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Laws are made for the welfare of the people, to bring a balance in a society and to create a
harmony between the conflicting forces in a society. One of the prime objectives of making
laws is to maintain law and order in society, a peaceful environment for the progress of the
people. Thus the basic concept of the rule of law and its acceptance are considered to be a
standard sign of civilization in the modern context. It indicates the status of democracy in a
country. People cannot enjoy the citizens rights without the rule of law. The most important
application of the rule of law is the principle that governmental authority is legitimately
exercised only in accordance with written, publicly disclosed laws adopted and enforced in
accordance with established procedural steps that are referred to as due process. The principle
is intended to be a safeguard against arbitrary governance, whether by a totalitarian leader or
by mob rule. Thus, the rule of law is hostile both to dictatorship and to anarchy.
Concept of the rule of law
In simple term, rule of law implies that every citizen is subject to law and no one is above the
law and hence accountable under the law. It implies the supremacy of law and the recognition
that the law to be law cannot be capricious.
The concept of the supremacy of law has been perceived by AV Dicey as a cluster of three
distinct conceptions:
1. Absence of arbitrary power which is to oppose the influence of arbitrary power. I t
excludes the existence of arbitrariness and exercise of wide discretionary authority on
the part of government.
2. Equality before law or the equal subjection of all classes of people to the law.
3. Legal protection for individual rights. All the authority must be derived from law and
as such be limited by law.
Besides, the spirit of rule of law requires the law to be reasonable and not arbitrary in both
substantive and procedural aspects.
The UN Secretary General defines the rule of law as a principle of government in which all
persons, institutions and entities, public and private, including the state itself, are accountable
to laws that are publicly promulgated, equally enforced and independently adjudicated, and
which are consistent with international human right norms and standards. It requires, as well,
measures to ensure adherence to the principles of supremacy of law, equality before the law,
accountability to the law, fairness in the application of the law, separation of powers,
participation in decision- making, legal certainty, avoidance of arbitrariness and procedural
and legal transparency.
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Independent, impartial, open and transparent judicial system which provides a fair and
prompt trial.
No one can be prosecuted, civilly or criminally, for any offence not known to the law
when committed.
No one is subject adversely to a retrospective change of the law.
Ensure the human rights.
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1978).
A significant change took place in 1960 that the post of DM and Collector was renamed as
Deputy Commissioner (DC). In 1961 3 additional deputy commissioners (ADC) were
appointed in every district. They are known as ADC (General), ADC (Revenue), and ADC
(Development).
In 1969, organogram of district administration office was reorganized to expedite the
diversified works of the office. In 1982 Enam Commission revisited the functions of district
administration and recommended to categorize districts on the basis of number of upazila. As
such, Dhaka, Chittagong, Rajshahi, Khulna and Mymensingh were categorized as special
district. Category A district has 8 or more upazila, category B district has 5-7 upazilas and
category C district has 4 or less number of upazilas. Enam Committee proposed workforce,
equipments, and vehicles on the basis of requirement of different categorized district. They
proposed that A category district should have 183 officers and staff, B category should 111
and C category should have 89 officers and staffs.
The office of the DC assumed its distinct shape during the British rule. Though the
nomenclature of the office has undergone several changes over the years, the institution has
retained its contour and character almost intact. The power and prestige of this institution
have achieved some permanence despite temporary threats and setbacks that usually
accompanied the moves to reorganize the civil service administration.
Local government and other parallel organizations have failed to pose any practical challenge
to the institution of district administration. The office has now earned the confidence of the
people. Government also got the habit of relying on the institution for accomplishing any
special programs. Within the territorial confines of the district, this is a unique institution in
terms of effectiveness, confidence of the people, acceptability and organizational efficiency
and overall prestige.
Though the functions of Deputy Commissioner have evolved from that of the Collector of a
district from about mid18th century, the DC soon came to be entrusted with the responsibility
of maintaining law and order in the district. Such functions and responsibilities have
diversified and undergone modifications at various stages in the administrative history of
Bangladesh. The DC continues to act as the representative of the central government in
matters of collecting revenue, maintaining law and order and coordinating welfare and
development activities.
