“The Role of the Supreme Court of Bangladesh in Protecting and Interpreting the Constitution: A Study”

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.