Bangladesh University of Professionals

Assignment
CT
Topic: Development of Administrative Law
Course Name: Administrative Law
Course Code: Law- 4803
Submitted To

Psyme Wadud
Lecturer
Department of Law
Faculty of Security & Strategic Studies (FSSS)
Bangladesh University of Professionals (BUP)

Submitted By

Tanjina Islam
Id No. 18421111
8th Semester
Department of Law
FSSS, BUP

Submitted On: 30 June, 2021

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 Development of Administrative Law

laws concerned with the powers and functions of the executive branch of the government, its
organisations, their inter-relations with each other, citizens and the non-governmental entities. The
intention of administrative law is to provide for a legal framework for regulating the powers,
procedures and acts of public administration.
The development of Administrative Law in Pre-Independence Bangladesh can be devided under
four important Periods:
➢ Ancient Period
➢ Medieval Period,
➢ British Period and
➢ Pakistan Period.

Ancient Period:
The history and growth of administrative law in Bangladesh is intimately linked with that of the
rest of the Indian subcontinent. The origin of administrative legal system of Bangladesh, which
has been developed in British India and United Pakistan. during Ancient Period in Bangladesh,
there existed a system of both administrative legislation and adjudication.
The ancient Dharmasastras declared that Dharma which included the 'law' was binding on the
king. In cases where no principle of law was found in the Shruti, Smritis or custom, the king was
required to decide according to his conscience. Pertinent to mention here that, the Shruti or the
Vedas represented that which was heard and handed down from generation to generation verbally.
The source of the shruti was believed to be divine.
There were treatises regulating the rights and liabilities of individuals inter seas also between the
king and his subjects were written, which came to be known as Dharma Sutras and Smritis,
slokas. All this literature was collectively called Dharmasastra. there were also some other works
which form equally important sources of the ancient administrative legal system. And in this
connection, Kautilya's Arthasastra which dealt with, among others, on the following topics may
specially be referred to:
(1) Education, training and discipline

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 (2) Law and its administration.
(3) Miscellaneous matter

The king should support all his subjects without any discrimination, in the same manner as the
earth supports all living beings.The king should not leave an offender unpunished, whatever
may be his relationship. Neither the king nor any of his servants should himself cause a law
suit to be initiated, or hush up one that has been brought before him by any other person.

"Because of the large sphere reserved for Dharma, the legislative activity of the king was
limited very seriously, but there did remain a vast field in which it might operate.
Rajashasana that a king was competent to issue:
(i) No bribe should be taken by or given to the king's servants.
(ii) No one should harbour enemies of the king or other offenders.
(iii) No discussions should be shown between master and servants.
(iv) A watchman must take a round in the city during night times once in every one and a
half hours to prevent theft.

A native (citizen) born of a high family with some talent and virtue was the person
who was qualified to be appointed as minister (Amalya). The king was required to be
consulted with council of ministers on all important affairs of the State. For the
purposes of proper and efficient administration, a kingdom was required to be divided
into several divisions, the lowest unit being a grama (Village). The king was required
to appoint a head for each division. And a separate minister was required to be
appointed to have control over officers appointed as heads of divisions to inspect
affairs.

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Medieval Period

Medieval Period in Bangladesh counts the Period from the thirteenth century32 to the middle of
the eighteenth century. Medieval Period may be divided under two separate Periods—
➢ the Ante-Mughal Period and
➢ the Mughal Period.

The Ante-Mughal Period:

During the Ante-Mughal Period, Bangladesh, at different phases, was ruled by Khilji Dynasty,
Sultans of Delhi and independent Sultans of Bengal. During this (Ante-Mughal) Period, Muslim
social order, political theory and religion were established in the society. The Muslim polity was
based on the conception of the legal sovereignty of the Sharia or Islamic law. The political theory
was governed by religion, Islam. It was based on the teachings of the holy Quran, the traditions of
prophet and precedent
Period of Sher Shah: Sultan Sher Shah was famous not only for his heroic deeds in the battle field
but also for his administrative and judicial abilities. Sultan Sher Shah ruled the country only for
five years.
(i) Sher Shah divided his whole empire into 47 provinces and sub-divided each of the
provinces into several parganahs. Further, he appointed Shiqandar for each parganah .
(ii) Police regulation was drawn up for the first time during his reign
(iii) Moqoddams or heads of Village Councils were recognised and were ordered to
prevent theft and robberies.
(iv) When a Shiqandar was appointed, his duties were specifically enumerated. And the
duties of Governors and their deputies regarding the preservation of law and order
were emphasised.
(v) The judicial officers below the Chief Provincial Qazi were transferred after every two
or three years

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 (vi) The Chief Qazi of the Province or the Quazi-ul-Quzat was in some cases authorised to
report directly to the Emperor on the conduct of the Governor, especially if the latter
made any attempt to override the law
(vii) Sher Shah issued various 'Formans' containing instructions written into documents for
the guidance of the civil and executive officers.

