UNIVERSITY OF ASIA PACIFIC

Assignment on Law Commission Of Bangladesh

Course Tittle: Legal History Of Bangladesh
Course Code: 102

Submitted By
Name: Nisat Chowdhuri Dolan
Reg: 22211049
Semester: FALL 2022
Department Of law And Human Rights.

Submitted To
Nazia Wahab
Assistant Professor
Department Of Law And Human rights

Submitted On 23 March 2023

 Contents
 Historical Background Of the Law Commission Of
Bangladesh
 Composition of the Law Commission Of Bangladesh
 Duties Of The Law Commission Of Bangladesh
 Functions of The Law Commission Of Bangladesh
 Role and Analysis Of The Law Commission Of Bangladesh
Historical Background Of the Law Commission Of Bangladesh

Following the establishment of Bangladesh, the first

1

Law Reform Committee was established in 1976 with Mr. Justice Kemal Uddin Hossain as
its chairman. Then, in 1979, a Law Reform Committee was established with Mr. Justice Altaf
Hossain as its chairman. The aforementioned Law Reform Committees, among other things,
looked at the procedural features of the Criminal and Civil Codes and recommended several
necessary laws for the swift resolution of Criminal and Civil matters. Lawyer Ashrarul
Hossain served as the chairman of a new Law Commission that was established in 1990. For
a brief time, this Commission was in place and it offered suggestions for changes to the Code
of Civil Process of 1908 and other statutes. On May 25, 1996, a temporary Law Reform
Commission was created in accordance with executive order No.120-Law/vetting/33/93 dated
7-4-1994, with Mr. Justice Naimuddin Ahmed served as both a member and acting chairman.
On 4th August, 1996 the former Chief Justice of Bangladesh Mr. Justice Dr. F.K.M.A Munim
was appointed the Chairman of the Law Reform Commission.2

Composition of the Law Commission Of Bangladesh

(1) As per section 5 of the Law Commission Act, 1996, the Commission consists of a
Chairman and two Members. Under the law the Government has got the power to increase
the number of its members, if it deems necessary.
(2) The Commission's chairman and members will be chosen by the Government, and it will
also establish their appointments and terms of employment.
(3) Subject to the provisions of subsection (4),The chairman and members of the Commission
shall occupy their respective offices for a period of three years following the date of their
appointment
Provided that if it sees fit, the government may, after the aforementioned period has expired,
appoint the chairman or a member for an additional period.
(4) The chairman or a member may resign from their positions by writing a letter to the
government addressed under their hand; however, if the government determines that they are

1
photo collected from:-http://www.lawcommissionbangladesh.org/
2
Law commission of Bangladesh website. Link accessed
http://www.lawcommissionbangladesh.org/about.htm 9:00pm,21 March,2023.
no longer qualified to hold their positions due to serious misconduct or physical or mental
incapacity, they may be dismissed at any time.
(5) Until the newly appointed chairman assumes office or until the chairman has resumed his
duties, as the case may be, a member nominated by the government shall perform the duties
of the office of the chairman if it becomes vacant or if he is unable to do so due to absence,
illness, or any other cause.
(6) Due to the chairman's absence, a member's illness, a flaw in the commission's constitution, or
any other circumstance, no action or proceedings of the Commission shall be invalid or shall be
called in question.3

Duties Of The Law Commission Of Bangladesh

According to Section 6A of the Law Commission Act of 1996, the Commission creates a
work plan for the conduct of its business every two years, in which laws are selected for
evaluation on a priority basis. The government receives the aforementioned plan. The
government submits any recommendations or opinions it may have regarding the work plan.
The Commission completes the work plan and informs the Government after taking into
account the Government's suggestions and opinions. In its meeting, the Commission analyzes
the laws' priority on the work plan and any references made by the government. Each
member of the Commission is tasked with creating a working paper or report for the meeting
with the aid of a research officer.
Then, taking into account the nature and breadth of the legal research, the research team
employs various data collection procedures and, when necessary, investigates other legal
systems to determine how they address related issues. The team outlines the flaws and
disadvantages of the law in the working paper and makes provisional suggestions for their
repeal. The team's working document is presented to the Commission for review and
approval. Upon acceptance, the paper is widely disseminated among the various stakeholders
for feedback. The team carefully considers the many viewpoints provided by the
stakeholders, and then, if necessary, the Commission drafts a final report and delivers it to the
government for consideration.4

