Introduction

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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History of rule of Law

The notion of the rule of law stems from many traditions and continents and is intertwined
with the evolution of the history of law itself. The term 'Rule of Law' is derived from the
French phrase 'La Principe de Legality' (the principle of legality) which refers to a
government based on Principles of law and not of men. In this sense the concept of 'La
Principe de Legality' was opposed to arbitrary powers.
The Code of Hammurabi, promulgated by the King of Babylon around 1760 BC, is one of the
first examples of the codification of law, presented to the public and applying to the acts of
the ruler. In Greece Aristotle wrote thatLaw should be the final sovereign; and personal rule, whether it is exercised by a single
person or a body of persons, should be sovereign in only those matters which law is unable,
owing to the difficulty of framing general rules for all contingencies.
In the thirteenth century Bract on, a judgment in the reign of Henry III wrote
The king himself ought to be subject to God and the law, because law makes him king.
The Magna Karta of 1215 was a seminal document, emphasizing the importance of the
independence of the judiciary and the role of judicial process as fundamental characteristics
of the rule of law. According to article 39 of Magna Karta, 1215
No freeman shall be taken imprisoned or diseased or exiled or in any way destroyed, nor
will we go upon him nor send upon him, except by the lawful judgment of his peers or by the
law of the land.
Features of rule of law
The relevance of the Rule of Law is demonstrated by application of the following principles
in practice:

Appropriate use of laws.

Impartial and neutral use of laws.

Protect the fundamental rights by the laws.

Implementation of laws free from any interferences and influence.

Laws run in its own way.

The separation of powers among the different organs of the state.

The law is made by representatives of the people in an open and transparent way.
The law and its administration are subject to open and free criticism by the people,
who may assemble without fear.
The law is capable of being known to everyone, so that everyone can comply.
No one is subject to any action by any government agency other than in accordance
with the law and the model litigant rules; no one is subject to any torture.

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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.

Uphold the status of democracy.

Rule of law and the Constitution of Bangladesh

In the constitution of Bangladesh Rule of Law has its own place. According to the
constitution of
Bangladesh "It shall be fundamental aim of the state to realize through the democratic process a socialist
society, free from exploitation - a society in which the rule of law, fundamental human rights
and freedom, equality and justice, political economic and social, will be secured for all
citizens. In accordance with this pledge the following positive provisions for rule of law
have been incorporated in the constitution:
In our constitution, article 27 guarantees that all citizens are equal before law and are entitled
to equal protection of law. Article 31 guarantees that to enjoy the protection of the law, and to
be treated in accordance with law, is the inalienable right of every citizen, wherever he may
be and of every other person for the time being with in Bangladesh, and in particular no
action detrimental to the life, liberty, body, reputation or property of any person shall be taken
except in accordance with Law.18 fundamental rights have been guaranteed in the
constitutional arrangement for their effective enforcement has been ensured in Articles 44 and
102. Article 7 and 26 impose limitation on the legislature that no law which is inconsistent
with any provision of the constitution can be passed. In accordance with Article 7, 26 and
102(2) of the constitution the Supreme Court exercise the power of judicial review whereby it
can examine the extent and legality of the actions of both executive and legislative and con
declare any of their actions void if they do anything beyond their constitutional limits. Right
to be governed by a representative body answerable to the people have been ensured under
Articles 7(1), 11, 55, 56, 57 and 65(2) of the constitution.18 All these provisions of
constitution are effective for ensuring rule of law in Bangladesh.

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Evolution of District Administration in Bangladesh

