Law Minister Md Asaduzzaman today said the government will further scrutinise ordinances issued by the interim government to ensure judicial independence, correcting before reintroducing them as bills in parliament.

“We have not said that we will not approve those ordinances. We are just deferring it for consultation with stakeholders as there are some errors. We will further scrutinise and correct the ordinances and bring those as bills in parliament later on,” he told The Daily Star this morning.

His remarks came amid criticism from Md Masder Hossain, retired district judge and member of the Judiciary Reform Commission formed by the interim government, who expressed disappointment at recommendations to repeal ordinances related to judicial independence.

Masder told The Daily Star that repealing these measures would frustrate the Supreme Court’s landmark judgement separating the judiciary from the executive. He cautioned that appointments and control of judges could revert to politicisation and nepotism.

A special parliamentary committee reviewing interim government ordinances recommended yesterday that 20 of them be allowed to lapse or expire, including those aimed at judicial independence, curbing enforced disappearances, and strengthening anti‑corruption and human rights commissions.

The four ordinances that will be repealed straightaway are: Jatiya Sangsad Secretariat (Interim Special Provisions) Ordinance, 2024; Supreme Court Judges Appointment Ordinance, 2025; Supreme Court Secretariat Ordinance, 2025; and Supreme Court Secretariat (Amendment) Ordinance, 2026.

The three ordinances related to the apex court were introduced to ensure judicial independence, create judicial posts, and support the development of the judiciary, with budgetary authority entrusted to the SC Secretariat under the chief justice’s control.

Under the Secretariat’s full operation, authority over the transfer, promotion, and discipline of lower court judges would also be vested in the SC.

Although the constitution requires a law for appointing judges, such legislation has not yet been enacted.

In 2025, the interim government issued the Supreme Court Judges Appointment Ordinance, which aimed to establish a process to select suitable candidates, and the chief justice would advise the president on appointments.

It stipulated that a “Supreme Judicial Appointment Council”, led by the chief justice, would recommend qualified individuals for appointment to the Appellate and High Court divisions of the SC.

Separately, the interim government also issued the Supreme Court Secretariat Ordinance to establish an independent secretariat for overseeing, controlling, and maintaining discipline in the subordinate courts.

Under this ordinance, the secretariat would handle all administrative and clerical responsibilities related to subordinate courts and administrative tribunals. It would also manage matters such as the posting, promotion, transfer, discipline, and leave of judges engaged in judicial work.

Overall control of the secretariat would rest with the chief justice, while its secretary would serve as the administrative head.

SC sources said the activities of the SC Secretariat and the process for appointing new judges in the SC have been, apparently, stalled for the last few months.

The Supreme Judicial Appointment Council has been going slow after the current BNP government assumed the state office.

The Council, established by Prof Muhammad Yunus, has yet to select candidates for new judges for either the Appellate Division or High Court Division of the SC after the latest appointments, despite both divisions facing a shortage of judges.

Two judges -- Justice AKM Asaduzzaman (now retired) and Justice Farah Mahbub -- were elevated to the Appellate Division from the High Court Division on March 24, 2025, and 25 additional judges were appointed to the High Court Division on August 24, 2025, after the Supreme Judicial Appointment Council, headed by the chief justice, selected them through relevant procedures.

The number of Appellate Division judges and High Court judges stood at seven and 113 after their elevation and appointment on March 24 and August 24 last year, respectively.

Till March 17, 2026, the number of the Appellate Division judges and High Court judges stood at five and 103, respectively.

Among the sitting judges, Justice Md Ashfaqul Islam, a senior judge of the Appellate Division, is now on leave, and two High Court judges, Justice Sheikh Hassan Arif and Justice SM Maniruzzaman, have been kept away from judicial activities since October 16, 2024.

The Appellate Division is now loaded with around 42,000 cases, and the High Court Division is burdened with 6.6 lakh pending cases, SC sources said.

The Supreme Judicial Appointment Council initiated a move in November last year to appoint at least 20 more judges to the High Court in a bid to reduce the mounting backlog and restore public confidence in the judiciary.

More than 250 candidates, including lower court judges and practising Supreme Court lawyers with at least 10 years of experience, have applied for appointment as additional judges of the High Court till December last year, sources said, adding that the council has not held any meeting for selecting candidates for these posts in recent months.