Daffodil International University
Faculty of Humanities and Social Science => Law => Topic started by: sirazi on November 24, 2015, 05:51:00 PM
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The Masdar Hossain case: the seedling becomes a tree!
Next to the Mohiuddin Farooque Case comes the landmark of the case of Masdar Hossain which actually shows the juncture of our constitutional transitions towards socio-economic rights. In this case, though the court does not seem to enforce the principle directly, it severely criticized the state for non-implementation of one of the fundamental principles of state policy, namely Article 22 of the constitution of Bangladesh, Focusing on the failure of separate the judiciary from the executive, the court observed:
“Article 22 of the constitution provides that the state shall ensure the separation of the judiciary from the executive organs of the State. though more than 29 years have elapsed since making of the constitution and its coming into force no effective steps have been taken to separate the judiciary from the executive organs of the State.”
In the above case, the court further adds that article 22 contemplates separation of judiciary from the other organs of the state and it is for the legislature to decide on this issue. However, by issuing certain directions to the executive in order to separate the judiciary, the Apex court of our country has come to play a significant role not only in clarifying the constitutional mandate of progressive realization of these principles but also in identifying the authority of “judicial evaluation” to be exercised as a mandated function.
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As we sow, so shall we reap.