The Constitutional Bodies In Bangladesh Essay

4372 words - 18 pages

An Assignment
“The Constitutional bodies in Bangladesh”

Course Name: Public Administration in Bangladesh
Course Number: PA-123
Submitted to:
Dr. Syeda Lasna Kabir
Associate Professor,
Department of Public Administration
University of Dhaka.
Submitted by:
Mukarram Hussain
1st Year, 2nd Semester
Session: 2011-2012
Roll: kj-059
Department of Public Administration
University of Dhaka.

Date of Submission: October 11, 2012

Introduction: Constitution is the supreme law of a country. Legislative, executive and judiciary are chief organs of the government. According to the theory of separation of power, check and balance between these organs is necessary. In ...view middle of the document...

The PSC is also mandated to advise the President in framing recruitment rules; promotion, transfer and disciplinary matters; employees’ appeals and memorials; and other matters related to the public service. The degree to which the country will have a professional, honest, neutral and fair public service rests on the integrity, effectiveness and credibility of the PSC.

BPSC has been established under the Art. 137 of the constitution of Bangladesh by the presidential Order No. 34 (on May 9, 1972), PSC Ordinance No. LVII of 1977, BCS Recruitment Rules of 1981, PSC Officers & Employees Recruitment Rules, 1990.

Article-137. Establishment of Commissions
Provision shall be made by law for establishing one or more public service commissions for Bangladesh, each of which shall consist of a chairman and such other members as shall be prescribed by law.

Article-138. Appointment of members
(1) The chairman and other members of each public service commission shall be appointed by the President.
Provided that not less than one-half of the members of a commission shall be persons who have held office for twenty years or more in the service of any government which has at any
time functioned within the territory of Bangladesh.
(2) Subject to any law made by Parliament the conditions of service of the chairman and other members of a public service commission shall be such as the President may, by order, determine.
Under Article 139(2) of The Constitution of Bangladesh mandates that, “The chairman and other members of such a Commission shall be removed from office except in like manner and on he like grounds as a judge of the Supreme Court.” Article 139(3) states that, “A chairman or other members of a Public Service Commission may resign his office by writing under his own hand addressed to the President.”

Critical analysis of the BPSC
The BPSC is the central personnel agency of Bangladesh. PSC is a constitutional body and is supposed to be independent of the executive authority of the Republic. One of the major functions of PSC is to conduct test and examinations for the selection of suitable persons for appointment to the service of the Republic. If we observe the functions of the previous years, we can identify some corruption and abuse of power in the PSC.

The selection of 1st class gazetted officers held in 1972 (e.g., Special Superior Service Examination for the Freedom Fighters, 1972 and for non-freedom fighters, 1973) conducted by the BPSC are still criticised for recommending partisan candidates. The partisan recruitment of BCS examinees, leakage of BCS question papers over the years and taking bribe by few Members, officials and staff of the Commission are among the most frequently raised allegations against the Commission, which have contributed to a massive erosion of trust and credibility of this constitutional body. (Khan, 2002; Observer, July 26, 2005; New Age, 19 November 2005; News Today, 20 November, 2005; Daily Star, 2...

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