Power and Function of Prime
Minister
Presented By
Md: Tafajjal Huque Sarker Tapu
ID: 170170453
LLB (Hon’s), Fall 2018
Northern University Bangladesh
Content of this Presentation
1. Prime Minister Powers in the light of
Constitutional Extent
2. Executive power
3. Legislative power
4. Judiciary power
5. Leadership refuted function
6. Financial function
7. Others
Prime Minister Powers in the light of
Constitutional Extent
Article 48(3) of the constitution states: "In the exercise of all
his functions, save only that of appointing the Prime Minister
pursuant to Clause (3) of article 56 and the Chief Justice
pursuant to clause (1) of article 95, the President shall act in
accordance with the advice of the Prime Minister."
It means that the president of Bangladesh shall act on the
advice of the prime minister in all matters except appointing
the prime minister and the chief justice. As long as the prime
minister and his cabinet continue to hold office, article 48 (3)
is in operation.
Executive power
Executive Any modern state stands on three basic pillars:
executive, judiciary and legislature. Most of the newly
independent states, while adopting their constitutions, have
been vigilant about giving attention to the type, nature, and
powers of the executive branch of the government. Several
models are there to fashion the details of the executive.
Bangladesh followed in turn the Presidential and the
parliamentary models of executive. The legal basis of the
Bangladesh provisional government, established on 10 April
1972, was provided by the proclamation of independence
which was to take effect from 26 March 1971.
Cont.
The Provisional Constitution created by the decree had all
the features of the British Westminster type of government
with a council of ministers headed by a Prime Minister to
aid and advise, and a ceremonial head of the state, namely
the President. The Order enabled Sheikh Mujibur Rahman
to step down from the presidency to become the Prime
Minister, whereas Section 8 provided the opportunity for
Justice abu sayeed choudhury, who was not a member of
the Parliament, to assume the presidency until a President
was elected under the new constitution.
Legislative power
Legislative power is vested in both the government
and parliament. The Constitution of Bangladesh was
written in 1972 and has undergone thirteen
amendments.
The prime minister is ceremonially appointed by the
president and must be a member of parliament
(MP), commanding the confidence of the majority of
the MPs. The cabinet is composed of ministers
selected by the prime minister and appointed by the
president
Judiciary power
Constitutional authority vested in courts and judges to hear
and decide justiciable cases, and to interpret, and enforce or
void, statutes when disputes arise over their scope or
constitutionality.
judiciary is administered through the justice, constitutional
control and other forms established by the law.
The public justice is one of the forms of administration of the
judicial power. The justice is administered by the common
courts through the civil, administrative and criminal
procedures.
Cont.
Budget of the judiciary in many transitional and developing
countries is almost completely controlled by the executive. The
latter undermines the separation of powers, as it creates a critical
financial dependence of the judiciary. The proper national wealth
distribution including the government spending on the judiciary is
subject of the constitutional economics. It is important to
distinguish between the two methods of corruption of the judiciary:
the state (through budget planning and various privileges), and the
private.
The term "judiciary" is also used to refer collectively to the
personnel, such as judges, magistrates and other adjudicators, who
form the core of a judiciary (sometimes referred to as a "bench"), as
well as the staffs who keep the system running smoothly.
Leadership refuted function
In the parliamentary system the leadership of the Prime
Minister is recognized everywhere. The Prime Minister is the
leader of the majority political party in the Assembly. He is
the leader of the legislature. In the assembly his position is
unparallel. The Prime Minister is the leader and chairman of
the Council of Ministers. Centering round him/her the Council
of Ministers are formed, guided and dissolved. The Prime
Minister is the leader of the nation. He/She guides the
programmes on national basis. The Post of Prime Minister in
Bangladesh is very important. Centering round his/her the
government, the country, and the nations are guided. Under
his/her leadership the functions and development of the
state are dependent.
Financial function
At the instance and advice of the Prime Minister
the finance Minister prepares and places the
yearly budget of income and expenditure.
Others
The prime minister has also power and function
that he/she perform sometimes like :
Secretaries Committee and Sub-Committees.
General Administration in Upazilas, Districts
and Divisions.
Warrant of Precedence.
Monitoring of Criminal Justice.
Etc.
Thanks to
Everybody
