Subordinate Court System of Bangladesh: Governance Challenges and Way Forward

Published: 30 November 2017

In Bangladesh’s judicial framework, the subordinate courts constitute one of the most important tiers in delivering judicial services. The majority of the country’s pending cases are under trial in these subordinate courts. These courts play a vital role in establishing the rule of law and ensuring justice in the country. In recent years, various positive initiatives have been undertaken to enhance the excellence and effectiveness of the subordinate courts. These include projects for the construction and expansion of court buildings, formation of case management committees, setting timelines and prioritization for case disposal, establishment of the Judicial Information Portal, adoption of the e-judiciary project, introduction of alternative dispute resolution mechanisms, and the provision of legal aid to the poor and disadvantaged litigants at government expense.

According to the findings of the study, the subordinate court system faces shortcomings in terms of adequate infrastructure, financial allocation, logistics, manpower, training, transparency, accountability, and integrity. Moreover, the dual institutional control exercised simultaneously by the Supreme Court and the Ministry of Law, Justice, and Parliamentary Affairs over the subordinate courts has created certain challenges. The study also reveals instances of bribery or irregular monetary transactions in case-related activities, as well as collusion among different stakeholders, which reflect various forms of corruption and irregularities.

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