Organs of Government

Organs of Government

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Organs of Government - Overview

------------ PAGE 1 ------------ Organs of Government ------------ PAGE 2 ------------ Objectives of this Class „« Conceptual analysis of government. „« Introduction of various organs of Government „« Examine the role of various organs of the government of Bangladesh „« Find out the key problems of all organs of the government of Bangladesh. „« Suggest some measures that may crucial for effectiveness of those organs. ------------ PAGE 3 ------------ Government: Theoretical Concept ƒá Government is one of most essential attributes of the state. It works as the agent of the state . ƒá According to Dr. Garner , Government is the agency through which the collective will of the people or sate may be formulated, expressed and executed. ƒá The word government is derived from the Latin infinitive ‘ gubernare ’ , meaning " to govern" or " to manage“ . ƒá Govern men t consists of three words: “ Govern ” means to handle, to manage, to execute etc. “ Men ”, the plural form of ‘ man’ which means people “ T” for tactfully; artfully, innovatively or, effectively. ------------ PAGE 4 ------------ LEGISLATURE National Assembly JUDICIARY Supreme Court , Lower Courts EXECUTIVE Cabinet, Civil Service Organs of Government ------------ PAGE 5 ------------ œ The People’s Republic of Bangladesh is a unitary, independent and sovereign republic which has a parliamentary form of government. œ The President is a constitutional figure head and is elected by the members of the Parliament for the tenure of 5 years. œ According to the Bangladesh Constitution, The Government of Bangladesh is democratic with separation of powers among the three organs, namely- 1. Executive : Article 48- 64 ( Part iv) 2. Legislative : Article 65- 93 ( Part v) 3. Judiciary : Article 94- 117 ( Part vi) Organs of Bangladesh Government ------------ PAGE 6 ------------ 1. Legislature of Bangladesh ( Structure) ƒá Article 65( 1) states that there shall be a parliament for Bangladesh which responsible for making orders, rules, regulations, laws or other instruments having legislative effect. ƒá The legislative branch of the government is a unicameral Parliament – Jatiyo Sangsad , which makes the laws. ƒá The president calls Parliament session. Speaker works as chief of this body where Deputy Speaker assists him. ƒá Jatiyo Sangsad consists of 350 members of which 300 members are elected from 300 territorial constituencies. The remaining 50 seats are reserved for women. ƒá The quorum of parliament is sixty members . ------------ PAGE 7 ------------ Legislature of Bangladesh ( Cont.) Qualifications for parliament election:( Article 66) i. If he is a citizen of Bangladesh ii. Attained the age of twenty- five years Disqualifications for parliament election:( Article 66) I. Who is declared by a competent court to be of unsound mind II. is an undercharged insolvent III. Acquires the citizenship of, or affirms of acknowledges allegiance to, a foreign state IV. Who has been, on conviction for a criminal offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years unless a period of five years has elapsed since his release; V. holds any office of profit in this service of the Republic other than an office which is declared by law not to disqualify its holders. ------------ PAGE 8 ------------ Jatiyo Sangsad ------------ PAGE 9 ------------ Functions of Legislature ƒá Law Making : Most important functions by the government. Article : 65 ( 1), 80 ( 1, 2, 3, 4 and 5) ƒá Control over the budget : Without approval of legislative, executive can not spend a single paisa. Article : 87( 1 ,2) ƒá Control over Executive : Exercises full control over the executive. Article 55( 3) ƒá Judicial : Perform certain judicial functions. Article : 52 ( 1), 96 ( 3) ƒá Electoral : : Legislature elect the president. Article : 48, 77 ƒá Amendment of the constitution : The power to amend the constitution rests with the legislature. Article : 142 ƒá Mirror of public opinion: Act as the mirror of the public opinion Article : 7( 1) ƒá Right of the legislature to removal judge : Article 96 ------------ PAGE 10 ------------ Limitations of the Parliamentary System in BD 1. Lack of proper practice of democracy 2. Lack of political commitment 3. Avoiding attitude of parliamentary session 4. Lack of punishment of MPs 5. Partial role of speaker and deputy speaker 6. Ineffective or tadbir culture of mass media 7. Patronizing political corruption 8. Ineffective role of election commission Need to make an effective