Law
opinion
Becoming
a lawyer
Setting
a lucrative goal of becoming a lawyer is not possible
for all. A lawyer is jurist forever and it is a continuous
process. Lawyer called as learned in the society but surprisingly
a lot of lawyers, specially who are practising in the
subordinate court like me, are not competent enough to
become the gladiator of establishing law in the society.
Being social engineer a major portion of the lawyers is
misguiding the clients as well as the courts in raw hands
that is one of the causes of delaying of speedy disposal
of justice. There are more than five thousands lawyers
are practising in Dhaka Court but you will get only few
competent and efficient trial lawyers. Among the all sorts
of practising law, trial advocacy is tough job and the
lawyer community must accept it. "Lawyering is an
art and it can not be availed within short span of time"-this
is a wise saying of the learned senior lawyer of our community.
But in present context the witty lawyers of the modern
world say that lawyering is an art and it must be taught
by adequate training and I do believe that young lawyers
should get proper opportunity through training to competent
for transitional practice of law. Bangladesh need some
articulate lawyers for the sake of democracy, rule of
law and above all establishing law in the society. It
is true that Bangladesh Bar Council has taken pioneer
and vital steps to produce visionary and competent lawyers
for the next generation providing few courses like Bar
Vocational Course (BVC) and Intensive Trial Advocacy course,
organised by Legal Education Training Institute. The course
duration of the first one is only for six weeks and second
one is only one week that are not sufficient at all and
there is no Appellate Advocacy Training in Bangladesh.
To learn about appellate advocacy young lawyers are to
depend on the learned senior lawyers. In fact the competent,
eminent and witty lawyers are too busy that they don't
have adequate time to teach the young lawyers. But they
should bear in mind that it is there implied obligation
to this profession is to make astute lawyers and adroit
justices for this century. Completing the BVC-Batch-8,
I should be grateful to LETI but I have few suggestions
to Bangladesh Bar Council and our learned senior lawyers
to fit the young lawyers to uphold the dignity of the
lawyering profession that are given below:
1.An
Appellate Advocacy Training Program should be started
as soon as possible.
2.Third class in any public examination should be treated
as a disqualification of becoming a lawyer.
3.Bar Vocational Course may be started after passing advocacy
written examination and advocacy viva voce may be held
after completion of BVC.
Mohammed
Mamun Al Feruje LL.M(D.U) Advocate Dhaka Judge Court.
Conflict
between fundamental rights and fundamental principle of
state policy
Fundamental
rights and fundamental principle of state policy are the
most essential ingredients of our constitution. Both of
them serve a useful purpose to reach to the goal of economic
democracy but complexity arises when these two take position
face to face. There is a common notion among the general
people and even among some of the scholars that in case
of conflict between fundamental rights and fundamental
principle of state policy fundamental right will prevail.
Actually, this is totally a wrong idea. This concept was
actually established in India by the prominent case of
Madras v Dorairajan but we are not bound by the decision
of the court of India ,therefore, the situation is different
in Bangladesh. Actually, the framers of the constitution
of Bangladesh were really conscious about the possible
conflict between the provision of Part iii and the principle
of state policy. They predicted that the welfare measure
of the state may be barred by the provision of part iii
of the constitution and therefore they specially provided
in the article 47 that in specified matters any law made
shall be immune from the challenge on the ground of inconsistency
with part iii if the parliament declares such law has
been made to give affect to any of the fundamental principle
of state policy. In other words parliament has ability
to make fundamental right subordinate to the fundamental
principle in certain cases mentioned in article 47 in
our constitution. Hence,one should not ignore the principle
of state policy , but should adopt the principle of harmonious
construction and attempt to give effect to both of them.
Putul,
2nd year Dept of Law, Dhaka University.
