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The Acting Judges Act, 1867

Act No. XVI of 1867
Date of Assent: 1st March, 1867
Status: Active

Preamble

An Act to authorize the making of acting appointments to certain Judicial Offices.

WHEREAS the President, is empowered by divers enactments to appoint the Judges of certain Courts in Bangladesh: And whereas it has been doubted whether he is empowered to appoint persons to act temporarily as such Judges, and it is expedient to remove such doubt; It is hereby enacted as follows:

Main Provisions

Section 1 - Power to Appoint Acting Judges

In every case in which the President, has power under any Act or Regulation to appoint a Judge of any Court, such power shall be taken to include the power to appoint any person capable of being appointed a permanent Judge of such Court, to act as Judge of the same Court for such time as the President, shall direct.

Every person so appointed to act temporarily as a Judge of any such Court shall have the powers and perform the duties which he would have had and been liable to perform in case he had been duly appointed a permanent Judge of the same Court.

Section 2 - Certain Enactments to be Construed as if They Contained a Clause Like Section 1

Every such Act and Regulation shall be construed as if it contained a special clause to the purport or effect of the first section of this Act.

Historical Context

This Act was enacted to clarify and authorize the appointment of acting judges to temporarily fill judicial positions, addressing doubts about the President's power to make such temporary appointments.

Purpose and Scope

The Act serves several important functions:

  1. Legal Clarity: Removes any doubt about the authority to appoint acting judges
  2. Judicial Continuity: Ensures that courts can continue to function even when permanent judges are temporarily unavailable
  3. Administrative Flexibility: Provides the executive with necessary powers to maintain judicial operations
  4. Equal Authority: Grants acting judges the same powers and duties as permanent judges

Current Application

This Act continues to provide the legal foundation for appointing acting judges in Bangladesh's judicial system, ensuring continuity of judicial services when permanent judges are absent due to:

  • Illness or leave
  • Vacancy pending permanent appointment
  • Temporary assignments
  • Administrative requirements

The Act ensures that the judicial system can maintain its operations without interruption while preserving the authority and dignity of temporary judicial appointments.

Significance

This legislation represents an important aspect of judicial administration, balancing the need for: - Stability in judicial appointments - Flexibility in court operations
- Continuity of legal proceedings - Equal treatment of acting and permanent judges

Source: Bangladesh Laws - Ministry of Law, Justice and Parliamentary Affairs
Available at: http://bdlaws.minlaw.gov.bd/act-details-17.html