Separation of the judiciary from the executive
Thursday, 1 November 2007
The separation of the judiciary from the executive from today is indeed a significant event in the history of Bangladesh. There were many reasons for eagerly waiting for this development. First of all, the judiciary's separation has been an unfulfilled constitutional objective for the last 36 years. The goal was set, based on the principles of creating adequate checks and balances among the three main organs of governance -- the executive, the legislative and the judiciary. The separation of powers is essentially purported to avoiding concentration of power and resultant abuses and also for fulfilling the objectives for setting the basics right for a properly functioning democratic system. The judiciary's separation or independence has also been sought over the years since independence to protect and promote fundamental rights and liberties of citizens or their other means of seeking redress against actions of the government judged as not fair or repressive. Finally, an independent judiciary is expected to dispense justice impartially without being influenced by any quarter. Besides, once freed from any governmental control whatsoever, the judiciary is also expected to devote itself with vigour and no fetters to its self development.
Thus, the portals have opened to move towards the achievement of all of these cherished goals and more, with the judiciary now poised to exercise its independent existence from the first day of the current month. But everything in the operation of the judiciary will not show a sudden substantial improvement from day one after the changeover. Only the process will start and it would be up to the leadership of the judiciary, really, to utilise the opportunities and powers gained from the separation to work towards gradually accomplishing tasks to make its independence truly meaningful and useful. For example, the judicial system remains burdened by too many cases pending before it. The capacity of the system for disposal of such cases much faster will have to be developed. This, in turn, will call for much capacity building including upgrading and modernising of outdated capacities and adding new ones. Many other pressing needs will have to be addressed such as making it easier for the preponderant number of poor and disadvantaged people, to access the courts easily.
The in-built deficiencies in the system relating to recruitment of judicial officials and selection of judges have grown over the years. There are no quick fixes to such problems. The issues concerning efficiency and integrity will need time to help overcome related problems. And these will have to be very effectively addressed to make the judiciary ideally the fittest in all respects. Thus, carrying out reforms of the judiciary can make the move meaningful to make the judiciary free from the executive. Such reforms are also indispensable because the judiciary, specially its higher echelons, would emerge as the watchdog over the lower judiciary under the new arrangement. With high levels of competence and integrity at different tiers of the judiciary, the operational performance of this vital institution of governance will be able to deliver its best, meeting the expectations of the people. The role of the judiciary, now in the wake of its separation from the executive, is of paramount importance for good governance. The mettle as well as the vision of the ones, at the top of the judiciary, will be a critical factor for shaping its role in the days ahead.
It should be also realised that independence ought not to mean a complete cut-off of the judiciary from the executive. The executive, the judiciary and the legislature all need to also work harmoniously in many areas while maintaining their independence from each other. This is required for the smooth operation of statecraft as a whole and the maintenance of an unhazarded functional democratic system. The independent judiciary in Bangladesh will have to appreciate also these unstated rules of the game in the best interests of the people and the state.
Thus, the portals have opened to move towards the achievement of all of these cherished goals and more, with the judiciary now poised to exercise its independent existence from the first day of the current month. But everything in the operation of the judiciary will not show a sudden substantial improvement from day one after the changeover. Only the process will start and it would be up to the leadership of the judiciary, really, to utilise the opportunities and powers gained from the separation to work towards gradually accomplishing tasks to make its independence truly meaningful and useful. For example, the judicial system remains burdened by too many cases pending before it. The capacity of the system for disposal of such cases much faster will have to be developed. This, in turn, will call for much capacity building including upgrading and modernising of outdated capacities and adding new ones. Many other pressing needs will have to be addressed such as making it easier for the preponderant number of poor and disadvantaged people, to access the courts easily.
The in-built deficiencies in the system relating to recruitment of judicial officials and selection of judges have grown over the years. There are no quick fixes to such problems. The issues concerning efficiency and integrity will need time to help overcome related problems. And these will have to be very effectively addressed to make the judiciary ideally the fittest in all respects. Thus, carrying out reforms of the judiciary can make the move meaningful to make the judiciary free from the executive. Such reforms are also indispensable because the judiciary, specially its higher echelons, would emerge as the watchdog over the lower judiciary under the new arrangement. With high levels of competence and integrity at different tiers of the judiciary, the operational performance of this vital institution of governance will be able to deliver its best, meeting the expectations of the people. The role of the judiciary, now in the wake of its separation from the executive, is of paramount importance for good governance. The mettle as well as the vision of the ones, at the top of the judiciary, will be a critical factor for shaping its role in the days ahead.
It should be also realised that independence ought not to mean a complete cut-off of the judiciary from the executive. The executive, the judiciary and the legislature all need to also work harmoniously in many areas while maintaining their independence from each other. This is required for the smooth operation of statecraft as a whole and the maintenance of an unhazarded functional democratic system. The independent judiciary in Bangladesh will have to appreciate also these unstated rules of the game in the best interests of the people and the state.