INTRODUCTION
The constitution is the some total of rules and rituals. In our country there are some organizations those are made by the act provided by our constitution. We call these organizations as constitutional bodies. These constitutional bodies are the special divisions parts of our government. These are the ruling authority of our country.
WHAT IS THE CONSTITUTIONAL BODY
Constitutional body is a body which is formed to continue the objectives of the Constitution. Examples are Supreme and High Courts, Election Commission of Bangladesh etc. Constitutional body is the organization which is formed by act of constitution. Constitutional bodies those are not changeable and not appointed by any political perspective. The government of Bangladesh has some organizations under the Constitution. These constitutional organizations are working as statutory bodies of Bangladesh Government through which the legislative activities are being implemented.
CONSTITUTIONAL BODIES
There are many constitutional bodies in our country. The constitutional bodies are briefly described below.
Bangladesh Public Service Commission (BPSC):
The Bangladesh Public Service Commission (BPSC) is a quasi judicial body established in 1972 under the Constitution of the People's Republic of Bangladesh. It works under the provisions of the Article 137 - 141 of the Constitution of Bangladesh and certain other rules and regulations made by the government from time to time. The Chairman and such other members as shall be prescribed constitute the commission. There is also a full fledged Secretariat to assist the Commission. The Chief Justice of the country administers the oath for Chairman and the members of the commission. The tenure of the Chairman and members of the commission is 5 (five) years or 65 years of age whichever comes earlier. If the age permits the tenure can be renewed for one more term. The chairman and the members are appointed by the Honorable President of our country.
Objectives of Bangladesh Public Service Commission:
To help Govt. To establish an appropriate civil service for the 21st century through selection of capable & efficient officials for the Republic who would be endowed with high level of integrity and dynamism.
Mission of Bangladesh Public Service Commission:
There are three basic mission of Bangladesh Public Service Commission. The three missions are (a) Selection of suitable candidates for the services of our country. (b) To help the government in formulating a welfare oriented service condition for its employees, and (c) To help the government in maintaining discipline in the service.
Organizational Structure of Bangladesh Public Service Commission:
The BPSC consists of the Commission and a Secretariat headed by the Chairman. Where the Commission consists of the Chairman & Members. The Secretariat consists of a Secretary assisted by a Joint Secretary, Deputy Secretaries, Assistant Secretaries and other related supporting staff. This is the main administrative setup of our public service commission. There are other organs under the secretariat consisting of the Controllers of Examination, Chief Psychologist, Directors, Deputy Directors, Assistant Directors, Administrative Officers, Personal Officers and related other supporting staff who are engaged in assisting the commission in discharging their constitutional obligation.
There are 12 functional units under the Secretariat to assist the Commission in discharging their constitutional responsibilities. There is also a library and a research section. The research section prepares the Annual Report of the commission for submitting before the Honorable President. There is a computer section headed by a Senior System Analyst along with System Analyst, Programmer, Assistant Programmers and other related staff. The computer section performs a major role in processing the results of different examinations maintaining high standard of security and accuracy.
Criticism of Bangladesh Public Service Commission:
The Public Service Commission of our country formed for doing god for our country but it doesn't working well. We see there are many fault in recruitment of employee in service. We know many leakage of question paper. Question trade is the common seen in the history of PSC.
We see in every recruitment PSC members take a huge amount of bribe to one seat in service. The recruitment held under the act Bangladesh Civil Service Recruitment Rules 1981, and we see that these rules are out of date. There is a rule that the total number of vacancies is distributed among persons on the basis of Merit and Quota reservation otherwise known as district quota, but this not in use, it is in constitution. We know Freedom Fighter quota, Women, Tribal and other quota belongs on quota system but we didn't get the facility properly.
Election Commission (EC):
Article 118 of the Constitution provides for the establishment of an Election Commission for Bangladesh consisting of a Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time direct. The appointment of the Chief Election Commissioner and other Election Commissioners are made by the President. When the Election Commission consists of more than one person, the Chief Election Commissioner is to act as its Chairman. Under the Constitution the term of office of any Election Commissioner is five years from the date on which he enters upon office. A person who has held office as Chief Election Commissioner is not eligible for appointment in the service of the Republic. Any other Election Commissioner is, on ceasing to hold such office, eligible for appointment as Chief Election Commissioner, but is not eligible for appointment in the service of the Republic.
