Principles of Administrative Law in Bangladesh
✅ What Is Administrative Law?
Administrative law in Bangladesh is the body of legal principles that governs the activities of administrative agencies of the government. It controls the exercise of power by public authorities to ensure fairness, reasonableness, and accountability in administrative action.
Bangladesh follows a common law tradition, and the principles of administrative law are developed both through statutory frameworks and judicial decisions.
🔑 Key Principles of Administrative Law in Bangladesh
Rule of Law
Natural Justice
Delegated Legislation
Judicial Review
Ultra Vires
Reasonableness
Doctrine of Legitimate Expectation
Writ Jurisdiction under the Constitution (Article 102)
⚖️ Major Cases on Administrative Law in Bangladesh
1. Abdul Latif Mirza v. Government of Bangladesh, 31 DLR (AD) 33 (1979)
Principle: Rule of Law and Judicial Review
Facts: The petitioner was detained under the Special Powers Act, 1974. He challenged the legality of the detention.
Issue: Whether the detention was lawful and passed under proper authority.
Holding: The Appellate Division held that no one is above the law, and the executive must act within legal bounds. The detention was held to be invalid.
Significance: Landmark judgment reinforcing that every administrative action is subject to judicial review, affirming the supremacy of the Constitution and the rule of law.
2. Secretary, Ministry of Finance v. Masdar Hossain, 52 DLR (AD) 82 (2000)
Principle: Separation of Powers, Judicial Independence, and Administrative Autonomy
Facts: A petition was filed for judicial reforms and independence of the judiciary from executive control.
Holding: The Appellate Division laid down guidelines ensuring institutional independence of the judiciary from executive control over administrative matters like appointments, transfers, and discipline.
Significance: Though not a traditional administrative law case, it profoundly impacted administrative oversight and power boundaries between branches of the state.
3. A.K.M. Aftab-uz-Zaman v. Bangladesh, 34 DLR (AD) 111 (1982)
Principle: Natural Justice – Right to be Heard
Facts: The petitioner, a government servant, was dismissed without being given an opportunity to explain his side.
Issue: Whether dismissal without a hearing violated principles of natural justice.
Holding: The court quashed the dismissal, reaffirming that no one shall be condemned unheard (audi alteram partem).
Significance: Fundamental case on natural justice in administrative procedures, particularly in service matters.
4. Ekushey Television Ltd. v. Bangladesh, 54 DLR (2002)
Principle: Ultra Vires and Reasonableness
Facts: The license of a private TV channel was cancelled by the government without following proper legal procedures.
Issue: Whether the cancellation was lawful and within the powers of the administrative authority.
Holding: The court found the action of the Ministry ultra vires and set aside the cancellation.
Significance: The case established that administrative decisions must be made within the scope of statutory power, and must not be arbitrary.
5. Prof. Nurul Islam v. Bangladesh, 33 DLR (AD) 201 (1981)
Principle: Legitimate Expectation
Facts: The petitioner was removed from his position as Vice-Chancellor without notice, despite assurances.
Issue: Whether removal violated the doctrine of legitimate expectation.
Holding: The court upheld that administrative authorities must honor the legitimate expectations they create, especially when based on consistent past practice or clear representations.
Significance: Recognized the doctrine of legitimate expectation as applicable in Bangladeshi administrative law, limiting arbitrary exercise of power.
6. Bangladesh v. Md. Mofizur Rahman, 56 DLR (AD) 111 (2004)
Principle: Writ Jurisdiction under Article 102
Facts: The government terminated a service holder under “pleasure doctrine” without due process.
Issue: Whether the writ jurisdiction could review such termination.
Holding: The Appellate Division held that even at-will or pleasure appointments are subject to judicial scrutiny, especially when constitutional rights are involved.
Significance: Reinforces that executive discretion is not unlimited, and constitutional protections apply to all administrative actions.
7. Abdul Jalil v. Bangladesh, 38 DLR (AD) 138 (1986)
Principle: Malafide Administrative Action
Facts: The government terminated an official in a politically motivated move.
Issue: Whether the action was tainted by malafide intent.
Holding: The court quashed the decision, stating malafide actions are void ab initio.
Significance: Clarifies that administrative power must be exercised in good faith and for proper purposes.
🔍 Key Principles in Detail
1. Rule of Law
Everyone, including administrative authorities, is subject to the law.
All actions must be authorized by law.
Case: Abdul Latif Mirza v. Govt. of Bangladesh.
2. Natural Justice
Includes right to a fair hearing (audi alteram partem) and impartial decision-maker (nemo judex in causa sua).
Case: A.K.M. Aftab-uz-Zaman v. Bangladesh.
3. Ultra Vires
Any administrative action taken beyond the scope of legal authority is void.
Case: Ekushey Television v. Bangladesh.
4. Doctrine of Legitimate Expectation
A person may have an expectation that a public authority will act a certain way based on past practice or explicit assurance.
Case: Prof. Nurul Islam v. Bangladesh.
5. Judicial Review and Article 102 of the Constitution
Courts have the power to review administrative decisions for illegality, irrationality, and procedural impropriety.
Case: Mofizur Rahman v. Bangladesh.
6. Reasonableness and Proportionality
Administrative actions must be reasonable, not arbitrary or excessive.
Case: Ekushey Television (arbitrary cancellation of license deemed unreasonable).
🧠 Summary Table
| Principle | Key Case | Takeaway |
|---|---|---|
| Rule of Law | Abdul Latif Mirza v. Govt. of Bangladesh | Executive actions must comply with law |
| Natural Justice | A.K.M. Aftab-uz-Zaman v. Bangladesh | Right to fair hearing before adverse decisions |
| Ultra Vires | Ekushey Television Ltd. v. Bangladesh | Actions beyond legal power are invalid |
| Legitimate Expectation | Prof. Nurul Islam v. Bangladesh | Admin bodies must honor prior promises/assurances |
| Judicial Review under Art. 102 | Mofizur Rahman v. Bangladesh | Writs can challenge arbitrary administrative acts |
| Good Faith (Malafide) | Abdul Jalil v. Bangladesh | Malicious use of power is unconstitutional |
✅ Conclusion
The administrative law framework in Bangladesh ensures that government authorities act within their powers, respect individual rights, and follow due process. Through judicial interpretation, especially via writ jurisdiction under Article 102, the courts of Bangladesh have significantly shaped and enforced administrative law principles, creating a check on executive power and ensuring accountability and transparency in governance.
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