Career Prospect of the Judicial Service of Bangladesh

Career Prospect of the Judicial Service

(A) Pay Structure of the members of the Judicial Service as declared by the Government on 02 December, 2009

                 Designation                                                                          Pay scale

District Judge/Sessions Judge/                                                         29000-1100×6-35600
Metropolitan Sessions Judge

Additional District Judge/Additional Sessions Judge/                   25750-1000×8-33750
Additional Metropolitan Sessions Judge

Joint District Judge/ Joint Sessions Judge/                                     22250-900×10-31250
Joint Metropolitan Sessions Judge

Senior Assistant Judge/                                                                   18500-800×14-29700
Senior Judicial Magistrate/ Metropolitan Magistrate 

Assistant Judge/ Judicial Magistrate (Senior Scale)                      15000-700×16-26200

Assistant Judge/ Judicial Magistrate                       11000-490×7-14430-540×11-20,370

(B) Who can apply at the entry level i.e. for the posts of Assistant Judge/Judicial Magistrate: Any person who is-

(i) a citizen of Bangladesh;

(ii) obtained LL.B degree in 2nd class or LL.M. degree in 2nd class from any recognized university; and

(iii) having the age not exceeding 30 years.

(C) As per para 9(1) of the Bangladesh Judicial Service (Pay-allowances) Order, 2009 if a person having enrollment in the Bar Council as an Advocate be appointed as an Assistant Judge or Judicial Magistrate shall be entitled to draw one advance increment on the very date of joining the service.

(D) Members of the judicial service holding full time judicial posts shall be entitled to draw 30% of his basic pay as Judicial Allowance with effect from 31 June, 2009.

(E) Every member of the judicial service will get a Rob allowance 5 times during his entire career at the rate of tk 5000/- each time.

(F) Any judicial officer posted in Hill Tracts district namely- Rangamati, Bandarban & Khagratory shall be entitled to draw hill allowance @ tk 3000/- per month.

 
(G) Members of the judicial service posted on deputation shall draw deputation allowance @ 20% of their basic pay.

In addition to those pay and allowances members of the judicial service shall get other financial benefits including festival bonus, traveling allowances etc. as per orders passed by the Government from time to time.

Terms and conditions for appointment and promotions against judicial vacancies of different tiers of the service:

In the posts of Assistant Judge and Judicial Magistrates the qualified persons are appointed directly through the BJSC- Competitive Examinations time to time arranged by the Commission. There is no scope of lateral entry at any other higher tiers of the service. However on completion of certain period and making satisfactory performance at a judicial post, any member of the service may be promoted to the higher posts subject to availability of vacancies. The highest post of the service is the District and Session Judge.

The President of the Republic may also appoint a person having not less than 10 years judicial service as a Judge of the High Court Division of the Supreme Court. It may be noted that the posts of the Judges of the High Court Division are constitutional posts not  included in the service.

Civil Courts

Constitution is the supreme law of the country and its guardianship has been entrusted upon the Supreme Court of Bangladesh in view of article 7 of the Constitution. Although the constitution speaks about the Supreme Court but in legal sense there is no such judicial entity in the name of the Supreme Court. It has to function through its two divisions, namely, the Appellate Division and the High Court Division.

 
Fundamentally the powers and functions of both the divisions are determined by the constitution.

In strict sense, the Appellate Division is the highest court of the Republic. It has no original jurisdiction except an extra-ordinary advisory jurisdiction as enunciated in article 106 of the Constitution. Such advisory jurisdiction however, does not partake of its judicial character.

The High Court Division is the second tier of the supreme judiciary. Albeit it is a division of the Supreme Court but for practical purposes it is an independent court having its powers, functions and jurisdictions well-defined and determined by the Constitution and other laws of the land.

 
The High Court Division has both appellate as well as original jurisdiction. It has a special jurisdiction to hear writ applications under article 102 of the Constitution.

 
Present unique position of the supreme court, in large part, stems  from the deep commitment of our people to the rule of law.