Powers of Election Commission (Article 118(4) and 126 of the Constitution, read with Article 4 of the Representation of the People Order, 1972): The Election Commission is an independent constitutional body in the exercise of its functions and subject only to the Constitution and any other law. The Commission may authorize its Chairman or any of its members or any of its officers to exercise and perform all or any of its powers and functions under the law. Article 126 of the Constitution and Articles 4 and 5 of the Representation of the People Order, 1972 provide that it shall be the duty of all executive authorities to assist the Election Commission in the discharge of its functions. The Commission has the power to require any person or authority to perform such functions or render such assistance for the purpose of election as it may direct.
Activities of the (EC):
The key functions of the EC are preparation of electoral rolls, holding elections to the office of the President and MPs and any such elections, and delimit the constituencies for the purpose of elections to parliament.
Since 1971, voter registrations have been done in 1973, 1976, 1983, 1989, 1995, 2000 and 2006, before each national election. Every time a new voter list was prepared without taking into concern updating the previous list. The provision for updating voter list before each election was highlighted through the debate raised from the controversial activities by the present CEC, as he decided to go for a fresh voter list. The task of EC is to regulate election and made election transparent to all people.
Criticism of Election Commission (EC):
The main duty of Election is to made election transparent and clear to the people but we seen many election where transparency is out of thought. In past many Union Parishad Election held there is no proper audit. Nowadays election commission formed politically, political leaders select who will be election commissioner. Now there is no accountability in election commission.
Comptroller & Auditor General (CAG)
The Constitution of The People's Republic of Bangladesh provides independence to the office of the Comptroller & Auditor General (CAG) . Under the authority of the CAG, audit of public accounts of the Republic, government agencies, public bodies and public companies is conducted and reports are submitted to the Parliament. The office of the CAG assists the National Parliament in ensuring accountability and transparency of the Government in the use of public resources.
Establishment of office of Auditor-General
There is a Comptroller and Auditor-General of Bangladesh (hereinafter referred to as the Auditor-General) who is appointed by the President. Subject to the provisions of this Constitution and of any law made by Parliament, the conditions of service of the Auditor-General shall be such as the President may, by order, determine.
Functions of Auditor-General
The public accounts of the Republic and of all courts of law and all authorities and officers of the Government shall be audited and reported on by the Auditor-General and for that purpose he or any person authorized by him in that behalf shall have access to all records, books, vouchers, documents, cash, stamps, securities, stores or other government property in the possession of any person in the service of the Republic.
Without prejudice to the provisions of clause (1), if it is prescribed by law in the case of anybody corporate directly established by law, the accounts of that body corporate shall be audited and reported on by such person as may be so prescribed.
Parliament may by law require the Auditor-General to exercise such functions, in addition to those specified in clause (1), as such law may prescribe, and until provision is made by law under this clause the President may, by order, make such provision.
The Auditor-General, in the exercise of his functions under clause (1), shall not be subject to the direction or control of any other person or authority.
Term of office of Auditor-General
The Auditor-General shall, subject to the provisions of this article, hold office for five years from the date on which he entered upon his office, or until he attains the age of sixty five years, whichever is earlier.
The Auditor-General shall not be removed from his office except in like manner and on the like ground as a judge of the Supreme Court. The Auditor-General may resign his office by writing under his hand addressed to the President. On ceasing to hold office the Auditor-General shall not be eligible for further office in the service of the Republic.
Acting Auditor-General
At any time when the office of Auditor-General is vacant, or the President is satisfied that the Auditor-General is unable to perform his functions on account of absence, illness or any other cause, the President may appoint a person to act as Auditor-General and to perform the functions of that office until an appointment is made under article 127 or, as the case may be until the Auditor-General resumes the functions of his office.
Reports of Auditor-General to be laid before Parliament
The reports of the Auditor-General relating to the Reports of public accounts of the Republic shall be submitted to the President, who shall cause them to be laid before Parliament.