Historically, the office of the Deputy Commissioner carried the image of impartiality and
succor of justice. Having no personal or selfish motive in any local property or group, the
office could give impartial decision in disputes. The DC is considered to be last resort for
impartial decisions on many social, economic and development problems. People of
Bangladesh were accompanied with district administration for a long time, which has served
the cause of the people for a good many years. Sometimes, the district administration fails to
provide expected service to the people due to increased demands from people or manpower
shortage etc. Of late, the neutrality of administration has been eroded with the increase of
politicization. Due to increased politicization, DC is barred to work impartially. More
politicization in administration leads to more erosion of trust at organizational and individual
level. Still, comparing with other departments, DC office is regarded as the most trusted
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police and magistrates are discussed in this meeting and it is possible to come to a solution. It
is very much important to arrange Police Magistracy meeting between police and magistrates
in order to achieve better coordination. The aim of the Police Magistracy meeting is to
remove the communication gap between police and Magistrates, to examine the activities of
police and to take preventive measure in order to prevent crime in a district. Moreover, Police
Magistracy meeting is very much important to determine strategy in order to maintain stable
law and order situation in a district
District Magistrate is responsible for constant supervision over the detection and prevention
of crimes for the proper conduct of which he is ultimately responsible to the government. It is
an important duty of District Magistrate to inspect police stations of his district at regular
intervals
Through Magisterial Functions
The office of the Deputy Commissioner keeps law and order and protects the rights of people
through magisterial functions. The executive magistrate and Additional District Magistrate
conduct executive magistrate courts. Moreover the executive magistrates conduct mobile
court under the Mobile Court Act, 2009.The mobile court plays a significant role to protect
citizens rights and in maintaining law and order situation. It supervises and control over the
police in matters of criminal justice to the Government as Per PRB & Police Act. It submits
reports and returns regarding administration of criminal justice in the district. It also works to
prevent Child labor, Child Marriage.
Casting vote is one of the constitutional rights of people. The office of the deputy
commissioner plays an important role in conducting different types of election. The deputy
commissioner works as returning officer in national election and thus the main person
responsible for collection, compilation and transmission of election results and submission of
elections reports and election accounts.
Through establishing the right of education to all
Education is a fundamental human right and essential for the exercise of all other human
rights. The right to education ensures access to quality schools and to an education that is
directed towards the full development of the human personality In our constitution it is one of
the most important duties of state to ensure free and compulsory education for people.
According to article 17 of the constitution of Peoples Republic of BangladeshThe State shall adopt effective measures for the purpose of
a) establishing a uniform, mass-oriented and universal system of education and
extending free and compulsory education to all children to such stage as may be
determined by law
b) relating education to the needs of society and producing properly trained and
motivated citizens to serve those needs; removing illiteracy within such time as may
be determined by law.
DC office plays an important role to ensure education for all. It is responsible for execution of
schemes for construction of primary schools undertaken by the Government and management
of School Management Committees as per Bangladesh Education Code and governments
rules and circulars. It arranges and supervises Total Literacy Movement and Mass Education.
The Deputy Commissioner and his officers inspect all the educational institutions of the
district. The office is also responsible for Conduction of various public examinations,
Maintenance of law and order in and public examination centers and Control of unfair means
in public examinations.
Public Complaints and Enquiries
DC office receives and takes hearing of various complaints made by the local people. People
complain to deputy commissioner if they things their rights have been hampered. It works on
settling disputes among people on different issues. People also complain in case of any unfair
process or corruption taken place in different institutions and the office takes necessary action
accordingly.
Conclusion
Sustainable development and good governance mostly depends on the proper application of
rule of law. Laws are made for the welfare of the people, to bring a balance in society, a
harmony between the conflicting forces in society. One of the prime objects of making laws
is to maintain law and order in society, a peaceful environment for the progress of the people.
Although the ultimate responsibility to protect law and order and to establish rule of law
vested on the Government, but the Office of the Deputy Commissioner on behalf of the
government performs this critical job. Historically, the office of the Deputy Commissioner
carried the image of impartiality and succor of justice. Having no personal or selfish motive
in any local property or group, the office provides impartial decision in disputes. The DC is
considered to be last resort for impartial decisions on many social, economic and
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