The Mughal Period:

The Mughals established their rule in this part of the Indian Subcontinent in the sixteenth century.
During this Period, a well-organised administrative legal system was introduced in the country.
For the purpose of overall administration, the areas now constituting Bangladesh, like other
provinces 44 of the Mughal Empire, was divided into districts, and districts into parganahs, etc.
During Mughal Period, the Governor (Subhedar), under whom a number of departmental heads
were appointed. In each District (Sarkar), the Fauzdar was the principal executive and police
officer. It was administered by three officials- the village headman, the accountant (Patwari) and
the registrar (Chaudhari). The Village Assemblies or Panchayats managed local administration.

British Period
In Bangladesh, British Period began with the consolidation of the British power in Bengal from
1757 and continued up to 1947.The British came to India 1601 in the name of East India
Company. The company had privilege to trade in India and other west countries.
By the Charter of 1600 Queen Elizabeth gave legislative power to the company which gave the
power of making laws ordinance for good governance.

Charter of 1615 was granted by the king to the company to punish its servants for severe offence
like willful murder, mutiny and maintain a discipline. A jury of 12 members of the servants of the
company would give the verdict.

Charter of 1623 was granted by James to extend the power of the company both in land and high
sea.

Charter of 1661 give a power to the company to appoint a Governor and a council at Madras,
Bombay and kolkata. The Governor and the Council was supposed to judge all the persons who

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were living under the company in civil and criminal cases. The Charter empowered the
government council to exercise control over both judiciary and Executive.

Charter of 1698 granted by William II. This Charter created a Court of Directors, and the
authority and control over the affairs of the Company were entrusted to the Court of Proprietors.

Charter of 1726 provided for the establishment of a Corporation in each presidency town i. e.,
Bombay, Kolkata and Madras. s, this Charter also mixed the Executive with the Judiciary by
granting original criminal jurisdiction and appellate civil jurisdiction to the Governor and the
Council who were already entrusted with all executive powers in each presidency town.

1834 to 1939

Between the years 1834 - 1939 there were some sporadic efforts by the government in regulating
(a) public safety, health and morality; (b) transport; (c) labour; and (d) trade and business. Under
the head of public safety, health and morality,

1939 to 1947
The Period 1939 to 1947 saw the increase of executive powers as only could be expected being
the Second World War Period.Subject of administrative law also received the attention of writers
during this Period.

Pakistan Period

Until 1970 the administrative law in Bangladesh was not a concern. During 1958-1959, though
the Report of the law Commission did not deal with administrative law but it got an extra judicial
recognition. The intervening writ jurisdictional power of the supreme court against the exercise of
arbitrary power was a matter raised at different times, which also caused a conflict between the
judiciary and the executives. Thus writ jurisdiction was granted to the High courts in October
1955. Again in 1956 the jurisdiction was conferred to both Supreme court and High courts
through Article 22 and 170 of The Constitution of 1956. In 1958 martial law was adopted and the
Constitution of 1956 was abrogated though the writ jurisdictional power of Supreme court and
High court division remained unchanged. Under the Constitution of 1962 the Supreme court had

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lost it's writ jurisdictional power. Both the constitution of 1956 and 1962 incorporated different
provisions relating to services of administrative law but it could not cover every aspect of the
services. It was always the President who could appoint and dismiss the members of different
services.

The Right to hearing: The mixture of principles of Natural justice and fair play was the method
used by the High court of west Pakistan. The right to examine administrative actions on the basis
of factual basis was also asserted from Natural Justice.

Mala fide: In the case of Muhammad Aboo Vs Province of East Pakistan, The Supreme court
held that,' So far as the suitability or promotion to a particular post in concerned, the sole judge is
the Government and the Courts are unable to interfere except possibly in a case of proved
malafide'

Discretion must not be fettered but policy: In province of East Pakistan Vs Mohd Yassen it was
held that no house built after 1950 would be requisitioned.

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