Criticism of Comptroller & Auditor General:
We see at any Department and Divisions, at any Ministry CAG can Audit, and it is the responsibility of Comptroller and Auditor General. But the real picture is that audit division make report on the basis of their own mind. They do not reflect the real picture of that department of our country. If the audit division work properly then there will be so transparent in all tasks.
Attorney-General
Attorney-General for Bangladesh is appointed by the President under article 64(1) of the Constitution, who is qualified to be appointed as a judge of the Supreme Court. The Attorney General is empowered to participate in any reference to Supreme Court made by the President under article 106 of the Constitution and can express his own opinion. The Attorney General is the highest law officer of the Republic appointed by the President. His position is a constitutional post. In order to be appointed as an Attorney General, a person must be qualified to be a Judge of the Supreme Court [Article 65(1) of the Constitution]. He performs such duties as may be assigned to him by the President [Article 65(2)]. He holds office during the pleasure of the President and receives such remuneration as the President may determine [Article 65(4)]. The office of the Attorney General is not an office of profit and therefore holding this office is not debarred from being elected as a Member of Parliament. However, unlike the British system, traditionally and historically Attorney Generals have not been Members of Parliament in Bangladesh.
Criticism of Attorney General:
Attorney General is the person who selected by the Honorable President of our country. Now we see the attorney generals are selected by political leaders. The highest lawyer of our country selected by political persons. We can't think of attorney general without political power. If one perfect lawyer doesn't have any political background in fact he is a senior in his profession. In our country attorney general work for the sake of ruling party but he should work for the people of that country. We see that Lemon is innocent college student, but Rapid Action Battalion accused him as a terrorist, they try to prove him a guilty. In this situation attorney general should judge to Lemon, but the reality is the opposite. In our country economically backward people don't get justice because of bureaucratic red tapism, corruption and lack of lobbying.
Other Constitutional Bodies.
The President.
There shall be a President of Bangladesh who shall be elected by members of Parliament in accordance with law. The President shall as Head of State, take precedence over all other persons in the State, and shall exercise the powers and perform the duties conferred and imposed on him by this Constitution and by any other law. In the exercise of all his functions, save only that of appointing the Prime Minister pursuant to clause (3) of article 56 and the Chief Justice pursuant to clause (1) of article 95, the President shall act in accordance with the advice of the Prime Minister. Provided that the question whether any, and if so what, advice has been tendered by the Prime Minister to the President shall not be enquired into in any court.
A person shall not be qualified for election as President if -
He is less than thirty-five years of age; or
He is not qualified for election a member of Parliament; or
He has been removed from the office of President by impeachment under this Constitution.
The Prime Minister shall keep the President informed on matters of domestic and foreign policy, and submit for the consideration of the Cabinet any matter which the President may request him to refer to it.
Prerogative of mercy: The President shall have power to grant pardons, reprieves and respites and to remit, suspend or commute any sentence passed by any court, tribunal or other authority.
Term of office of President: Subject to the provisions of this Constitution, the President shall hold office for a term of five years from the date on which he enters upon his office;
Provided that notwithstanding the expiration of his term the President shall continue to hold office until his successor enters upon office.
No person shall hold office as President for more than two terms, whether or not the terms are consecutive. The President may resign his office by writing under his hand addressed to the Speaker.
The President during his term of office shall not be qualified for election as a member of Parliament, and if a member of Parliament is elected as President he shall vacate his seat in Parliament on the day on which he enters upon his office as President.
President's immunity: Without prejudice to the provisions of article 52, the President shall not be answerable in any court for anything done or omitted by him in the exercise or purported exercise of the functions of this office, but this clause shall not prejudice the right of any person to take proceedings against the Government.
During his term of office no criminal proceedings whatsoever shall be instituted or continued against the President in, and no process for his arrest or imprisonment shall issue from, any court.
