THE judiciary stands at a crossroads, grappling with the dual challenges of maintaining independence while navigating the turbulent waters of political influence. The essence of a robust judicial system lies in its ability to function free of fetters of the executive, ensuring that justice is not merely an abstract ideal but a tangible reality for all citizens. This independence is not just a constitutional mandate. It is the bedrock on which the rule of law is built. Yet, how can we ensure that this independence is not only theoretical but practically upheld in courts?
The separation of powers has been enshrined in the constitution, with Article 22 explicitly laying out that 鈥榯he state shall ensure the separation of the judiciary from the executive organs of the state.鈥� However, this separation has often been compromised by political machinations that prioritise loyalty over merit in judicial appointment. The recent call of chief justice Syed Refaat Ahmed for reforms highlights an urgent need to address these systemic issues. He advocates a collegium system like that of India, where senior judges collectively decide on the appointment based on merit rather than political considerations. Such reforms could significantly bolster public trust in the judiciary, allowing it to reclaim its role as a guardian of rights and liberties.
Moreover, the decaying state of the criminal justice system presents another pressing concern. Justice must be accessible and effective. Yet, many citizens find themselves ensnared in a labyrinthine legal process that often favours those with resources or connections. Reviving this system requires comprehensive reforms that prioritise human dignity and fairness 鈥� the principles that should guide every judicial decision. How can we create a judicial environment where every individual feels empowered to seek justice without fear or favour?
Judicial appointment is pivotal in shaping an independent judiciary. The current practice allows a significant executive influence, leading to the appointment based on political allegiance rather than competence. This raises questions about the qualifications of those who serve in highest courts. Should we not demand a higher standard for those entrusted with interpreting the law? Appointing judges with substandard qualifications undermines the integrity of the legal system and erodes public confidence. A transparent recruitment process, involving discussions with legal experts and stakeholders, could pave the way for appointing only those who meet stringent competence standards.
Institutional reforms are equally essential to ensure that the judiciary operates effectively and independently. Establishing a competent Judicial Service Commission to oversee judicial recruitment and administration could serve as a vital step towards depoliticising the appointment process. Additionally, reforming the attorney general鈥檚 office to enhance transparency in recruitment and supervision would further safeguard against corruption and inefficiency.
Corruption remains a formidable barrier to judicial integrity. Calls for accountability through mechanisms such as white papers documenting financial misconduct are crucial for restoring faith in such institutions. Furthermore, establishing special tribunals dedicated to prosecuting financial crimes could serve as both a deterrent and a means of recovering misappropriated funds. In this context, one must consider what measures can be implemented to ensure that those who violate public trust are held accountable.
The integrity of our electoral processes also hinges on judicial independence. Advocating rules that prevent interim government officials from participating in subsequent elections is vital for maintaining impartiality during transitional periods. This principle extends to conflicts of interest within the judiciary; barring lawyers from being appointed judges in divisions where they have previously practised can help to mitigate biases and uphold impartiality.
As we reflect on the pressing issues facing the judiciary, it becomes clear that meaningful reforms are not just warranted but necessary for safeguarding democracy and ensuring justice for all citizens. The journey towards an independent judiciary requires collective effort which prioritises merit over loyalty, transparency over secrecy and accountability over impunity. In envisioning this future, we must ask ourselves: are we prepared to advocate these changes and hold our leaders accountable? The answer lies not only in our willingness to engage with these challenges but also in our commitment to uphold the principles of justice and equality enshrined in the constitution. Only then can we hope to build a judiciary that truly reflects the ideals on which Bangladesh was founded 鈥� a judiciary that serves as a beacon of hope for all its people.
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Dr M Abdul Aziz is a visiting Professor at the Islamic University of Technology and Muhammad Tanbirul Islam is a policy analyst.
