Reform: Can Bangladesh's judiciary finally break free of executive control?

The Judiciary Reform Commission (JRC), born out of the student- and people-led July Uprising of 2024, has come to symbolise more than mere institutional repair - it represents a renewed national demand for justice free from political manipulation.
At the heart of its sweeping 28-point reform package lies a single, urgent question: can Bangladesh finally disentangle its judiciary from the long shadow of executive interference?
Since Bangladesh's independence in 1971, judicial independence has been more of an aspiration than a reality. Though the Constitution guarantees separation of powers, decades of executive dominance have stifled the judiciary, from politically influenced judicial appointments to the administrative stranglehold exercised by the Ministry of Law.
The Judiciary Reform Commission, constituted by the interim government under Chief Adviser Muhammad Yunus in October 2024, has made severing these ties its core mission. And now, as the country nears the first anniversary of its revolutionary transition, that mission is being tested.
From the outset, the commission, led by former Appellate Division Justice Shah Abu Naeem Mominur Rahman, set an ambitious tone. It gathered feedback from over 15,000 stakeholders, including judges, lawyers, academics, and citizens, in an unprecedented public consultation campaign. Their message was clear: without a judiciary that is independent in both form and function, no other reform - be it electoral, administrative or economic - will be sustainable.
The commission's most consequential proposals directly confront the executive's grip. First among these is the creation of a separate judicial secretariat, designed to free the court system from the bureaucratic control of the law ministry. Historically, the ministry has managed everything from court budgets to staff appointments, effectively subordinating the judiciary to the executive branch.
The JRC's plan to transfer these powers to the Supreme Court itself is not merely administrative - it is constitutional realignment. The interim government's move to enact this change through ordinance in January 2025 marks a significant, if partial, victory for judicial autonomy.
Another milestone in breaking executive control is the proposed formation of the Supreme Court Judges Appointment Commission (SCJAC). For decades, judicial appointments have been tainted by political favouritism and patronage. Under the proposed system, a nine-member commission led by the Chief Justice - but independent of the executive - would oversee appointments based on merit, not political alignment. This would replace the opaque and executive-led system currently in place. By February 2025, the commission's ordinance had already been drafted, and by mid-year, stakeholders reported that groundwork for implementation was underway.
Yet, reform in Bangladesh rarely proceeds without friction. Executive resistance, often covert, has started to surface. The Judicial Service Association has voiced strong opposition to certain provisions, such as granting district commissioners limited judicial powers. Though this specific debate centres on another form of overreach, it reflects a broader institutional discomfort with redistributing power.
Similarly, the inclusion of politically active bar association leaders in the Supreme Court Judges Appointment Commission has raised concerns among legal professionals, who fear that executive influence may return through the back door.
Despite these tensions, momentum remains strong. The National Consensus Commission, which brings together political parties to shape long-term reform agendas, has recently achieved a significant breakthrough. As confirmed by Dr Ali Riaz, vice-chair of the National Consensus Commission, all major parties have agreed to amend Article 100 of the Constitution - allowing permanent High Court benches in divisional cities.
This move, though framed as decentralisation, also reduces the concentration of judicial authority in Dhaka, making the system more responsive to local needs and less susceptible to centralised political control.
The fact that such a move has cross-party backing, despite its earlier rejection in the 8th Amendment ruling, suggests a shift in political will that could prove decisive.
Speaking to The Financial Express, a judicial magistrate of a district Chief Judicial Magistrate Court, on condition of anonymity, highlighted the systemic challenges ordinary citizens face in accessing justice under the current legal structure.
"According to the current system, anyone can pursue a case at the High Court in Dhaka. But for most people outside the capital, especially in rural areas, it's simply not feasible."
He noted that pursuing legal proceedings in Dhaka demands repeated travel, extended stays, and the hiring of costly lawyers - expenses most cannot bear. "It's not just distance. It's the cost of transport, accommodation and legal fees. Many people abandon their cases because they can't afford to continue."
The judicial magistrate also said the proposed judicial reforms - particularly the establishment of permanent High Court benches in each division - could significantly ease this burden. "Decentralising the higher judiciary would allow people to handle cases closer to home, saving time and money while improving access to justice for the poor and marginalised."
He cited Lalmonirhat as a case in point. "It's a large, dispersed district. Travelling from a remote upazila just to reach the district court is a struggle - so imagine the difficulty of maintaining a case in Dhaka."
Beyond improving access, the judicial magistrate noted that reforms would strengthen the judiciary overall by prompting the recruitment of more judges and lawyers.
"It's about making justice affordable and accessible. With proper implementation, people will finally receive timely legal aid - often at minimal or no cost. Justice must be brought to the people, not the other way around."
However, the reform process has also received crucial support from international institutions. A UNDP-sponsored national seminar in June 2025 brought together judges, reform advocates, and policy-makers under one roof.
Chief Justice Syed Refaat Ahmed's speech at the event made headlines for its rare candour: he called the reforms "not symbolic, but existential," and insisted that institutional independence, financial autonomy, and digital infrastructure must go hand-in-hand. His open endorsement of the JRC's agenda added much-needed judicial legitimacy to the reform process.
Still, time is running out. The national elections, expected by early 2026, loom large over the process. If reforms are not institutionalised before a new government takes power, there is a real risk they could be diluted - or reversed altogether. The current leadership has passed key ordinances, but many changes still require constitutional amendments and long-term implementation strategies. In the absence of robust legal safeguards, even the best reforms remain vulnerable to political tides.
The JRC's proposals are ambitious, but their underlying goal is simple: to create a judiciary that serves justice, not power. This means resisting the temptation to settle for halfway reforms, where executive interference is only superficially curtailed. The true test will lie not in the drafting of laws, but in their application - in the daily functioning of courts, in the courage of judges, and in the transparency of appointments and administration.
As of July 2025, Bangladesh finds itself at a critical junction. The foundations of reform have been laid. The Supreme Court Judges Appointment Commission is on its way. Political consensus on key issues has been reached. Yet the journey from blueprint to reality is far from over.
Executive overreach is deeply embedded in institutional culture and will not vanish with the stroke of a pen. Sustained civic pressure, media vigilance, and a committed judiciary will be essential to push reforms beyond the realm of possibility into permanence.
The question is not whether judicial independence is desirable. It is whether Bangladesh is ready - legally, politically, and morally - to make it real. The answer, in this fragile but hopeful moment, is still unfolding.

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