The Judiciary Reform Commission has presented a detailed set of proposals aimed at overhauling the judicial system in Bangladesh, addressing long-standing concerns regarding transparency, accountability, and efficiency.
Former chief justice Shah Abu Naeem Mominur Rahman, head of the Judiciary Reform Commission, formally presented the report to Chief Adviser Dr Muhammad Yunus on Wednesday (5 February).
In light of the multifaceted and complex nature of the judiciary's functions and the country's unique realities, the commission has carefully defined issues relevant to the scope of the judiciary.
The recommendations target not only the Supreme Court and subordinate courts but also various institutions and individuals associated with the judicial process.
In formulating these proposals, the Commission has taken into consideration prevailing challenges, constitutional provisions, relevant laws, institutional frameworks, staffing, and the financial, physical, and logistical aspects that impact judicial operations.
Here is a summary of the proposed reforms -
Judicial appointments and discipline in the Supreme Court
The chief justice's decision will take precedence in determining the number of judges in both divisions of the Supreme Court, with seniority guiding appointments within the Appellate Division.
A new "Supreme Court Judge Appointment Commission" will be established, headed by the chief justice, with nine members to recommend candidates based on open applications.
Judges will be appointed by the president, following recommendations from this commission.
Additionally, a Code of Conduct for judges, applicable to current and former members of the Supreme Court, will be formalised by the Supreme Judicial Council, which will also be empowered to investigate allegations against judges proactively.
Appointments and terms of service for subordinate court judges
The commission has proposed the formation of a Pay Commission to address judicial salaries and allowances, alongside creating policies for the conduct and transfer of judges. Special measures will be implemented to ensure the dignity of judicial officers.
Supreme Court Secretariat
A separate Supreme Court Secretariat will be established to streamline the management of judicial appointments, transfers, promotions, and discipline, currently under executive control.
The reform also calls for changes in the Constitutional Article 88 to incorporate salaries for judicial officers and employees within the judicial budget.
Decentralisation of Courts
Amendments to Article 100 of the Constitution will allow for the establishment of permanent benches of the High Court Division in every divisional headquarters outside the capital.
This reform aims to maintain the integrity of the High Court’s jurisdiction while ensuring broad access to justice across the country.
Subordinate courts will also be set up at district and upazila levels based on geographical and logistical considerations.
Permanent government attorney service
A permanent Attorney Service will be established to represent the state in civil and criminal cases at both the Supreme Court and subordinate courts.
The service will have clear structures for recruitment, promotion, transfers, and disciplinary actions, ensuring the independence and integrity of its members.
Presidential pardon board
A board will be created to review requests for presidential pardons, recommending decisions to curtail the executive’s unchecked power in granting pardons to convicted individuals.
Independent criminal investigation service
A new, independent service for criminal investigations will be formed, completely separate from the police force, to ensure the integrity and independence of investigations.
This service will be governed by its own regulations, and officers will be protected from political influence during their tenure.
Constitutional amendments relating to judicial appointments
Proposals to amend key constitutional provisions have been recommended to reduce executive control over judicial appointments.
The changes include empowering the Appointment Commission, altering the appointment procedure for the chief justice, and increasing the retirement age for judges from 67 to 70.
Strengthening the organisation of subordinate courts
The number of judges in subordinate courts will be increased based on caseload and population.
The commission has also proposed the establishment of specialised commercial courts and a uniform approach to staff recruitment and equipment for all judicial bodies.
Financial independence of the judiciary
A committee within the Supreme Court will oversee the judiciary’s budget, ensuring the allocation and utilisation of funds are free from executive interference.
The judiciary’s budget will be enhanced to support its independence and capacity-building efforts.
This reform package, once implemented, promises to address critical weaknesses in the judicial system, ensuring a more transparent, accountable, and efficient judiciary in Bangladesh.
