The document outlines the law making process in Bangladesh. It begins with an overview of the country and branches of government which include the executive, legislature, and judiciary. It then discusses the forms of laws in Bangladesh including Acts passed by parliament and rules/regulations created under authority granted in Acts. The process of creating Acts involves drafting, validation, approval by relevant ministries and cabinet. Rules and regulations follow a similar process initiated within line ministries and approved by the sector ministry and cabinet. Challenges to effective implementation of laws include weak rule of law, lack of public awareness, and political and resource limitations.

1. The Law Making Process of
Bangladesh
Presented by
Md Riaz Uddin
GMPA, SKKU, Seoul

2. Overview of Presentation
• Country Profile
• Branches of the Republic
• Forms and Hierarchy of Government Laws
• Provision in the Constitution
• Law (Act) Making Process
• Rules and Regulation Making Process
• Some Example
• Challenges

3. Country profile
Official Name: The People's Republic of Bangladesh.
Proclamation of Independence: 26 March, 1971.
State Religion: The State religion is Islam, but the State shall ensure equal status and
equal right in the practice of the other religions.
State Language: Bangla.
Capital: Dhaka.
Fundamental Principles of Constitution:
Nationalism: The unity and solidarity of the Bangalee nation;
Socialism: With a view to ensuring the attainment of equal society, free
from the exploitation of man by man;
Democracy and Human Right
Secularism: Elimination of communalism, abuse of religion for political
purposes, and any discrimination against persons practicing a particular
religion.
Area: 147,570 sq. KM.
Population: 160 Million.
GDP per capita in current price: USD $1,309.00
GDP per capita in PPP: USD $3,631.00

4. Branches of the Republic
• The Executive:
– The President- Chief of the Republic.
– The Prime Minister- Head of the government and chief of the Executive.
– The Cabinet Ministers
• The Legislature:
– 300 members directly elected from the various geographical constituencies.
– 50 women who are elected by the MPs.
• Judiciary:
– The Supreme court- the apex judicial body
– The appellate courts
– High court
– Subordinate courts-civil courts, criminal courts, courts of session, courts of
magistrate, special courts.

5. Provision in the Constitution
• Article 7(2): This Constitution is, as the solemn expression of
the will of the people, the supreme law of the Republic, and if
any other law is inconsistent with this Constitution that other
law shall, to the extent of the inconsistency, be void.
• Article 65(1): There shall be a Parliament for Bangladesh (to
be known as the House of the Nation) in which, subject to the
provisions of this Constitution, shall be vested the legislative
powers of the Republic:
Provided that nothing in this clause shall prevent Parliament
from delegating to any person or authority, by Act of
Parliament, power to make orders, rules, regulations, bye
laws or other instruments having legislative effect.

6. Forms and Hierarchy of Administrative Legislation

7. Law (Act) Making Process

8. Law (Act) Making Process

9. This passed law is known as Act.
Usually, in this Act there have
some provision to produce some
Rules or Regulation or
Sometimes Both.

10. Rules and Regulation making process
Events Rules Regulation
Initiator Organization Sector/Line Ministry Implementing Department
Cause of Initiation Provision of Constitution
Obligation in Previous Act
Obligation in Previous Act
Drafting InterministrialWorking Group ProfessionalWorking Group
Validation Multilevel Stakeholder
Workshop & Media
Consultation
Multilevel Stakeholder
Workshop & Media
Consultation
Send to Sector/Line
Ministry
- Send to Sector/Line Ministry
Vetting Send to Law Ministry for
Vetting
Sector Ministry send to
different Stakeholder
Ministries including Law
Ministry
Approval Minister of Relevant Ministry or
Cabinet
Minister of Sector Ministry
or Cabinet

11. Some Example
Acts Rules/Regulation
The Forest Act, 1927
(Sub-section 4&5 of Section 28A) Social Forestry Rules, 2004
The Public Procurement Act, 2006
(Section 70) The Public Procurement Rules, 2008
Constitution
(Article 55(6)) Rules of Business, 1996
The Right to Information Act, 2009
(Section 33)
(Section 34)
The Right to Information Rules, 2009
The Right to Information Regulation, 2010
The Water Act, 2013
(Section 45) The Bangladesh water Rules, 2015 (Draft)

12. Challenges to implement the
Administrative Legislation
• Weak implementation of the Rule of Law
• Lake of Public Awareness
• Improper Stakeholder Consultation
• Political Unwillingness
• Corruption
• Limitation of Resources
• Lack of Public Acceptance
• Inadequate or Faulty Administrative Infrastructure
• Absence of Incentive Mechanism