NOW, IN ACCORDANCE WITH the Proclamation of Independence of Bangladesh, read with the Provisional Constitution of Bangladesh, 1972, and in the exercise of all the powers conferred on it in that name, the President is pleased to issue the following order: This book emphasizes that an independent judiciary for the existence of any society based on democratic values, is essential. such as respect for the rule of law and respect for the human rights of individuals. In order to ensure that the judiciary`s interpretation of the law is not bound by the will of the executive and that it is able to hold the executive to account by protecting the lives and freedoms of the governed, it is essential to ensure, inter alia, a transparent method of appointment and the security of judges` mandates. Given the importance of an independent judiciary in a democratic society, the drafters of the 1972 Constitution of Bangladesh, following in the footsteps of the drafters of the Constitutions of India and Pakistan, incorporated into the Constitution the ideal of preserving the independence of the judiciary as one of its fundamental characteristics. However, this book clearly shows that the key elements for the realization of such an ideal were not sufficiently guaranteed by the Constitution. Therefore, this book sheds light on how subsequent generations of leaders sought to undermine the independence of the judiciary. CONSIDERING that the Law Professionals Act should be amended and consolidated and that provision should be made for the establishment of a Bar Council for Bangladesh and related ancillary or ancillary matters; The Attorney General of Bangladesh is one of the members of the Ad Hoc Council of Lawyers and its Chairman. 4. 4 [Subject to the provisions of Article 8], the term of office of the Council of the Bar Association shall be three years, from the first day of 5 July following the general elections to the Council of Lawyers; and at the end of each term, the members of the Council of the Order terminate their functions. 11[8. (1) Elections to the Council of Lawyers shall be held in such a way that they shall end no later than the thirty-first day of May of the year in which the term of office of the Council of the Bar Association ends.

Accordingly, this book contains recommendations for the inclusion of detailed standards in the Constitution of Bangladesh to determine the best ways to exclude patronage appointments to the judiciary and ensure the security of judges` tenure. This book argues that the inclusion of such norms protects the independence of the higher judiciary to decide cases without fear or preference. This book therefore seeks to bridge the gap between theory and practice regarding the independence of the judiciary in Bangladesh. (2) If, due to a pandemic, epidemic, force majeure or other unavoidable circumstances determined by the Government from time to time, elections to the Council of Lawyers may not take place within the period referred to in point 1), the Government may, by notification in the Official Journal, form an ad hoc council of fifteen members for a term not exceeding one year: which cannot be further extended. 4. Notwithstanding what is contained in any other provision of this Decree, the Council of the Order ad hoc shall exercise the powers and functions of the Council of the Order as defined in this Regulation and the rules adopted under it.] ÐÐ3/4лÑÑÑÐ ̧ÑÑ Ð¿ÐμÑаÑÐ1/2ÑÑ Ð²ÐμÑÑÐ ̧Ñ ÑÑÐ3/4й кÐ1/2Ð ̧ð³ð ̧.