View with images and charts Report On Judicial Administration Introduction: Jurisprudentially, all human being are equal before the eyes of law irrespective of race, sex, colour, class or position in the society and are entitled to have equal protection of law. The ordinary Courts of law are also set up to establish this issue and more specifically, to settle disputes arising out between individuals. Perhaps the most important of the functions of the State is that which it discharges as the guardian or order; preventing and publishing all injuries to itself, and all disobedience to the rules which it has laid down for the common welfare.1 The framers of the Constitution of Bangladesh considered the importance of tribunal with due care and there are as many as sixteen references regarding ‘tribunal’ in the Constitution.2 Bangladesh inherited its legal system from English Common Law, where the issue relating to administrative affairs are dealt by the ordinary Courts of law. In contrast, in France there is a separate system. The Droit Administratis with council d’ etat have separate hierarchy to decide all administrative disputes. There are also instances of countries which adopted a mixed or combination of both the system. Bangladesh, Pakistan or India is the examples of countries which adopt a mixed system. Tribunals are mainly a twentieth-century phenomenon, for it was long part of the conception of the rule of law that the determination of questions of law- that is to say, question which require the findings of facts and the application of definite legal rules or principles – belonged to the Courts exclusively. It should be mentioned here that in international arena, there is Administrative Tribunal of International Labour Organization established in 1927. In 1932, The Institute of Agriculture established a tribunal. The United Nations established its own tribunal. Chapter One Definition of Tribunal: It is not possible to define the word ‘tribunal’ precisely and scientifically. The word ‘Tribunal’ is derived from the word ‘tribune’. Dictionary meaning of the word ‘tribune’ is a magistrate of Republican Period of Rome elected by the Roman Plebeians to defend their right; a champion of popular rights; a name for a newspaper; a platform for speaking from; a raised area for stand; bishop’s stall or throne. Tribunal judgment seat; Court of justice of arbitration; a body appointed to adjudicate in some matters. In common parlance dictionary meaning of the word ‘tribunal’ is ‘Court of justice’ or ‘seat of a Judge’. Tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes - whether or not it is called a tribunal in its title. For example, an advocate appearing before a Court on which a single Judge was sitting could describe that judge as 'their tribunal'. Many governmental bodies that are titled 'tribunals' are so described to emphasize the fact that they are not courts of normal 1
Holland, Sir Thomas Erskine; The Elements of Jurisprudence, p.378 Articles 35(2), 49, 52(2), 88(e), 102(5), 103(4), 109 and 117. There are also references of the word ‘tribunal’ in the Fourth Schedule to the Constitution of Bangladesh, 1972. 2