Articles

As the use of mobile courts in Bangladesh increases, many important issues arise regarding compliance with the constitutional principle of separation of powers, especially related to potential overlaps between the executive and judicial branches. This article examines how legal powers go together as well as how mobile courts operate effectively within the South Asian context, with a specific focus on Bangladesh. By using a doctrinal and analytical research methodology to examine the relevant constitutional provisions, statutes, case law, and the operational/functional structure of the mobile courts from a legal perspective. It further analyzes their impact on judicial independence, executive control, and the protection of citizens’ rights. Based on the research, mobile courts provide greater access to justice, and the ability to resolve disputes quickly, especially in rural areas of Bangladesh; however, operating mobile courts raises the possibility of consolidating executive authority and judicial authority, which will disrupt the balance of institutions within the government. In addition, the absence of meaningful regulation of the operation of mobile courts intensifies the concerns over due process and accountability. The contribution of this article will be to highlight the need for a stronger legal/institutional regulatory framework for mobile courts, in order to maintain the benefits, without violating the constitutional principle of separation of powers. Finally, this article proposes enhancing structural safeguards to promote judicial independence and so that the executive branch promotes democratic governance in Bangladesh.