The personnel of the law most in the public eye are those who are connected with the administration of the legal system in Bangladesh. They are, the Chief Justice of Bangladesh, the Judges of the Supreme Coast of Bangladesh, Judicial Officers of the inferior or subordinate courts, Magistrates, Law Officers of the Government, and members of the legal professional. The administration of the legal system nonetheless depends upon many others such as the Officers and subordinate officials of the superior as well as subordinate courts.

The Chief Justice of Bangladesh

The Chief Justice of the Supreme of Bangladesh is constitutionally known as the Chief Justice of Bangladesh'. He is the head of the judiciary of the Stale. The President appoints him and his appointment is made to the Appellate Division2 of the Supreme Court. The Constitution does not prescribe any consultation to precede the making of such an appointment. In practice, the senior-most Judge of the Appellate Division of the Supreme Court is appointed to the office of the Chief Justice. All Judges of the Supreme Court of Bangladesh are appointed by the President' in consultation with the Chief Justice which is a practice.

Judges of the Supreme Court of Bangladesh

The President of Bangladesh appoints judges of the Appellate Division of the Supreme Court. The convention so far has been to appoint the senior most member of the High Court Division to the bench of the Appellate Division, though it is not required by the Constitution. Although the President appoints, he acts on the recommendation of the Chief Justice of Bangladesh.

The Republic of Bangladesh has partly followed the English practice of recruiting the Judges of the High Court Division from full time professional advocates accepting the understandable principle that from amongst those who have a thorough working experience of the trial procedure and well versed in the values implicit in the adjudication process are best able to preside and give judgment. In result, the majority of the Judges of the High Court Division are selected from amongst those who have put in a good length of standing practices in the Bar, commanding excellence and experience with abilities welt-recognized by the Judges before whom they long practiced. This system has been deemed to be a conducive one and effectual for the purpose of safeguarding and maintaining the traditional standards of the Judiciary.

As to the Constitutional qualification for the appointment of Judges of the High Court Division of the Supreme Court of Bangladesh, the condition precedent is that they must have either been, of necessity advocates of the Supreme Court for at least ten years4 or mast have held judicial office for ten years. Appointments from judicial service to the bench of the High Court Division are made on the basis of seniority and efficiency.

The salaries and pensions of the Judges of both the Divisions of the Supreme Court are not subject to vote of the Parliament. They are charged on the consolidated fund. A

Judge of the Supreme Court may hold office until he attains the age sixty two.' The remuneration, privileges and other terms and conditions of service of the Judges may not be varied to their disadvantage after appointment.7 A Judge can neither hold any office, post or position of profit or emolument, nor hr can take part in the management or conduct of any Company or Association or Body having profit or gain as its object.8 An en-Judge of the Appellate Division of the Supreme Court shall not practice at she bar, but a Judge of the High Court Division may practice only before the Appellate Division on retirement.

Supreme Judicial Council

A special provision in the Constitution of Bangladesh relating to the Judiciary is contained in Article 96 (3), which sets up a Supreme Judicial Council of three persons, namely the Chief Justice of Bangladesh and the two next senior Judges. The Supreme Judicial Council is inquired to issue a Code of Conduct to be observed by all the Superior Judges in Bangladesh and such a Code in fact, is issued to each new Judge on his appointment. Under Constitutions following the English pattern, the removal of Judges is brought about by an address to the Parliament of the country moved on behalf of the Government, but in Bangladesh, the provision is that when the President is of the opinion that a Superior Judge has been guilty of gross misconduct, or suffers from physical or mental incapacity in the performance of his duties, he shall issue a direction to the Supreme Judicial Council to enquire into the matter where the Judge concern is given an opportunity to defend, and make a report. If the report is adverse to the Judge, the

President would remove him from his office. No Judge may be removed otherwise than by this procedure, which is calculated to maintain the integrity of the superior judiciary for it, casts upon the serving Judges a duty to perform the disciplinary function in respect of the whole body of the superior judiciary.

Judicial Officers

Judicial Officers serve as presiding officers of different grades of courts subordinate to the High Court Division. The officers belong to a cadre service known as judicial service. The President makes appointment of persons to the offices in judicial service or an officer authorized by him.

Qualification for appointment as judicial officers is decided according to the regulations made by the Bangladesh Public Service Commission. For first appointment to the service, a candidate mast possesses at least a law degree of a recognized University. Age limit for entry in the service has been fixed at 30 years, relax able in the case of practicing advocates. The control and discipline of judicial officers stand vested in the President on consultation with the Supreme Court. A channel of regular promotion exists in this service. as Additional District and Sessions Judges. District Judges are appointed from She Senior Additional District Judges. District Judges are known as Sessions Judges in their criminal jurisdiction.

At present, no regular arrangement exists for training of Judicial Officers. At the most, new Judicial Officers are asked to watch a senior officer at work for a few months before they start deciding cases by themselves. The Law Committee constituted in 1976, in its report has given much stress for establishment of Judicial Service Academy for regular training of new entrants in the service.

Judicial Officers draw their salaries in the pay scales meant for them in the New National Grade and Scale of Pay introduced by the Government in 1977. Their salaries like those of the Superior Judges are charged upon the consolidated fund so Shut unlike other items of national expenditure, they do not have to be reviewed in the Parliament every year. The Judicial Officers are entitled to traveling allowance, on the first appointment as well as on transfer to a new place of posting. Transfer to a new station is normally made on completion of three years' service at one place.

Judicial Officers are subject to retirement at the age of 57. Retired officers receive a pension equal to sixty per cent of their salary if they have held office for 25 years, or a smaller pension for shorter service. They are immune from civil liability while acting in their judicial capacity.

At the end of 1978, eighteen District & Sessions Judges, thirty-five Additional District & Sessions Judges and thirty-seven Subordinate & Assistant Sessions Judges were working in the country. Besides, at the end of that year one hundred and forty one Munsifs were serving in the cadre service.

Judicial Officers are first appointed as Munsifs. Normally, a few years after crossing of the efficiency bar, they are promoted to serve as Subordinate Judges, if vacancies exist. Subordinate Judges also function as Assistant Sessions Judges in their criminal jurisdiction. From the post of Subordinate Judge, promotion lies to the post of Additional District Judge. Additional District Judges, when invested with sessions power, act

Magistrates

Except Metropolitan Magistrates, there is no whole-time Judicial Magistrate in Bangladesh. Magistrates of different tiers spare a portion of their time for judicial works and the rest of time in doing miscellaneous executive works.

Magistrates performing judicial functions are appointed by the President" or an Officer authorized by him. Qualifications for appointment as Magistrates are determined by the regulations of the Bangladesh Public Service Commission. It is not necessary for them to be holders of law degree, but they must be at least a Graduate of a recognized University. It is axiomatic that they should be suitable in character, integrity and understanding of the work they have to do. The control including the power of posting, promotion and grunt of leave and discipline of the Magistrates performing judicial functions vests in the President.

On first appointment, they are designated as Deputy Magistrates and are required to undergo a basic training courses at the Gazetted Officers Training Academy (GOTA). This helps sheet to understand the nature of their duties, to understand the nature and purpose of sentencing.

At the time of entry in the service, they mast have attained at least the age of twenty-one years. The statutory retiring age is 57 years like all other Government servants. Their salaries and pensions etc, like other Government servants, are determined according to the Government's service Rules and orders.