South Asian Survey http://sas.sagepub.com/ Judiciary and Good Governance in Bangladesh Md. Awal Hossain Mollah South Asian Survey 2008 15: 245 DOI: 10.1177/097152310801500205 The online version of this article can be found at: http://sas.sagepub.com/content/15/2/245 Published by: SSAGE http://www.sagepublications.com On behalf of: ICSAC Indian Council for South Asian Cooperation Additional services and information for South Asian Survey can be found at: Email Alerts: http://sas.sagepub.com/cgi/alerts Subscriptions: http://sas.sagepub.com/subscriptions Reprints:http://www.sagepub.com/journalsReprints.nav Permissions:http://www.sagepub.com/journalsPermissions.nav Citations:http://sas.sagepub.com/content/15/2/245.refs.html Downloaded fronsas.sagepub.corby guest on October 6, 2010
JUDICIARY AND GOOD GOVERNANCE IN BANGLADESH MD. AWAL HOSSAIN MOLLAH The terms 'governance' and 'good governance' are increasingly being used in development literature. Intellectuals, bureaucrats and civil society members alike are accepting the spirit of the concept and are conceiving it in the context of their own experience and environment. The Bangladeshi government has recently been under constant pressure from various donor agencies for ensuring good governance. The implementation and achievement of good govern- ance depends upon the transparency, honesty and efficiency of the legislature, executive and judiciary, along with the cooperation of civil society and the private sector. The main concern of this article is to analyse the role of the judiciary in the pursuit of good governance in Bangladesh. The study will focus on the Bangladesh Supreme Court in order to evaluate its role in ensuring good governance. GOVERNANCE IS NOW understood to include a wide range of ways in which the political, social and administrative structure of a society affects access by the people to basic opportunities and capabilities. Governance means more than just government: it refers to a democratic process that encompasses the entire society. The private sector, non- governmental organisations (NGOs) and other civil society organisations, along with the government, are encouraged and appreciated for participating in the governance and development process. Governance implies 'how people are ruled, how the affairs of a state are administered and regulated; it refers to a nation's system of politics and how this functions in relation to public administration and law' (Landell-Mills and Serageldein 1991: 13). Good governance simply means that various levels or agencies of government exercise their power in a manner that is effective, honest, equitable, transparent and accountable (Akkas 2004: 67-78). It is a 'system of governance that is able to unambiguously identify the basic values of the society where values are eco- nomic, political and socio-cultural issues including human rights, and pursue these values through an accountable and honest administration' (Chopra 1997: 32). Md. Awal Hossain Mollah is Assistant Professor, Public Administration, University of Rajshahi, Rajshahi, Bangladesh. SOUTH ASIAN SURVEY 15:2 (2008): 245-262 SAGE Publications Los Angeles/London/New Delhi/Singapore DOI: 10.1177/097152310801500205 Downloaded fronsas.sagepub.corby guest on October 6, 2010
246/MD. AWAL HOSSAIN MOLLAH The meaning of good governance and its defining parameters may vary depending upon a particular society's level of political development, degree of economic develop- ment and the maturity of social institutions. However, the core elements of good governance are accountability, transparency, rule of law and participation. It also in- cludes absence of corruption and arbitrary power, free press and media,