Impeachment of the President:
The President may be impeached on a charge of violating this Constitution or of grave misconduct, preferred by a notice of motion signed by a majority of the total number of members of the Parliament and delivered to the speaker, setting out the particulars of the charges, and the motion shall not be debated earlier than fourteen nor later than thirty days after the notice is so delivered; and the Speaker shall forthwith summon Parliament if it is not in session. The Conduct of the President may be referred by Parliament to any court, tribunal or body appointed or designated by Parliament for the investigation of a charge under this article. The President shall have the right to appear and to be represented during the consideration of the charge. If after the consideration of the charge a resolution is passed by Parliament by votes of not less than two-thirds of the total number of members declaring that the charge has been substantiated, the President shall vacate his office on the date on which the resolution is passed.
Where the Speaker is exercising the functions of the President under article 54 the provisions of this article shall apply subject to the modifications that the reference to the Speaker in clause (1) shall be construed as a deference to the Deputy Speaker, and that the reference in clause (4) to the vacation by the President of his office shall be construed as a reference to the vacation by the Speaker of his office as Speaker; and on the passing of a resolution such as is referred to in clause (4) the Speaker shall cease to exercise the functions of President.
Removal of President of ground of incapacity.
The President may be removed from office on the ground of physical or mental incapacity on a motion of which notice, signed by a majority of the total number of members of Parliament, is delivered to the Speaker, setting out particulars of the alleged incapacity. Removal of President on ground of incapacity.
On receipt of the notice the Speaker shall forthwith summon Parliament if it is not in session and shall call for a resolution constituting a medical board (hereinafter in this article called "the Board") and upon the necessary motion being made and carried shall forthwith cause a copy of the notice to be transmitted to the President together with a request signed by the Speaker that the President submit himself within a period of ten days from the date of the request to an examination by the Board. The motion for removal shall not be put to the vote earlier than fourteen nor later than thirty days after notice of the motion is delivered to the Speaker, and if it is again necessary to summon Parliament in order to enable the motion to be made within that period, the Speaker shall summon Parliament.
The President shall have the right to appear and to be represented during the consideration of the motion. If the President has not submitted himself to an examination by the Board before the motion is made in Parliament, the motion may be put to the vote, and if it is passed by the votes of not less than two-thirds of the total number of members of Parliament, the President shall vacate his office on the date on which the motion is passed.
If before the motion for removal is made is Parliament, the President has submitted himself to an examination by the Board, the motion shall not be put to the vote until the Board has been given an opportunity of reporting its opinion to Parliament. If after consideration by Parliament of the motion and of the report of the Board (which shall be submitted within seven days of the examination held pursuant to clause (2) and if not so submitted shall be dispensed with) the motion is passed by the votes of not less than two-thirds of the total number of members of Parliament, the President shall vacate his office on the date on which the resolution is passed.
The Supreme Court of Bangladesh:
The Supreme Court of Bangladesh is the highest court of law in Bangladesh. It is composed of the High Court Division and the Appellate division, and was created by Part VI Chapter I of the Constitution of Bangladesh adopted in 1972. This is also the office of the Chief Justice, Appellate Division Justices, and High Court Division Justices of Bangladesh. As of October 2012, there are 7 Justices in Appellate Division and 98 (74 are permanent and 24 are additional) in High Court Division.
Structure of Bangladesh Supreme Court:
Supreme Court of Bangladesh divided in two parts. First, the Appellate Division and second is the High Court Division. The High Court Division hears appeals from lower courts and tribunals; it also has original jurisdiction in certain limited cases, such as writ applications under article 102 of the Constitution of Bangladesh, and company and admiralty matters. The Appellate division has jurisdiction to hear appeals from the High Court Division. The Supreme Court is independent of the executive branch, and is able to rule against the government in politically controversial cases.
Criticism of Bangladesh Supreme Court:
In fact Bangladesh Supreme Court is the highest court in our country, it should more transparent. Now the rate of corruption in supreme court is low than before. In the past there were many problems in supreme court.
