Separation of judiciary remains distant

Bangladesh’s dream of a fully independent judiciary hit a setback on Thursday as parliament repeals two key ordinances introduced during the tenure of the interim government, triggering an opposition walkout.

Despite strong objections from the opposition benches, the Jatiya Sangsad passed the Supreme Court Judges Appointment (Repeal) Bill, 2026 and the Supreme Court Secretariat (Repeal) Bill, 2026 through voice votes.

With the passage of the bills, three ordinances promulgated during the interim government aimed at strengthening the independence of the judiciary stand annulled.

The repealed ordinances had introduced provisions for a structured process to appoint Supreme Court judges and for establishing an independent Supreme Court Secretariat.

As a result of the repeal, the judicial system will effectively return to the earlier constitutional framework for appointing Supreme Court judges, leaving no separate law governing the appointment process.

The repeal of the Supreme Court Secretariat Ordinance and its amendment will also dissolve the secretariat that had been established under the interim
 government’s initiative. The secretariat’s budget, projects, and administrative programmes will be transferred to the government’s Law and Justice Division.

Positions created for the Supreme Court Secretariat will be abolished, while judicial officers currently working there will revert to the legal framework that previously governed their service.

Opposition stages walkout

Tensions escalated in parliament as opposition members strongly criticised the government’s move. At around 5:55pm, opposition lawmakers walked out of the House in protest.

Leader of the Opposition and Ameer of Bangladesh Jamaat-e-Islami Shafiqur Rahman said the government had ignored “logical objections” from the opposition while pushing through several controversial bills.

“Regrettably, despite the opposition’s logical objections, several anti-people bills have been passed today. We do not want to take responsibility for them. Therefore, we are walking out of parliament,” he said before leading the walkout.

By the time of the walkout, the parliament had already approved 24 bills, ratifying a number of ordinances issued during the interim administration.

Legal experts voice concern

Legal analysts say the repeal could weaken prospects for ensuring full judicial independence in Bangladesh.

Anti-corruption watchdog Transparency International Bangladesh (TIB) also expressed concern over what it described as a rollback of important reforms.

In a statement issued on Thursday, TIB warned that repealing key ordinances related to judicial independence and human rights could mark a “tipping point for justice”.

The organisation observed that the government appeared to be retreating from reforms concerning judicial independence, human rights protection, anti-corruption mechanisms, and the prevention of enforced disappearances.

Judicial officers express frustration The decision has also triggered discontent among members of the lower judiciary.

Many judicial officers expressed frustration after learning that the secretariat—whose establishment process was nearly complete—would now be abolished.

They fear that administrative control over the lower courts could once again fall under the authority of the Ministry of Law, Justice and Parliamentary Affairs.

Although judges have refrained from speaking publicly to the media, discussions within judicial circles indicate deep concern over the move.

In a statement sent to the media on April 5, the Judicial Service Association rejected reports suggesting divisions among judges regarding the Supreme Court Secretariat.

The association said its members remain united in supporting the establishment of an independent secretariat to ensure institutional and financial autonomy, accountability and an effective administrative structure for the judiciary.

The statement was signed by the association’s president Mohammad Ali Hossain and secretary general Mostafizur Rahman.

Heated debate in parliament

During the debate on the repeal bills, opposition MPs argued that the government’s move amounted to “naked interference” in judicial independence.

Opposition lawmaker Najibur Rahman criticised the Supreme Court Secretariat (Repeal) Bill, saying it would undermine judicial autonomy and reopen the door to political influence over the lower courts.

He also questioned the constitutional validity of the repeal, citing past Supreme Court rulings concerning Article 116 of the Constitution.

Another opposition MP, Akhtar Hossain, raised concerns about the judge appointment process, arguing that the interim government’s ordinance had introduced a transparent mechanism through a proposed Supreme Judicial Appointment Council led by the chief justice.

According to the ordinance, the council would recommend suitable candidates for appointment to the Appellate and High Court divisions of the Supreme Court. With the repeal, that mechanism will no longer exist.

Government defends decision

Law Minister Asaduzzaman defended the government’s position, saying the administration remains committed to ensuring judicial independence.

He said the government intends to formulate a comprehensive law on the issue after further review and consultation.

“The Supreme Court can declare whether a law is constitutional or not, but it cannot dictate parliament to enact a law,” the minister told the House.

He also claimed that although the judiciary enjoys constitutional safeguards, those freedoms have sometimes been misused in the past.

Human rights ordinance repealed

Parliament also passed the National Human Rights Commission (Repeal and Reinstatement) Bill, 2026, amid objections from the opposition.

Law Minister Asaduzzaman placed the bill in parliament to repeal the ordinance issued by the interim government and reinstate the National Human Rights Commission Act, 2009, enacted during the Awami League government.

The parliamentary session began at 10:30am under the chairmanship of Speaker Hafiz Uddin Ahmed.

Earlier, an objection raised by Md Abul Hasnat (Hasnat Abdullah), a member of the National Citizen Party (NCP) elected from Cumilla-4, was rejected by voice vote.

With the passage of the bill, the ordinance issued during the interim government period will be repealed and the 2009 law will be reinstated.

Expressing anger over the move, Hasnat Abdullah said those currently sitting on the treasury benches would have opposed such a bill before July 2024.

He warned that repealing the ordinance could turn the Human Rights Commission into a tool for political repression.

“We do not learn from history. Whether we pass it this year or next year, it may be lapsed using the excuse of majority, but the National Human Rights Commission will inevitably be passed in this parliament,” he said.

Multiple bills passed

Alongside the repeal bills, parliament also passed several other pieces of legislation, including amendments to laws governing the Bangladesh Energy Regulatory Commission, Public Procurement, Overseas Employment and Migration, the Bangladesh Labour Act, and the Union Parishad system.

Despite the government’s assurances, the repeal of the judicial reform ordinances has sparked renewed debate about the long-standing demand for a truly independent judiciary—an aspiration many legal experts say remains, for now, a distant goal.