Parliament „H Proper practice of democracy and democracy within political party „H Sound participation of opposition parties „H Effective role of local government „H Political awareness building „H Ensuring proper role of speaker and deputy speaker „H Proper role of mass media „H Active role of various parliamentary standing committees „H Respective attitude toward opposition „H Positive role of civil society and development actors „H Conducting constructive criticism „H Effective role of election commission „H Ensuring political commitment ------------ PAGE 11 ------------ II. Executive Organ of Bangladesh ( Structure) „H The executive power of the Republic is exercised by or on the advice of the Prime Minister, who commends the support of the majority members of parliament. „H The Cabinet, headed by the Prime Minister and consisting of other ministers is the executive arm of the government. „H Ministers, State Ministers and Deputy Ministers are appointed as per wish of the Prime Minister. The Cabinet is collectively responsible to the parliament [ 55 ( 3)]. „H Each ministry is headed by a Minister or a state Minister. Below the ministries lie several executive agencies in order to executive government policies and decisions. Territorially, the country is divided into administrative layers like Divisions, Districts, Upazilas etc. ------------ PAGE 12 ------------ A Partial Picture of Present Cabinet ------------ PAGE 13 ------------ Functions of Executive organ ƒá Administrative: Maintenance law and order. ƒá Legislative : Executive the prepares the bills ƒá Electoral oriented ƒá Military Functions: President has the power to promote, demote and dismiss the army persons. President can declare war ƒá Foreign Relations: Establish political relations with foreign countries. ƒá Financial Functions: Executive prepares the budget ------------ PAGE 14 ------------ A Partial Picture of Executive Body ------------ PAGE 15 ------------ Key problems in executive Organ „H Lack of proper cooperation and coordination „H Bureaucratic complexities „H Lack of skilled and sound manpower „H Highly Politicized of government functions „H Lack of proactive leadership quality „H Practice of traditional rules and regulations „H Lack of proper practice of constitution „H Improper and partial role of various organizations „H Poor qualifications of the members of the cabinet „H Highly centralized government system „H Inactive role local government system ------------ PAGE 16 ------------ III. Judiciary Organ of Bangladesh ( Structure) ƒá At the apex of the country's judiciary system stands the Supreme Court. The Supreme Court serves as the Guardian of the Constitution and enforces the fundamental rights of the citizens. It consists of the High Court Division and the Appellate Division. The Appellate Division of the Supreme Court in Dhaka reviews appeals of judgment by the High Court Division . The judges of both divisions are appointed by the president [ Article: 95( 1) ]. ƒá At the grass- roots level , the judicial system begins with village courts . Unresolved disputes then go to the sub district level . Cases may wind their way up from district courts to permanent benches of the High Court Division. ------------ PAGE 17 ------------ The Supreme Court of Bangladesh ------------ PAGE 18 ------------ Functions of Judicial organ ƒá Interpretation of the laws ƒá Guardian of the constitution ƒá Decide the cases ƒá Protector of civil rights ƒá Custodian of fundamental rights ƒá Protection of civil rights ƒá Advisory functions ƒá Miscellaneous functions ------------ PAGE 19 ------------ Steps need to make judiciary more effective ƒæ Free from executive organ ƒæ Ensuring separate judicial secretariat ƒæ Ensuring the quality of the judges ƒæ Introducing ICT facilities ƒæ Removing bureaucratic attitudes in judicial services ƒæ Properly practice of constitution ƒæ Political commitment toward nation ƒæ Positive role of mass media and civil society ƒæ Proactive and impartial role of Attorney General Office ƒæ Conducting various research works ƒæ Organizing various training programs to develop skills of personnel ------------ PAGE 20 ------------ Chapter related questions „H Write down the qualifications to be the Member of Parliament. „H Discuss the functions of the ‘ House of the nation’ . „H How can we make an effective parliamentary system in Bangladesh? „H Discuss the limitations of the parliamentary system of Bangladesh. „H What is independence of Judiciary? „H Discuss the functions of the judiciary organ of Bangladesh.
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