The Chief Justice of Bangladesh:
The Chief Justice of Bangladesh and other judges of the Supreme Court are appointed by His Excellency the President of Bangladesh with prior mandatory consultation with the Prime Minister. The entry point to the sit of judges in the High Court Division is the post of Additional Judge who are appointed from among the practicing Advocates of the Supreme Court Bar Association and from the judicial service under the provision of article 98 of the constitution for a period of two years. The current ratio of such appointment is 80%-20%. Upon successful completion of this period and upon recommendation by the chief Justice an Additional Judge is appointed permanently by the President under the provision of article 95 of the constitution. The judges of the Appellate Division are also appointed by the Honorable President under the same provision. All such appointments come into effect on and from the date of taking oath by the appointee under the provision of article 148 of the constitution.
Criticism of Chief Justice:
The Chief Justice is the constitutional body and chief justice should be transparent. Now we see many decision go to the ruling party and it is proved that the chief justice is a politically influenced person. If the chief justice nonpolitical then people will get good facility.
Speaker and Deputy Speaker:
Election of Speaker and Deputy Speaker:
At the first sitting after a general election, Parliament presided over by the outgoing Speaker or, in his absence, by the Deputy Speaker, proceeds first to elect a Speaker and a Deputy Speaker in the manner laid down in the Rules of Procedure. A person however cannot preside over his own election. After the election of the Speaker and the Deputy Speaker, the House is adjourned for a short period so as to enable the newly elected Speaker and Deputy Speaker to take oath of their office. The House then meets with the new Speaker presiding.
Powers and Functions of Speaker and Deputy Speaker:
In exercise of his powers whether vested in him by the Constitution, the Rules of Procedure or any other law, the Speaker of Jatiyo Shangshad like his counterparts in any parliamentary democracy of the Westminster model, assumes a neutral role. He conducts, but does not take part in, the proceedings of the House. The Speaker cannot vote on any motion under discussion in the House. Only in case of a tie or equality of votes, he has to exercise his casting vote so as to help the House avoid a stalemate and arrive at a discussion.
The powers and functions of the Speaker emanate from the Constitution and the Rules of Procedure. Some statutes have also vested him with some powers, duties and responsibilities.
The constitutional powers and responsibilities of the Speaker include the following:
a. The Speaker performs the functions of the President, if there is a temporary vacancy in that office or if the President is unable to perform his functions until a President is elected or the President resumes his duties, as the case may be.
b. The Speaker administers oath to Members of Parliament or nominates someone to do so.
c. A person elected as Member of Parliament has to take oath of his office within 90 days of his election or lose his seat. The Speaker can extend this period for good cause;
d. Should a dispute arise as to the leadership of a parliamentary party, the Speaker has been invested with powers to resolve the dispute following the procedure laid down in clause (2) of Article 70 and determine its leadership by the majority of votes through a division;
e. The Speaker causes a notification to be issued by the Parliament Secretariat declaring the seat of a member of Parliament vacant on account of death, resignation, failure to take oath within 90 days of his election or within the time extended for this purpose by the Speaker, absence from Parliament without leave for ninety consecutive sitting days;
f. The Speaker also causes similar notification to be issued when a member resigns from, or votes against, the party which had nominated him/her as a candidate at the election or if a member earns any disqualification that make a person ineligible for election as a Member of Parliament. If, however, any dispute arises on these matters, the Speaker refers the matter to the Election Commission for a decision.
Criticism of the Speaker and the Deputy Speaker:
The Speaker and the Deputy speakers are the other constitutional body in our country. They are selected by the Member of Parliaments. They are selected for control the parliament equally, but they seem to be a step mother to the opposite party of ruling party.
Conclusion
At the end we can say that the constitutional bodies of our country play a vital role in governing. Constitutional bodies are essential elements for our country. We can't think of our country without constitutional bodies. The constitutional bodies are the ruling authority of our country. So, the country is needed constitutional bodies to run properly.
Bibliography:
The constitution of Bangladesh.
http://www.parliament.gov.bd/Constitution_English/part4.htm
http://www.ecs.gov.bd/English/index.php
http://www.sonarbangladesh.com/articles/BarristerNazirAhmed
http://www.bangladesh.gov.bd/index
http://www.bpsc.gov.bd
http://www.cagbd.org
http://www.minlaw.gov.bd/attorneygeneraloffice.htm
http://www.banglapedia.org/httpdocs
azam_iqbal/dept. of public administration /2012/2
