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Friday, April 10, 2026

Bangladesh parliament repeals ordinances on supreme court judge appointments and independent secretariat

Date:

TBM Report

In a significant legal reversal, the National Parliament of Bangladesh on Thursday (April 9, 2026) passed two bills to repeal ordinances concerning the appointment of Supreme Court judges and the establishment of an independent judicial secretariat. The move, spearheaded by the current government, marks the dissolution of the ‘Supreme Judicial Appointment Council’—a mechanism introduced during the interim government’s tenure to ensure transparency in judicial selections.

The ‘Supreme Court Judge Appointment (Repeal) Bill’ and the ‘Supreme Court Secretariat (Repeal) Bill’ were passed via voice vote despite vehement protests from the opposition. With this repeal, the administrative and secretarial functions of the judiciary, which had been under a separate secretariat led by the Chief Justice, will now return to the jurisdiction of the Ministry of Law, Justice, and Parliamentary Affairs. While the 25 judges appointed under the previous ordinances will retain their posts, the specialized secretariat and its designated posts stand abolished.

Opposition lawmakers, including Najibur Rahman of Jamaat-e-Islami and Akhtar Hossain of the NCP, criticized the move as a “naked intervention” into the independence of the judiciary. They argued that reverting to the previous system invites political interference, especially in the subordinate courts. “The abolition of these ordinances is a regressive step that could once again pave the way for a politicized judiciary,” asserted Akhtar Hossain during the parliamentary session.

Defending the decision, Law Minister Md. Asaduzzaman stated that the government remains committed to judicial independence but believes the repealed ordinances require more comprehensive deliberation. “We aim to introduce new, more robust legislation after thorough scrutiny to ensure absolute transparency and accountability in judge appointments,” the minister informed the house. The repeal reinstates Article 95 of the Constitution as the primary guiding principle for judicial appointments, effectively placing the selection process back into the hands of the President acting on the Prime Minister’s advice.

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