During Mughal period, district or Sarker system of government was not considered with
much importance, for that reasons, its organization was very weak. But Mughal emperors
initiated an efficient, effective and well organized administrative system in the Subas or
provincial level. In comparison, sarker or district system was much ignored and less
organized.
At the onset of East India Company, the organogram of collectorate (presently district
administration office or DC office) was very simple. In 1698, Mr. Rulph Sildon, an additional
member of company council was made collector of three villages namely Sutanoti,
Govindapur and Calcutta and he was given only three staffs for his assistance.
The East India Company gradually assumed the political and administrative functions. They
adopted the Mughal system of administration and further developed it. The functions of
Dewan of Bengal were taken over by the East India Company in 1771 (Ali, 1978). Waren
Hastings, Governor General of India divided the province of Bengal into 23 districts in 1772
and posted one Collector of revenue in each district. European collector was used to be
assisted by a native Dewan. There were some revenue collectors and general staffs under
control of Dewan. Separate staffs and employees were for judiciary. The collector was also
appointed to act as the judge of local dewani adalot or civil court. In 1769, police was
brought under the control and supervision of the Collector who was assisted by a
superintendent of police (SP).
In 1786, the East India Company decided that the Collector should be retained as a permanent
feature of local administration and advised to combining the person of revenue administrator,
civil judge and Magistrate. Accordingly, the province of Bengal was divided into 36 districts
in 1786 and a Collector was posted to each of them.
In 1869, the government started to focus on the problems and grievances of people and for
that reason the functions of district administration became expanded. The MagistrateCollector was made the general controlling authority over all departments of the district and
thus became the chief executive and administrator of the district.
From 1888 Collector was being appointed from ICS officers and some junior from provincial
services were deputed to help the collector. Simon Commission in 1930 recommended that
the Collector should remain the head of the district administration over the heads of the
technical departments and the superintendent of police (SP). The Collector was subsequently
entrusted with maintenance of law and order and administration of criminal justice.
After the exit of British in 1947 extra duties like control of food price, food supply and other
responsibilities included in district administration. As the concept of peoples welfare and
public interest pre-dominated the notion of ruling the people, district administration was
entrusted with different types of responsibilities. In 1950 after the state acquisition of the
jamindaris (land lordship) Collectors work increased a lot.
In 1959, Administration Reform Commission (ARC) was set up by the Government to
recommend measures for improvement of administration in order to deal with development
programs. One of the recommendations was to change the designation of District Magistrate
(DM) to Deputy Commissioner (DC) and to strengthen his position by giving new powers in
order to make him more effective for the implementation of development programs (Ali,
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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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organization at district level. Researchers argued that if citizens trust in an organization is

high, that organization also has higher level of trust among the coworkers and between
subordinates and superiors. Askvik (2011) shows that DC office is one of the most trusted
public institutions in Bangladesh.
Functions of District Administration
Up to 1922, in every collectorate, 2-3 deputy magistrate, and 10-15 clerks and equal numbers
of orderly were worked. According to Chapman Committee Report there was an office
superintendent to assist the personal affairs of District Magistrate and Collector. One
additional district magistrate (ADM) was there as a subordinate to District Magistrate. In that
time, each collectorate had six sections. Their name and functions are1. General section:election, rural development, library, forms and stationary,
establishment.
2. Judicial munshikhna(JM) section: fire arms license, motor vehicle etc;
3. Nezarat section:protocol and others;
4. Record room management; Treasury, stamp, accounts section; and
5. Revenue munshikhana section: land acquisition, certificate case etc.
Every activities of a section were supervised by a District Magistrate and Collector. A head
assistant in general section, a judicial peshkar in JM section, Nazir in nezarat, record keeper
in record room, treasurer and accountant in treasury and accounts section and revenue
peshkar in revenue munshikhana (RM) did their assigned jobs. Every section had one or more
assistant staff and peons or orderly.
The Rowland Committee on 1944-45 formally and specifically delineated the duties of DC as
follows:
1. Maintaining law and order,
2. Collection of revenue,
3. Civil supplies,
4. Development and
5. Other duties in the district on behalf of the Government.
In 1961, ADC (development) had two sections, one- basic democracy section and two
development planning section. An assistant director in basic democracy and a planning
officer assisted ADC (development). ADC (General) had four sections, one- nezarat,
establishment, common service and dispatch, two- licence and press, three- treasury, stamp
and tax and four- forms, stationary and library. ADC (Revenue) had four sections under his
control. They are land acquisition, customs, certificate case and record room sections. Every
section was headed by a senior assistant commissioner or an assistant commissioner.
After the liberation of Bangladesh, the supervisory powers and functions of the DCs over the
district level offices of other departments, corporation and local bodies were reduced
considerably. Accordingly, the Cabinet Division examined the whole issue in depth. Enam
Committee suggested that the traditional functions and responsibilities of DC will have to
continue in order to ensure effectiveness of the central government in the environment of
changing situation. Considering all the matters, the Cabinet Division in November 1983
published a charter of duties of DC.

