Govt okays draft law to establish separate secretariat for SC

Staff Reporter :

The interim government has granted final approval to the draft Supreme Court Secretariat Ordinance 2025, paving the way for the establishment of a separate secretariat for the country’s apex court in a major stride toward ensuring full judicial independence.

The approval came at a meeting of the Council of Advisers held at the Chief Adviser’s Office in Tejgaon, with Chief Adviser Professor Mohammad Yunus presiding. Later, at a press briefing at the Foreign Service Academy, Law, Justice and Parliamentary Affairs Adviser Prof Asif Nazrul described the decision as the “full implementation” of the Masdar Hossain verdict, which mandated the separation of the judiciary from the executive nearly two decades ago.

According to Prof Nazrul, the creation of an independent Supreme Court Secretariat has been a longstanding demand of civil society, jurists, and political parties for more than 20-30 years. Both the Judicial Reform Commission and the National Consensus Commission had earlier recommended such a mechanism. “Today is truly a historic moment. Many governments promised this over the years, but we have finally reached a decisive stage,” he said.

Under the new ordinance, all administrative powers related to lower-court judges-including recruitment, transfer, promotion, posting, and disciplinary actions-will shift from the Ministry of Law to the Supreme Court’s own secretariat. Once the secretariat becomes fully functional, the government will no longer exercise any authority over these matters. However, the ordinance will take effect only after the secretariat is formally established, a process expected to be completed within the next few months.

The ordinance also aims to enhance the financial autonomy of the judiciary. A scrutiny committee, led by an Appellate Division judge nominated by the Chief Justice, will evaluate all development projects for both higher and lower courts. The Chief Justice will have sole authority to approve projects costing up to Tk 50 crore. Projects exceeding that threshold will be forwarded to ECNEC through the Planning Commission, granting the Supreme Court direct project-approval power for the first time.

Chief Adviser’s Press Secretary Shafiqul Alam informed reporters that the Supreme Court Secretariat Ordinance was the most important among the eight agenda items reviewed at the Council meeting. He added that the government has also approved, in principle and finally, the Land Use Control and Protection of Agricultural Land Ordinance 2025, aimed at safeguarding agricultural land amid population growth. The proposal emphasizes restricting the use of farmland for non-agricultural purposes and protecting ecologically sensitive regions, including wetlands, forests, hills, and coastal zones. Preparation of a national zoning map has also been outlined. Additionally, the draft ordinance on Prevention and Suppression of Human Trafficking and Smuggling of Migrants received in-principle approval.

At the press briefing, Prof Nazrul also highlighted another “historic development,” revealing that the Appellate Division has reinstated the caretaker government system by allowing civil appeals in related cases. He noted that the Fifteenth Amendment-which abolished the caretaker government-had initially been declared unconstitutional, and the Supreme Court has now overturned the earlier verdict delivered by former Chief Justice Khairul Haque. However, he clarified that the restored caretaker system will take effect only after the next national election since the current parliament has already been dissolved.