An independent judiciary is a cornerstone of any democratic society where justice is administered without bias or external influence.
In Bangladesh, this basic element of a democracy was under severe strain as we have seen that ruling parties, in some cases, preferred to appoint loyal people as judges and law officers.
This very practice posed a threat to basic principles of an independent judiciary. The judiciary acts as a guardian of the Constitution and the rights of citizens. It is tasked with interpreting the law impartially, remaining free from any political influence or pressure.
In a democratic system, the judiciary serves as a check on the other branches of government, ensuring that they operate within the bounds of the law. This separation of power is essential for preventing the abuse of authority and maintaining the balance necessary for a functioning democracy.
In Bangladesh, the judiciary has historically played a crucial role in safeguarding the rights of the citizens, often stepping in to correct executive overreach. However, this role can only be effectively fulfilled if the judiciary remains independent and free from political interference.
Unfortunately, the judiciary was made highly controversial during the last one and a half decades. It was open secret that courts were dictated by the government and nakedly used as an instrument to clamp down on dissenting and opposition voices.
At one stage people in general lost confidence in the court and justice became illusive for many. All these resulted from the absence of a transparent process to recruit judges and law officers.
After the fall of the Hasina regime through mass upsurge, people are now expecting a real and meaningful reform of the judiciary so that it could perform independently.
However, some disturbing developments are taking place on the court premises that have made people apprehensive about the fate of judicial reform.
As several judges, and 107 law officers including the Attorney general, have resigned, pressures are reportedly piling up on the administration from different political parties to fill up these vacant posts with people loyal to them.
If the government succumbs to such demands it will come as a severe blow to the process of establishing an independent judiciary.
This government must not follow the old practice of recruiting judges and law officers under political consideration ignoring their merit.
The judiciary risks becoming a pawn in the hands of political actors if the posts that have fallen vacant following resignations of judges and law officers are filled up under outside pressure.
Such interference undermines the impartiality of the judiciary, as judges and law officers might feel beholden to the political forces that facilitated their appointments. This creates a conflict of interest, where the rule of law could be compromised in favour of political expediency. The impartial application of justice becomes questionable, leading to a loss of public confidence in the judiciary's ability to act as an unbiased arbiter.
Moreover, this politicization can lead to a situation where legal outcomes are influenced by political considerations rather than the merits of the cases. This not only causes damage to the credibility of the judiciary but also erodes the public's trust in the justice system. When citizens believe that justice is not being administered fairly, it weakens the social contract and can lead to civil unrest and a breakdown of the rule of law.
To address these challenges, it is imperative that Bangladesh undertakes comprehensive judicial reforms aimed at strengthening the independence of the judiciary. These reforms should focus on creating transparent and merit-based processes for the appointment of judges and law officers. A judicial appointments commission, free from political influence, could be established to oversee the selection of judges and law officers based on their qualifications, experience, and integrity.
In addition to reforming the appointment process, it is essential to ensure that judges and law officers have security of tenure. This means that they should not fear removal from office for political reasons. Clear and stringent criteria for the removal of judges, such as proven misconduct or incapacity, should be established, and any process for removal should be carried out through an independent and impartial body.
It is crucial that the government, civil society, and all stakeholders in Bangladesh recognize the gravity of this situation and work together to implement judicial reforms that will safeguard the independence of the judiciary. Only through a strong and independent judiciary can Bangladesh ensure that justice is served, the rule of law is maintained, and democracy is preserved for future generations.
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