Civil Courts in the District Level

Court of the District Judge

A District Judge exercises administrative control over all civil courts within the local limit of his jurisdiction. The local limit is determined by the Government. His administrative and judicial function are supervised and controlled by the High Court Division of the Supreme Court under art. 109 of the constitution. A District Judge has, in respect of all civil suits in his district both appellate and revisional jurisdiction. In some cases the District Judge has got original Jurisdictions.

Court of Additional District Judge

Judicial functions of an Additional District Judge is similar to that of a District Judge. He tries those cases which are transferred to his court from the Court of the District Judge or from the Court of other Additional District Judges. When the business of Judicial works pending before any District Judge requires the aid of Additional District Judges for its speedy disposal, the government may having consulted the Supreme Court appoint such number of the Additional District Judges as may be required.

Additional District Judges so appointed shall discharge any of the functions of a District Judge which the District Judge may assign to them, and, in the discharge of those functions they shall exercise the same powers as the District Judges do. Such power includes both revisional and appellate jurisdiction.

Court of Joint District Judge

There may be one or more Joint District Judge in a district. The limit of his local jurisdiction is determined by the District Judge subject to any general or special order of the High Court Division. The Government by the notification in the Official Gazette fix the place of sitting of Joint District Judges.

Ordinarily a Joint District Judge exercises two types of powers, namely, original and appellate jurisdictions. His pecuniary jurisdiction in original suit is unlimited. A District Judge may transfer to a Joint District Judge under his administrative control any pending appeal from the decree or order of a Senior Assistant Judge or Assistant Judge. The appeals so transferred are disposed of by the Joint District Judge in exercise of his appellate power as a delegate of the District Judge. In some cases Joint District Judges have been invested with power to act as the Small Causes Courts upto such value not exceeding twenty thousand taka. An appeal from a decree or order of a Joint District Judge lies in the court of the District Judge, where the value of the original suit in which or in any proceeding arising out of which the decree or order was made did not exceed five lacs taka, and to the High Court Division in all other cases of any valuation exceeding five lacs.

Court of Senior Assistant Judge

Senior Assistant Judge's Court is a Court of first instance and it exercises original jurisdiction. Normally it's pecuniary jurisdiction extends to the suits the value of which does not exceed taka four lacs. A Senior Assistant Judge also exercises the power of the Small Causes Court in some cases where the value of the suit does not exceed ten thousand taka. Normally an appeal from a decree or order of a Senior Assistant Judge would lie to the District Judge. According to the Family Court's Act, the Senior Assistant Judges also function as the Judges of Family Courts.

 
Court of Assistant Judge

Court of Assistant Judge stands at the bottom of the hierarchy of Civil Courts in Bangladesh. It exercises original jurisdiction hearing and disposing of the suits/cases relating to the rights to property or offices located within its territorial jurisdiction.

 
Normally, it's pecuniary jurisdiction extends to the suits the value of which does not exceed taka two lacs. An appeal from a decree or order passed by an Assistant Judge lies to the Court of District Judge. Assistant Judges are the ex-officio Judges of Family Courts.

Small Causes Court

Under the Small Causes Courts Act, 1887, this Court has jurisdiction over every suit falling within certain descriptions and pecuniary limits, unless such suit is expressly barred from taking cognizance by a Small Causes Court under the Schedule of the Act or any other enactments.

Criminal Courts of the Metropolitan Area & District Level

Metropolitan Session Judge

The Government as the power to establish court of sessions for each metropolitan area and shall be called the Metropolitan Courts of Sessions. Metropolitan Session Judges exercises all powers of District Sessions Judges. A Session Judge may pass any sentence authorized by law but any sentence of death passed by such judge shall be subject to confirmation by the High Court Division. Presently there are Metropolitan Courts of Sessions in Dhaka & Chittagong. But in other 4 metropolitan areas such courts have not yet been established.

