Bangladesh's New Judiciary Law Sparks Fierce Debate Over Independence

A new ordinance aimed at giving Bangladesh's judiciary greater independence has sparked debate among legal experts and government officials. The Supreme Court Secretariat Ordinance, 2025, proposes financial and administrative autonomy for the courts, but the law ministry has raised concerns about its potential risks.

A 12-member parliamentary committee is now reviewing the draft law, which would shift significant control to the chief justice over budgets and judicial appointments.

The ordinance would grant the Supreme Court Secretariat full financial autonomy, allowing it to manage its own budget and staff. Currently, the secretariat operates with 34 employees and is close to becoming fully functional. Under the new rules, the chief justice would oversee subordinate court judges and judicial funding through the secretariat.

However, the law ministry has objected to Article 7 of the ordinance, arguing that it concentrates too much power in one place. Officials proposed either removing the article entirely or making it effective only after government approval through a gazette notification, following Supreme Court consultation. Legal experts have weighed in with differing views. Retired district judge Md Masder Hossain criticised the ministry's stance, warning it could weaken long-standing efforts to separate the judiciary from executive control. Meanwhile, lawyer Mohammad Shishir Manir cautioned that the government's resistance might undermine judicial independence and even risk contempt of court. Committee member AM Mahbub Uddin (Khokon) supported the ordinance, calling it essential for ensuring full judicial autonomy. The debate continues as the special parliamentary committee reviews 133 ordinances, including this one, before making a final decision.

The outcome of the committee's review will determine whether the ordinance moves forward in its current form or with amendments. If approved, the law would mark a significant shift in how Bangladesh's judiciary operates, placing greater financial and administrative control in the hands of the chief justice. The government's next steps will clarify how much autonomy the courts will ultimately receive.