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Role of DC office in ensuring Rule of Law:

The Government is represented by numerous department and agencies at the district level.
These agencies are the instruments of government policy and thus share and work within the
overall objective of that policy. The duties and responsibilities of each are assigned and
separate but this general allocation does not and cannot exclude overlapping, duplication,
impingement on each other and competing claims. Besides, there is need for cooperation,
accommodation and mutual assistance. Coordination at the district level is achieved mainly
through the office of the Deputy Commissioner. Deputy Commissioner is preferred as
coordinator over all other contenders because of its inheritance of prestige and power,
multifunctional character, and its traditional role of representative of and trouble-shooter to
the government. As the office of the Deputy Commissioner works as the centre pint of all the
departments and agencies at the district level so plays an important role in ensuring rule of
law in the district level. The role of DC office in ensuring rule of law in the district level has
been discussed below:

Through maintaining public order and security

DC office uphold rule of law through maintaining public order and security. It maintains
public order in the events of riot,hartal, public examination, communal and political tension,
labour troubles and to meet other emergencies. The deputy commissioner issue preventive
orders under section 144 Cr. P. C. for maintenance of peace and order when there is
apprehension of breach of peace between parties. It controls acid violation, use and
trafficking of drugs. It works to prevent woman & child oppression, woman and child
trafficking, dowry, anti terrorism activities etc. It also controls acid violation, goonda elements,
touts and cattle-lifters etc.It controls fire arms by verifying and cancelling if any
inappropriate issue arises.
District Law and Order Committee is entrusted in maintaining law and order at district level
and the committee as per Government directives is represented by concerned authorities.
Deputy Commissioner is the chairman of the district Law and Order Committee. District law
and order committee is assigned to examine crime and the overall law and order situation of
the district, initiate and execute plan to keep the law and order situation stable, start and
implement program to prevent the criminal activities, to take programs and implement these
programs in order to control heinous crime i.e. murder, rape, kidnapping, acid throwing, eve
teasing, extortion etc, aware citizen and involve them in activities to control crime and
criminals, encourage the law enforcing agency to take integrated steps in order to prevent
crime, take all other necessary steps to maintain stable law and order situation, and act as per
direction given by the government time to time.
Again Police Magistracy Meeting is an important way to coordinate issues arises between
police and Magistrates. In this meeting the overall crime feature, the progress of investigation
by police, First Information report (FIR), Seizure list, charge sheet, Final Report, progress of
process execution, arrest by police under 54 and other related matter are discussed. District
Magistrate is president and Police Super is member in the meeting. Different issues between
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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.

Through Revenue Functions

DC office Control and supervise all the revenue offices and functionaries in the district. It
maintains record of rights. Hearing of appeals in certain revenue cases is one of the most
important functions of ADC(R).By this process DC office resolve land conflicts between
parties and protect the rights of people. The deputy commissioner and ADC (R) inspect
revenue offices and enforce rule of law in those offices. The office has a record room which
keeps records and deeds of peoples properties. Recovery of possession of Khas land by
evicting illegal occupants is another important function of DC office. It administers and
develops hat- bazaars and Sairat Mahals in a way so that public rights are not hampered. It
implements agricultural & Non-agricultural Khas land Settlement policy, Government's Land
Reform Policy and Rehabilitation programs like Abasan, Ideal village, Cluster Village for
poor and landless people to uphold the fundamental rights of people mentioned in the
constitution. It submits report returns and accounts to the Government and by doing that
transparency and accountability are maintained in dealing with public properties.

Through Administering Jails

The Deputy Commissioner takes steps for the welfare of prisoners. He inspects & visit jails
and also processes the case for appointment of non-official jail visitors. He grants divisions to
the under trial prisoners and convicts.
Through Election Matters
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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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development problems. People of Bangladesh have been accompanied with district

administration for a long time, which has served the cause of the people for a good many
years.

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