Functions of The Law Commission Of Bangladesh

(a) to determine the reasons why civil and criminal matters at different levels of Courts are
taking so long to be resolved, and to speed up the process so that justice is served as quickly
as possible:
3
The Law Commission Act, 1996 (ACT No. XIX of 1996) Link accessed
http://bdlaws.minlaw.gov.bd/upload/act/2021-11-17-10-39-34-31.The-Law-Commission-Act,-
1996.pdf 9:15 pm,21 March,2023.
4
Law commission of Bangladesh website. Link accessed
http://www.lawcommissionbangladesh.org/about.htm 9:45 pm,21 March,2023.
(1) to recommend the amendment of laws or the enactment of new laws in appropriate cases
after reviewing and researching the pertinent laws;
(2) to recommend necessary reforms for modernizing the judicial system;

(3) to recommend training and other measures for improving the effectiveness of those
involved with the judicial system, namely judicial officers and staffs, law officers, and
advocates;
(4) to recommend for prevention of abuse of the judicial system, specifically.
(5) to suggest the modernization of a number of court administration procedures, including
the distribution of work among judges, the provision of copies, the transmission and
preservation of documents, the service of notices, and other pertinent issues;
(6) to make recommendations on how to replace the current system for handling government
issues with one that is more effective and responsible, as well as how to set up a separate
agency to look into criminal matters;
(b) Keeping in mind the need for a free market economy and the attraction of domestic and
foreign capital,
(1) to recommend the amendment of pertinent laws, including the company law, or the
enactment of new laws, as the case may be, to avoid monopoly dominance and to foster
competition in the fields of industry and commerce;
(2) to recommend, after reviewing other laws, in particular those relating to copyright,
trademarks, patents, arbitration, contracts, regulations, and intellectual property
(3) to make the necessary recommendations after reviewing the issues with the establishment
of separate courts for the adjudication of cases involving commercial and bank loans;
c) to suggest necessary and prompt changes to the electoral laws currently in effect and
managed by the Bangladesh Election Commission;
d) to suggest reform of the existing laws following review and the enactment of new laws, as
necessary, to protect the rights of women and children and to prevent oppression of women;
e) to advocate for the proper execution of the legal aid program and other related measures,
including the revision of current laws or the introduction of new legislation, as applicable;
(f) to identify laws that are contradictory to one another or that cover the same subject in
more than one place, and to suggest consolidation of those laws, if that is possible;
(g) to recommend the repeal of any current laws that are incompatible with fundamental
rights, or their amendment, as the case may be;
(h) to identify any outdated or superfluous laws, and to recommend their repeal and the
enactment of new legislation on any topic, if necessary;
(i) to suggest actions to improve legal education;
and
(j) to suggest solutions to any legal issues that the government may from time to time refer.5

Role and Analysis Of The Law Commission Of Bangladesh

The Law Commission solicits input from the general public, government agencies, judges,
and attorneys. The commissioners must balance competing demands for attention with
worries about scarce resources for any legislation reform endeavor. A thriving, visible, and
heard Law Commission is the voice of a reliable legal system. The commission must have a
clear intuitive orientation. Because it is anticipated that without such guidance, the
commission may result in a slow-motion set up. It is true that the government and the
commission must operate and respond together for a law commission to succeed. The legal
suggestions and opinions of the commission, which are the result of extensive discussion,
deliberation, and thorough investigation, should be aggressively addressed by a democratic
administration. Legislation that reflects public opinion cannot likely be disregarded. For the
Commission to immunize a compelling law, cunning and intelligence are also essential. The
commission would make excellent legal reform ideas and get on the right road. Here are a
few things to think about in relation to Law Commission matters. There are numerous laws,
orders, and regulations that have been recently established in Bangladesh that pertain to the
function of the law commission.6

5
The Law Commission Act, 1996 (ACT No. XIX of 1996) Link accessed
http://bdlaws.minlaw.gov.bd/upload/act/2021-11-17-10-39-34-31.The-Law-Commission-Act,-
1996.pdf 11:00pm,22 March,2023
6
Law commission of Bangladesh. Link accessed https://www.linkedin.com 11:30pm,,22 March,2023