Bangladesh is undergoing one of its most consequential judicial reforms since independence. After decades of structural ambiguity, divided administration, and stalled legal reforms, the country has taken a decisive step towards genuine judicial autonomy. The November 2025 promulgation of the Supreme Court Secretariat Ordinance — establishing, for the first time, an autonomous administrative arm for the judiciary — has been widely hailed as a historic breakthrough. Chief Justice Syed Refaat Ahmed called it the beginning of "a new era," aligning long-standing constitutional ideals with institutional reality. By creating a dedicated Secretariat to manage its own appointments, administration, and discipline, the judiciary moves closer to functioning free from executive influence. Yet while the symbolism is significant, the challenge now lies in converting this breakthrough into lasting, operational independence.
The historic ordinance promulgation
The 1972 Constitution envisioned a judiciary shielded from executive control, yet in practice administrative authority over subordinate courts remained entangled with the executive. Recruitment, postings, discipline, and promotions were jointly managed (often uneasily) by the Ministry of Law and the Supreme Court, eroding both the perception and the reality of judicial independence. A major corrective came with the Masdar Hossain judgment (1999), where the Appellate Division ruled that executive dominance over judicial administration was unconstitutional and outlined a blueprint for an independent judicial service under Supreme Court authority. For decades, that vision remained largely unfulfilled.
Yet the ordinance alone is only a first step. Effective implementation requires a detailed organogram, clear rules for recruitment, transfers, promotions, leave, and performance evaluation, secure budget allocations, infrastructure development, and thoughtful integration of existing registry staff. Without these measures, the Secretariat risks becoming a nominally independent but functionally weak bureaucracy.
The turning point arrived in September 2025. On 2 September, the High Court Division struck down executive powers under Article 116, restoring the Supreme Court's authority over the postings, promotions, and discipline of subordinate judges, and directing the government to establish a separate judicial secretariat within three months. That directive culminated in the Supreme Court Secretariat Ordinance, formally issued on 30 November, which created — for the first time — an autonomous administrative arm of the judiciary headed by a Secretary of senior-secretary rank. Empowered to manage court establishment, budgeting, appointments, and all service-related matters, the Secretariat began functioning on 1 December with the Registrar General serving as its first interim Secretary. The Post Creation Committee, led by the Chief Justice, has approved a full organogram comprising 107 officer posts and 382 staff positions, giving the Secretariat its first operational workforce and turning it into a functioning institution rather than a symbolic reform.
What this means and what remains to be done
The Secretariat offers a real opportunity to end dual administrative control over the judiciary, placing appointments, promotions, transfers, discipline, and budgeting firmly under judicial authority, potentially fostering a more professional, accountable, and transparent service. Yet the ordinance alone is only a first step. Effective implementation requires a detailed organogram, clear rules for recruitment, transfers, promotions, leave, and performance evaluation, secure budget allocations, infrastructure development, and thoughtful integration of existing registry staff. Without these measures, the Secretariat risks becoming a nominally independent but functionally weak bureaucracy.
Its permanence also depends on parliamentary ratification, as ordinances remain temporary until enacted into law. Beyond structural and legal frameworks, success will hinge on cultivating an institutional culture grounded in neutrality, professionalism, competence, and accountability, supported by ethical standards, training, and modern case-management systems, which will determine whether the Secretariat becomes a genuine instrument of judicial independence or another layer of bureaucratic burden.
The voice of reform – reflections from today's thinkers
Chief Justice Syed Refaat Ahmed has framed the Supreme Court Secretariat Ordinance as part of a broader "judicial reform roadmap," highlighting the near-complete implementation of pledges made in September 2024, including the creation of a Supreme Judicial Appointment Council and transparent posting and transfer guidelines for district courts. Legal scholars and civil society commentators have welcomed the Secretariat as a long-overdue corrective capable of restoring public trust in a judiciary often perceived as politically influenced. Diaspora advocacy groups have called it "a pivotal step" towards full judicial independence.
File Visual: Star
Yet caution remains: without timely parliamentary ratification, full financial autonomy, and transparent staffing and accountability measures, the reform could remain fragile and reversible. The Judicial Reform Commission, formed by the interim government, has formally endorsed the Secretariat, and all major political parties have signalled support — a rare consensus in Bangladesh's polarised politics. This unanimity creates strong expectations that the next parliament will enshrine the ordinance into permanent law, securing one of the most significant judicial reforms since independence.
A reform whose time had come – and must now be defended
For decades, Bangladesh's judiciary has sought the administrative independence promised by the Constitution. The Supreme Court Secretariat represents the culmination of that struggle — overdue, transformative, and essential. Historically, judicial independence was limited to the courtroom, with promotions, transfers, and discipline controlled by the executive, undermining the system's integrity. Bangladesh now stands at a pivotal moment: if the Secretariat's structures are completed, rules framed with integrity, and its legal foundation ratified by parliament, the country may finally realise its constitutional vision of a judiciary that is independent, professionally administered, and capable of upholding the rule of law without fear or favour. If these steps falter, the promise of November 2025 risks remaining a fragile milestone. For now, however, the trajectory is forward — a historic opportunity to strengthen public confidence in the judiciary that must not be squandered.
Md. Arifujjaman is Deputy Solicitor (Additional District Judge) at the Solicitor Wing of the Law and Justice Division in the Ministry of Law, Justice and Parliamentary Affairs. He can be reached at: [email protected].
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