The aspiration for an independent judiciary among the people of Bangladesh has long been standing. This desire began even before the country's independence. During the Pakistan era, in the process of drafting a new constitution for Pakistan and as part of the larger political movement for the autonomy of East Pakistan, establishing an independent judiciary was one of the main demands. Naturally, the 1972 constitution of Bangladesh strongly guaranteed judicial independence. Control over the entire judiciary was vested in the hands of the Supreme Court, instead of the executive branch. However, when a one-party rule was established through the fourth amendment to the constitution in 1975, this constitutional commitment was broken, and control of the judiciary was transferred to the President.

Like many of the nation's other desires, the demand for an independent judiciary gained renewed importance following the July 2024 uprising. This uprising sparked widespread and deep discussions on reforms. Judicial independence was considered a main subject within the larger debate regarding legal and constitutional reform. Given the importance of this issue, one of the early measures taken by the interim government following the July uprising was the establishment of six reform commissions, which included the Judicial Reform Commission and the Constitutional Reform Commission.

Later, both reform commissions uniformly recommended freeing the judiciary from the control of the executive branch. This was included in the July Charter, drafted based on consensus among political parties. Nevertheless, due to political opportunism, Bangladesh is once again on the verge of missing a historic opportunity to ensure judicial independence.



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