Rule of Law and Democratic Right Jahangir Alam Sarker All of us know that rule of law means supremacy of law. After the formation of government the principal of the state polices shall have to be the supremacy of law in all walk of it. Simultaneously all the citizens of the state shall be considered equally in the eye of law. Democracy is closely related to the application of the rule of law. The present world means democratic world. Whatever may be in reality, the governments of almost all the countries of the world claim themselves to be democratic by any means. The rule of law can find place in society with the highest supremacy of law and equality in its eyes. So it is presumed that there can be no country where there prevails no law or constitution. Such law or constitutions are not the same but there are differences. Though the democracy of our country is not set up on strong foundation yet attempts have been launched to give it institutional shape. It is true that the shape of democracy which was intended to be given during 39 years has not been achieved as yet. The main cause of non-fulfillment of the expected result is the undemocratic mentality and vindication. One of the main features of the constitution of Bangladesh is the rule of law. According to article: 27 of the constitution, all the citizens of Bangladesh are equal in the eye of the law and entitled to get equal shelter under it without any difference and discrimination. Shelter under law and behaving according to law are the inalienable right of all the citizens. According to the procedure no action can be taken against any person beyond the dictum of the existing law so that his life, liberty, health, goodwill, property may not be injured. If the political parties continue exercising democracy in and around there parties then the days are not far through in establishing if on strong foundation. A country is considered as one of the principal democratic when they of the developing world. The parliamentary system of government, ideal constitution, fare election, democratic government, the parliament and isolate judicial system, favorable environment are all in existence yet it is to be said in anxiety that inspite of the existence of so many favorable arrangements reflection of the rule of law is ignorable. As the rule of law in a democratic state is indispensable, the rule of law, inclusion of the small crowd, the right of the resisting people for natural justice, exercise of democratic culture, preservation of human rights, effective national parliament, rights of the street children, disadvantage village women and the older people of the state etc are some of the essential sides of democracy. Although the law enforcing agencies, the legal framework, institutions and political goodwill are for implementation of the rule of law, the desired huge is still for away. At present, we shall have to take measure for the actual charge of days through change of the present position. We shall have to come out from bad political culture. Simultaneously implementation of the equal legal principals needs to be established for a real change in our social framework. According to the provisions of the Constitution of the People’s Republic of Bangladesh, law is equally applicable to everybody. Here there is no scope of showing unequal treatment. Still then we have seen the bad application of the legal system by showing inequality. In the past too we have see the supremacy of person above law repeatedly. We watched with anxiety that sometimes the extent of legal jurisdiction became smaller and smaller for the influential political leader and the wealthy persons. The sternest reality is that if needs political change in Bangladesh. It anybody from the opposition party is found guilty for corruption, then such guilt of that person or party, when comes to power, is never hearted again. For the establishment of rule of law in the country equal treatment for implementation of the principle of law is to be assured first apart from the position of the person. If that can be done implementation of the rule of law will become easy. In our country those who execute law and those who legislate if, break the provisions of law themselves in most of the cases. To get ride of this situation, of the first instance, affirmative difference in out look amidst the influential shall have to be brought in brought day light. The law and the court should be force to act in their usual way. The judgments of the court shall have to be honored. We shall have to come out throw the nastiness of all political partisanship. Our Minister’s and MP’s shall have to give up the mentality of the concepts of colonialism. The task of implementation of any law the area in which it is to be implemented, the procedure in implementation it and the extent up to which it is to be implemented shall not vest upon the Minister’s, MP’s of the ruling party or on any high administrative official rather it should be allowed to operate on its own usual way. By that if is supposed, a positive concept about the courts shall spring up in the minds of the general mass and all people shall respectful towards the existing state law. We see that the political parties on coming into power will launch black laws one after another to obtain malafide interests. They became garrulous in criticizing when they come out of power. Then their duel policies and coordinate pull down the general citizens embers situation. So duel polices showed have to be give-up. The most interesting matter is that the political parties which call the laws as black laws when in opposition call them good laws when come in power. This type of duel police is the chief obstacle in the implementation of the rule of law. All the black laws became white laws in darkness of night. Thousands of their examples prevail in our country, as for example section: 54 of the special power Act, 1974; The Druta Bicar Ain, Jononirapotha Ain, Shontrash Dhomon Ain etc are noteworthy. About these Acts the political parties although cry against one another all most all like this laws very much in secret and therefore none change these black laws although the government changes. In the socio-economic field of Bangladesh the principle of equality in the eye of law is the most negative side in its implementation. It is true that although it is very much sad for that the principle of equality of law is the strict reality for more than eighty percent of the backward people of our country. The rule of law as a codified principle for its administration in respect of greater number of our people is true. In the existence of corruptions in almost all lower courts all over the Bangladesh, the malpractices of their officials, bribery and naked interruptions of the influential in the dispensation justice the poor litigants became easy pray to them and sustain sufferings. The malpractices of those who are connected will this are identified and detected. We shall have to be more careful and conscious in the matter of applied laws. Almost those who form our government shall have to take the following into account: 1. To create public welfare administration free from political interference to change the colonial mentality and simultaneously to exercise democracy inside the government party. 2. The government shall have to keep watch over the affaires of the application and simultaneously the argumentative sides of law. For we everybody the pre-condition of the establishment of the rule of law is to make the state laws arguable. 3. Of the important matter’s to which special care to be given for the establishment of the rule of law is equality in it which requires to the applied in all fields. All the citizen of the state shall be bound to law for the Acts & deeds they perform. 4. Nor the person, nor the institution, nor the party but law shall be the cardinal feature and guide line of state administration. The matters to which the government shall keep in mind are that as any citizen cannot go above law through political influence, so is that no citizen can be considered low in the eye of law. 5. The MP’s and the law-makers shall maintain special care to the hopes and aspirations in respect of the establishment of the rule of law so that it takes on overall shape. 6. Steps should be taken to repeal all the anti people law including section 54 of the Special Power Acts as prevent in the country. We shall have to think especially to implement the rule of law. 7. The matter of want of reliance of the common people on the existing judiciary shall have to be thought of simultaneously the government shall have to consider appoint governors to assure the judicial and administrative clearance and liberty. 8. The police department as law enforcing agency shall have to be reformed up-to-date and made peoples friend through reformation. The way of rule of law shall be wide if more attention be given to the benefits of the police assuring their liabilities simultaneously. From the above discussion it may be said that we shall have to be more attentive for the implementation of the rule of law by avoiding the negative affairs. If the government wants to implement the democratic right of the citizen, then in that case, it shall have to give democracy an overall. Without it the fate of the people will have no change. Jahangir Alam sarker: Lawyer & Human Right’s Activist; e-mail: advsagar29@gmail
Posted on: Sat, 12 Jul 2014 05:13:35 +0000
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