Additional Metropolitan Session Judge

The Government may also appoint as many Additional Metropolitan Session Judges as required and they exercises the same power and passes the same sentence like a Metropolitan Courts of Sessions.

Joint Metropolitan Session Judge

The Government may appoint as many Joint Metropolitan Session Judges as required and they may pass any sentence authorized by law except a sentence of death or life imprisonment or imprisonment for a term exceeding 10 years.

District Session Judge

The Government may appoint a court of session for every sessions division. Each administrative district is considered as a sessions division. The District Judges functioning in the districts are vested with the powers of the District Sessions Judges. A District Sessions Judge may pass any sentence authorized by law but any sentence of death passed by such judge shall be subject to confirmation by the High Court Division.

Additional District Session Judge

The Government may appoint such number of Additional Session Judges as may be required. The Additional District Judges functioning in the districts are vested with the powers of the Additional Sessions Judges. An Additional Sessions Judge may pass any sentence authorized by law but any sentence of death passed by such judge shall be subject to confirmation by the High Court Division. Additional Sessions Judges so appointed shall discharge any of the functions of a Sessions Judge which the Sessions Judge may assign to them, and in the discharge of those functions they shall exercise the same powers as the Sessions Judges do. Such power includes both revisional and appellate jurisdiction of the Criminal Courts.

Joint Session Judge

The Government may appoint such number of Joint Sessions Judge as may be required. The Joint District Judges functioning in the districts are vested with the powers of the Joint Sessions Judges. A Joint Sessions Judge may pass any sentence authorized by law except a sentence of death or life imprisonment or imprisonment for a term exceeding 10 years.

Judicial Magistracy

Metropolitan Magistracy

In every metropolitan area the Chief Metropolitan Magistrate (CMM), Additional Chief Metropolitan Magistrate (ACMM) & other Metropolitan Magistrates (MM) shall be appointed from among the persons employed in the Bangladesh Judicial Service. The Government may appoint one person as the CMM and one or more than one persons may be appointed as ACMM, and such ACMM shall have all or any of the powers of the CMM under this code or under any other law for the time being in force, as the Government may direct. Metropolitan Magistrates (MMs) appointed in the Metropolitan Magistracy shall have the powers of a 1st class Magistrate.

District Magistracy

In every district outside metropolitan area there shall be one Chief Judicial Magistrate (CJM), one or more Additional Chief Judicial Magistrate (ACJM), and such number of Judicial Magistrates (JMs) as required from the persons employed in the Bangladesh Judicial Service. An ACJM shall have all or any powers of the CJM under this code or under any other law for the time being in force, as the Government may direct. The government may in consultation with the High Court Division and in some cases the Chief Judicial Magistrate (CJM) may from time to time define local areas within which the Judicial Magistrates may exercise all or any of the powers with which they may be invested under this code. Judicial Magistrates may be a Magistrate of the 1st class or 2nd class or 3rd class and they may pass the quantum of sentences following the scale prescribed in section 32 of the code of Criminal Procedure.

Executive Magistracy

In every district and in every metropolitan area the Government shall appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate (DM). The Government may also appoint any Executive Magistrate to be an Additional District Magistrate, and such Additional District Magistrate shall have all or any of the powers of a District Magistrate under this Code or under any other law for the time being in force, as the Government may direct.

The Government may, or subject to the control of the Government, the District Magistrate may, from time to time, by order define local areas within which the Executive Magistrate may exercise all or any of the powers with which they may be invested under this Code and, except as otherwise provided by such definition, the jurisdiction and powers of every such Executive Magistrate shall extend throughout the District.

The Government may, if it thinks expedient or necessary, appoint any persons employed in the Bangladesh Civil Service (Administration) to be an Executive Magistrate and confer the powers of an Executive Magistrate on any such member.

All persons appointed as Assistant Commissioners, Additional Deputy Commissioners or Upazila Nirbahi Officer in any district or Upazila shall be Executive Magistrates and may exercise the power of Executive Magistrate within their existing respective local areas.