Law and Justice Wing of the Ministry of Law of Bangladesh
Legal Advisory Services
The Law and Justice Wing of the Ministry of Law, Justice and Parliamentary Affairs is entrusted with the duty of providing legal advisory services to other ministries, divisions, departments, and organizations of the Government.
The administrative control, management or relationship with the sub-ordinate/attached departments or offices, namely, the sub-ordinate Judiciary, Administrative tribunals, various other special Courts and Tribunals, Department of Registration, Office of the Attorney-General, Law Commission, Judicial Administration Training Institute, Office of the Administrator General and official Trustee (AGOT), Judicial Service Commission Secretariat, Marriage Registration, Government Pleaders, Public Prosecutors, Notary Public, etc. are exercised through this Wing of the Ministry. More specically, this wing has following responsibilities:-
Ø Advice to all Ministries, Divisions and offices of all legal and constitutional questions arising out of any case and on the interpretation of the Constitution and any law including international law.
Ø Conventions with other countries in judicial matters including questions relating to the International Court of Justice and references from United Nations Organisation relating to traffics in women and children and obscene publications and prevention of crime and treatment of offenders.
Ø Administration of justice.
Ø Jurisdiction and powers of all courts (except revenue courts) and tribunals; contempt of courts.
Ø Appointments and terms and conditions of service of chairman and members of courts and judicial tribunals.
Ø Fees taken in courts and tribunals; Judicial stamps; court-fees and stamp duties.
Ø Legal-proceedings and advice thereon.
Ø Matters relating to Government law officers; appointment and terms and conditions of service of attorney-general, additional attorney-general, deputy attorney-general, assistant attorney general, Government pleaders, public Prosecutors, Special prosecutors and legal advisers to all statutory corporations and bodies.
Ø Conduct of cases on behalf of the Government in all courts and tribunals.
Ø Appointment and terms and conditions of service of Administrator-General and Official Trustee; Official Receiver.
Ø Reciprocal agreements with foreign countries for the services of summons in civil suits and for the execution of decrees of civil courts, for the enforcement of maintenance orders and for the administration of the estates of foreigners dying in Bangladesh.
Ø Authorisation of officers to sign and verify claims or written statements in suits by or against the Governments.
Ø Posting, transfer, etc. of all Judicial Officers.
Ø Administration and control of subordinate offices and organisations under this Ministry.
Ø Liaison with International Organisations and matters relating to treaties and agreements with other countries and world bodies relating to subjects 'allotted to this Ministry.
By and large this wing has some special constitutional responsibilities. These are as follows:-
Ø Appointment of the Attorney-General of Bangladesh (Article- 64).
Ø Assignment of duties to the Attorney-General, determination of his remuneration and termination of his office (Article- 64(2) & (4)).
Ø Appointment and resignation of the Judges of the Supreme Court of Bangladesh (Article- 95 (1)).
Ø Removal of the Judges of Supreme Court of Bangladesh (Article- 96(2)).
Ø Performance of the duties of the Chief Justice by the next senior Judge of the Appellate Division of the Supreme Court (Article- 97).
Ø Appointment and resignation of Additional Judges of Supreme Court (Article- 98).
Ø Holding of Sessions of High Court Division at places other than the Capital (Article- 100).
Ø Obtaining opinion of the Supreme Court on a question of law (Article- 106).
© Ministry of Law, Justice and Parliamentary Affairs, Bangladesh