Abstract:
The SC of Bangladesh plays a critical role in protecting and interpreting the
Constitution, acting as its guardian and interpreter. This paper analyzes the Court's
significant contributions in ensuring the Constitution's supremacy and its adaptation
to evolving societal needs. The Court utilizes judicial review to ensure the
government's actions and legislation comply with the fundamental rights enshrined in
the Constitution. Through landmark judgments, it has addressed issues like
environmental protection, freedom of expression, and minority rights. The Court
interprets the Constitution's provisions, adopting different approaches like literal,
purposive, and harmonious interpretation to ensure its consistent application and
adaptability to changing circumstances. The Court acts as a check on legislative
power by ensuring amendments do not violate the Constitution's basic structure,
upholding the fundamental principles upon which the nation is built. The Court has
ordered the closure of polluting industries, protected forests, and held the government
accountable for environmental damage. The Court has defended the media's freedom
to report and criticize the government, even when facing political pressure. The Court
has upheld the rights of religious and ethnic minorities, promoting inclusive
governance and protecting their cultural identities.
The Court's independence and decisions can be influenced by political actors,
potentially undermining its effectiveness. Limited resources can hinder the Court's
ability to handle a growing number of cases, leading to delays and backlogs. Public
trust in the judiciary can be eroded by corruption, inefficiency, and lack of
transparency. Despite challenges, the Supreme Court of Bangladesh remains a vital
force in upholding the Constitution and safeguarding the rights of its citizens.
Through its consistent efforts in interpretation, protection, and adaptation, the Court
plays a crucial role in ensuring a just and democratic Bangladesh.
