A new chapter for  judiciary

Bangladesh's judiciary is poised to enter a new era of institutional independence and operational efficiency with the promulgation of the Supreme Court Secretariat Ordinance 2025-a long-anticipated reform that grants the Supreme Court financial and administrative autonomy. This landmark measure fundamentally reshapes how the judicial system is managed, funded and supervised, removing decades-old constraints that tied the apex court's operations to the executive branch. Issued by the Ministry of Law, Justice and Parliamentary Affairs on November 30, pursuant to a presidential order, the Ordinance follows the interim government Advisory Council's approval of the draft on November 20. Its core objective is to establish a separate Supreme Court Secretariat empowered to perform supervisory and disciplinary functions over the subordinate courts. More importantly, it aims to reinforce the independence of the judiciary-an essential pillar of democratic governance.

The Ordinance rests on a simple but powerful premise: true judicial independence is inseparable from financial autonomy. When an institution as crucial as the highest court of law depends on another arm of government for its budgetary and administrative needs, a degree of subordination becomes inevitable. Such dependence not only undermines the spirit of judicial independence but also restricts the institution's ability to function promptly and effectively.

Until now, the budget of the judiciary was prepared by the Ministry of Law, Justice and Parliamentary Affairs and the Supreme Court registry received only a consolidated allocation for routine expenditures. Even these funds often remained underutilised due to bureaucratic delays and approval bottlenecks. For example, in FY25 the registry received Tk 2.52 billion, and Tk 2.50 billion in FY26, but could not fully utilise either allocation because of slow approval processes and procedural constraints. These delays affected administrative efficiency, hampered development initiatives and diminished the court's capacity to respond to the increasing demands of justice delivery. The new Ordinance directly addresses these long-standing challenges. Section 11(7) unambiguously states that no prior government approval will be required for expenditures from funds allocated to the Supreme Court or the Supreme Court Secretariat under the national budget. This provision alone marks a decisive shift away from the dual administration system that has historically constrained the judiciary's autonomy. Equally significant is the empowerment of the chief justice to approve up to Tk 1.0 billion for development and non-development projects for the judiciary, without seeking clearance from the Executive Committee of the National Economic Council (ECNEC) or the Finance Division. This streamlines administrative processes, reduces dependence on the executive and allows the judiciary to manage its affairs with greater responsiveness and accountability.

Chief Justice Dr Syed Refaat Ahmed has rightly hailed the Ordinance as "the most decisive institutional breakthrough", calling it "a single legal instrument that has finally lifted the long-standing constraints of dual administration in the judiciary." His remarks capture the transformative significance of the reform. The Supreme Court Secretariat Ordinance 2025 thus marks a major step towards a more robust, independent and efficient judiciary-one better equipped to uphold the rule of law and meet the evolving aspirations of the people.