Efficacy of administrative tribunals in Bangladesh: Jurisdictional, procedural and structural issues

Abstract

The thesis examines efficacy of Administrative Tribunals of Bangladesh to identify and explore in depth the implications of this major public law for practical applications. The findings of this examination are located and then interpreted with a view of assessing how far Bangladesh needs to go for having an effective Administrative Tribunal regime of a reasonable standard. Outlining the historical legacy and contemporary developments of Bangladesh including France, England, India and Pakistan, taking into consideration theories, analyzing everything so far as Administrative Tribunals are concerned, it is demonstrated that these Tribunals are yet to be developed in a coherent manner and are perceived by law-makers as alternative institutional mechanisms of justice rather than matters of public policy. Legislations do not contain any in-built mechanism to promote smooth justice and in many cases these remain part of the problem rather than part of the solution. Administrative Tribunals are efficient subject to defects or imperfections noted in the thesis, which means they have attained conditional efficacy; and efficacy in full swing will be reached after a specific time span. Indeed, it is a matter of no doubt that the search for efficacy of a single institution constantly remains a never-ending revisiting of issues and many possibilities of solutions cannot be predicted at all times, and for all places and all scenarios; and hence, what has been seen at present to occur in our Tribunals certainly calls for ameliorative efforts in the thesis. As a whole, it is proposed that the obstacles need to be addressed and require context-specific solutions. It is thus concluded by recommending steps to be followed by the state to strengthen this institution.