The dreams and aspirations of our founding generation were profoundly simple yet noble:
(1) Equality without discrimination;
(2) Social justice; and
(3) Upholding humane values.
Unfortunately, over the five and a half decades of our independence and countless sacrifices, including the tragic events of July and August 2024, little has visibly changed concerning these three vital goals.
After deep reflection, it becomes clear that to fulfill these aspirations we must establish the rule of law through an independent judiciary, a goal that still feels distant.
Why it matters
A truly independent judiciary is one of the strongest pillars of a democratic nation. It ensures justice for all, safeguards citizens’ rights, and upholds the supremacy of the Constitution. When the judiciary functions without fear, favour, or interference, it not only protects individual liberties but also strengthens the moral and institutional foundation of the State. It guarantees that justice is delivered impartially, even against powerful individuals or institutions. A nation benefits immensely when its people have confidence that the courts will deliver justice purely on merit, untainted by political pressure or personal interest.
Economically, too, judicial independence plays a vital role. Investors, both domestic and foreign, look for stability and fairness in dispute resolution. When courts are known for their neutrality and efficiency, they enhance trust in the system and contribute to sustainable development. Socially, an impartial judiciary fosters respect for law, curbs corruption, and strengthens accountability across all branches of government.
Learning from global experience
History offers many examples of how nations prosper through strong and independent courts. In the United States, the separation of powers among the executive, legislature, and judiciary has preserved liberty for over two centuries. The US Supreme Court has often acted as the final protector of constitutional rights, even against the most powerful administrations.
Similarly, in India, the Constitution explicitly protects judicial independence through Articles 50 and 124–147. India’s Supreme Court has repeatedly reaffirmed that judicial independence is part of the Constitution’s basic structure beyond the reach of even constitutional amendment.
In the United Kingdom, despite the doctrine of parliamentary sovereignty, the creation of the UK Supreme Court in 2009 formally separated the judiciary from the legislature, symbolizing a modern commitment to impartial justice. These examples reflect that genuine judicial autonomy is a defining feature of mature democracies.
Since its independence in 1965, Singapore has emphasized judicial efficiency, integrity, and incorruptibility as the foundations of good governance. The courts operate free from political interference, with strict adherence to the rule of law and merit-based judicial appointments. Decisions are respected and swiftly implemented, fostering global confidence. This strong judicial framework has directly contributed to Singapore’s status as one of the world’s most attractive destinations for trade, investment, and international arbitration.
Vietnam presents a different yet equally instructive example. As a socialist republic with a single-party system, its judiciary historically operated under strong executive influence. However, in recent decades, Vietnam has pursued systematic reforms to enhance professionalism, transparency, and judicial autonomy. The 2013 Constitution reaffirmed that the judiciary must be independent and bound only by law.
Through capacity-building, legal modernization, and accountability measures, Vietnam has gradually strengthened public confidence in its courts. While challenges persist, Vietnam’s experience shows that even under centralized governance, consistent political will and reform can build judicial independence -- a valuable lesson of hope and practicality for developing nations like Bangladesh.
The constitutional context of Bangladesh
The framers of the Constitution (1972) clearly recognized judicial independence as essential for democracy. Article 22 declares: “The State shall ensure the separation of the judiciary from the executive organs of the State.”
Furthermore, Articles 94 to 116A elaborate the structure, powers, and tenure of judges of the Supreme Court, aiming to secure their independence in both appointment and functioning. Article 7 enshrines the supremacy of the Constitution itself, placing the judiciary as its principal guardian.
However, over the decades, the practical separation between the judiciary and executive has faced persistent challenges, particularly in the lower judiciary where administrative control often overlaps. A significant milestone came with the Masdar Hossain case (1999), in which the Supreme Court directed the full separation of the judiciary from the executive. The eventual implementation of this ruling in 2007 marked a historic step forward. Yet, the journey toward complete independence, especially concerning appointments, promotions, and administrative control remains ongoing.
The way forward
For Bangladesh to truly realize the aspirations of its Constitution, further reforms are needed to guarantee judicial freedom in both perception and practice. Transparent and merit-based judicial appointments, adequate budgetary autonomy, and a culture of respect for court verdicts are essential. Strengthening judicial ethics and providing continuous professional development for judges can further enhance competence and integrity.
Equally important is public awareness; citizens must understand that defending judicial independence is defending their own rights. Civil society, the media, and educational institutions should foster respect for the rule of law as a shared national value.
A nation’s greatness is measured not by the power of its rulers but by the strength of its institutions. In this respect, the independence of the judiciary is not merely a legal necessity but a moral imperative. Bangladesh, founded on the principles of justice, equality, and the rule of law, must continue to uphold and strengthen this principle.
Bangladesh is indeed a nation full of opportunities and possibilities. Yet, we have not fully utilized our vast potential to grow and thrive. Time is running out. The independence of the judiciary is not merely an institutional demand but the heartbeat of a civilized nation. It embodies justice, fairness, and accountability, without which no democracy can survive and no people can prosper.
Bangladesh stands today at a defining moment in its history; by ensuring a fearless and impartial judiciary, our dreams of a just, humane, and dignified society can be fully realized and we can build a nation where every citizen, rich or poor, powerful or powerless, stands equal before the law.
A Gafur is former Executive Director, The American Chamber of Commerce in Bangladesh.
