to also declare them null and void and to enforce fundamental rights of the citizens. The Bangladesh Code includes a compilation of all laws since 1836. The vast majority of Bangladeshi laws are in English. But most laws adopted after 1987 are in Bengali. Family law is intertwined with religious law. Bangladesh has significant international law obligations.
The Chief Justice of Bangladesh is the chief amongst the judges of the Supreme Court of Bangladesh, and also head of the whole judicial establishments, including subordinate courts. The Chief Justice is appointed by The President of Bangladesh. The Chief Justice sits in the Appellate Division of the Supreme Court with other judges to hear and decide cases, presides over meetings of the full Supreme Court to transact business relating to administration of the court, and supervises the discipline of the judges and magistrates of the subordinate courts. Most rules for regulating the practice and procedure of both the Appellate and High Court Divisions of the Supreme Court including those specified in certain legislative acts, such as the Companies Act 1994 and the Banking Companies Act 1991, are also duly scrutinized and approved in full court meetings presided over by the Chief Justice. He also distributes judicial business of the High Court Division by constituting different benches to exercise its original, appellate and revisable jurisdictions.
The Code of Criminal Procedure commonly called Criminal Procedure Code (CrPC) is the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty. It also deals with public nuisance, prevention of offences and maintenance of wife, child and parents.
The Executive Magistrate is the magistrate of the executive organ of the People's Republic of Bangladesh. The members of the Bangladesh Civil Service (Administration) i.e. Bangladesh Administrative Service are the Executive Magistrates. They usually exercise vast executive and limited judicial power in their respective jurisdiction.
The Judiciary of Bangladesh or Judicial system of Bangladesh is based on the Constitution and the laws are enacted by the legislature and interpreted by the higher courts. Bangladesh Supreme Court is the highest court of Bangladesh. The jurisdiction of the Supreme Court of Bangladesh has been described in Article 94(1) of the Constitution of Bangladesh. It consists of two divisions, the High Court Division and the Appellate Division. These two divisions of the Supreme Court have separate jurisdictions.
The Bangladesh Administrative Service (BAS) is the premier civil service cadre of the Bangladesh Civil Service, and which formulates and executes the policies of the government of the People's Republic of Bangladesh of which it is an inseparable part.
Since the independence of Bangladesh, the presidential election process has been changed several times due to both the Presidential and Parliamentary arrangements. According to the Second Schedule to the Constitution of 1972, the president of the parliament used to be elected by a secret vote. Later, according to the fourth amendment to the constitution, the provision of the direct election system of presidential election was introduced. But soon after 12th Amendment to the Constitution, the provision of presidential elections through an indirect election was introduced after the parliamentary system was installed. At present, President is elected by an indirect election by the members of parliament as per Article 48 of the Constitution.
Courts of Metropolitan Magistrates is a type of magistrate courts those are situated in a division headquarter or metropolitan city, found in many countries. The presiding officers of such Courts get appointed by the High Court.
Metropolitan Session court is a type of Sessions Court which are situated in metropolitan cities of Bangladesh. These types courts are exclusively criminal court to deal with only criminal cases. Judges appointed to such courts do not hear or try any civil matter, unlike judges of session courts in districts. According to the Code of Criminal Procedure (Bangladesh), a Session Judge shall be established by the Government in each of metropolitan city. Initially, two types of courts, the Courts of Sessions and the Courts of Magistrates were recognized by the code. The code was amended in 1976 with the introduction of the metropolitan police and came to effect in 1979. This amended ordinance made it essential for the government to establish the separate metropolitan session courts for metropolitan areas. Currently, there five Metropolitan courts are in function in Bangladesh.
Deputy Commissioner or District Magistrate is a chief administrative and revenue officer of a district or an administrative sub-unit of a division. According to the Code of Criminal Procedure of Bangladesh, the Government shall appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate.
Metropolitan Court is a different type of court found in the metropolitan city of Bangladesh. As per the Criminal Procedure Code (CrPC) of 1898, the constitution, procedure, forces and jurisdiction of this court are resolved. The Code of Criminal Procedure used to acknowledge two sorts of courts: the Sessions court and the Judge court.
Metropolitan Magistrate Court is special type of magistrate court which is only found in metropolitan areas of Bangladesh. The 1976 instruct the government of Bangladesh to establish separate type of courts only for the metropolitan area. Metropolitan Magistrate Court is the second tier of court which is presided by Judicial Magistrates. These courts are subordinate to and under the control of Metropolitan Session Courts.
Metropolitan Sessions Judge Court is a type of sessions court that is only found in metropolitan cities of Bangladesh. Metropolitan Sessions courts only deal with the criminal cases of metropolitan areas. These courts are presided by the sessions judges. Sessions Judges are appointed by the government according to the 2009 amendment of Code of Criminal Procedure of Bangladesh.
Bangla Bhasha Procholon Ain, 1987 is an Act by the Government of Bangladesh to implement and enforce the article 3 of the Constitution of Bangladesh. It is the 2nd Act of 1987. According to this act, all records and correspondences, laws, proceedings in court and other legal actions must be written in the Bengali language in all courts, government or semi-government offices, and autonomous institutions in Bangladesh.
