Conception of Judiciary

The Judiciary is essential for maintaining peace and imparting justice and also for the enjoyment of
fundamental rights. It is one of inescapable pillars for the smooth functioning of democracy and thereby
to establish good governance in a country.

The Judiciary of a country comprises all courts and tribunals which interpret law, settle legal disputes,
enforce rights of the citizens and impose penalty to the offender.

Own opinion: Finally, it can be said that the judicial department consists of a series of magistrates or
judge. One above the other, with the Supreme Court at the head.

Good Governance

Good governance simply means that various levels or agencies of government exercise their power in a
manner that is effective, honest, equitable, transparent and accountable (Akkas 2004: 67–78).)

Role of Judiciary to establish good governance in Bangladesh:

The term governance and good governance an increasingly being used in development literature.
Intellectuals, bureaucrats and civil society members alike are accepting the spirit of the concept and are
conceiving in it the content of their own experience and environment. Some of the important techniques
of the judiciary, which contribute to the governing process in Bangladesh, are analysed below.

I..By protecting rule of law, fundamental rights and equal justice for all: “An enlightened,
independent and courageous judiciary fundamental requisite the very existence of any society that
respects for the rule of law and basic human rights” The preamble of the constitution of Bangladesh
(2004)states that “it should be a fundamental aim of the state to realize through the democratic
process a socialist society in which the rule of law ,fundamentals human rights and freedom ,and
political, economic and social equality and justice for all citizens will be with a view to realizing this
aim of the state. By protecting the fundamental rights of the citizen, the judiciary ensures the
administration’s accountability, human rights and the rule of law, which ultimately contribute to good
governance.

(ii) Through judicial review and security of laws: judicial review is the power of the course to examine
the legality of the official’s act and thereby to safe guard the fundamental and other essential rights of
citizen. It is touchstone and essence of the rule of law. It’s main objective is to ensure the citizens of the
country receive protection of law and that the administrative action comply with the norms of the
procedure set for it by the laws of land
 (iii) Judicial activism and the protection of public interest: Judicial activism is another
way in which the judiciary plays a vital role in good governance in Bangladesh. By
exercising judicial activism, the Supreme Court is in a position to make government official
more responsible, accountable transparent and efficient. Judicial activism signifies that
judiciary being aware of existing socio economic realities, voluntarily implements social
goal.
(iv) By protecting the principles of natural justice and citizen rights: principles of natural
justice are often considered a proper measure of level of civilization and the level at this the
role of law prevails in a particular community. Natural justice implies fairness
irresponsibleness, equity and equality. Natural justice is the concept of common law and it is
the counterpart of the American principles of procedural due process .natural justice
represents higher procedural principles Developed by judge which every administrative
agency must follow while taking any decisions which adversely affect the right of an
individual.
(v)Through judicial remedies: There is no denying the facts that today there is a tremendous
increase in the functions of the administration. in the word of Lord denying
(1949:126)”properly exercised the new powers of the executive laud to the welfare state ;but
abused they lead to the totalitarians state without proper and effective control, an individual
would be without redresser mechanism to undo the justice done.
(vi) Through the supervisory power of the judiciary: Article 109 of the constitution states
that the High Court Division (HCD) shall have supervision and control overall courts and
tribunals subordinate to it. The power is also called the supervisory power of the HCD
.However the question that necessarily arises each when is a court or tribunal subordinate to
the HCD? In order to subordinate the HCD.
(vii)Exercising of advisory jurisdiction: Advisory jurisdiction is another important aspect of
the judiciary’s role in good governance. In Bangladesh article 106 of the constitution that the
president may seek the opinion of appellate. Division of the supreme court on a question of
law of great public importance.By giving this advisory opinion, the Supreme Court
significantly contributed to democratic governance in Bangladesh.

Conclusion: The foregoing discussion reveals that there is a close relationship between good governance
and judiciary. The judiciary plays the role of coordination between the other two organs of the state. Its
role is therefore not merely to setting disputes within the courtroom between two disputants, but also
about executive and administrative action.