The interim government has issued an ordinance establishing a process for appointing Supreme Court judges through an independent council, effectively eliminating direct executive control over judicial appointments.
The “Supreme Court Judges Appointment Ordinance, 2025” mandates the creation of a permanent body, the “Supreme Judicial Appointment Council,” responsible for selecting and recommending qualified candidates for judicial positions.
The council will consist of seven members, chaired by the Chief Justice.
At a press conference on Tuesday, Law Advisor Asif Nazrul said: “We are very pleased to inform you that this law has been enacted.”
The advisor added that separate drafts had been submitted by the Chief Justice’s Office and the Judiciary Reform Commission during the law’s preparation.
Nazrul said, “In 2008, there was an attempt to draft such an ordinance, and we have reviewed its copy and all related materials. Many of you, along with relevant civil society. members and stakeholders were also present.
“We held a large meeting and also consulted individually with many experts, including former judges, legal experts, and professors of law.
“We have tried our best to create a sound law."
The council will comprise the senior-most judges from both the Appellate Division and the High Court Division, one retired judge from the Appellate Division nominated by the chairperson, the attorney general, and one law professor or legal expert selected by the chair.
The Supreme Court's registrar general will act as the secretary of the council.
According to the ordinance, the Chief Justice will convene council meetings to assess the number of judges required, based on a formal request from the president.
Advisor Asif Nazrul elaborated on the Supreme Court appointment process, stating, “The council will first conduct an initial review, gathering names proactively while also allowing individuals, including lawyers, to apply voluntarily.
“If someone believes a lawyer is suited for a judicial role, they can propose the name by submitting a letter. This option remains open. Simultaneously, the council will independently identify and evaluate potential candidates to ensure the appointment of competent judges.
“Following the council’s preliminary review, candidates will undergo an interview process.”
Nazrul stressed that the new system would ensure a transparent and accountable process for judicial appointments.
Criticising the ousted Awami League government, Nazrul alleged widespread misconduct, severe human rights violations, and the misuse of the judiciary. “The High Court became a tool for such actions under political influence,” he said.
“Citizens were denied justice, even in cases involving serious human rights violations, because political governments appointed unqualified individuals as judges, based solely on party loyalty,” he added.
Nazrul warned that without competent and impartial judges, the human rights of Bangladesh's 170 million citizens would remain vulnerable.
He expressed optimism about the new system, stating, “The selection process will now be transparent, ensuring the appointment of skilled, experienced, and truly capable judges.
“This demand has been long echoed by political parties, human rights organisations, and civil society groups.”
Nazrul also hinted at imminent changes, noting that if the higher judiciary takes swift action, the next High Court appointments could be made through the council within the next three months.
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The interim government has issued an ordinance establishing a process for appointing Supreme Court judges through an independent council, effectively eliminating direct executive control over judicial appointments.
The “Supreme Court Judges Appointment Ordinance, 2025” mandates the creation of a permanent body, the “Supreme Judicial Appointment Council,” responsible for selecting and recommending qualified candidates for judicial positions.
The council will consist of seven members, chaired by the Chief Justice.
At a press conference on Tuesday, Law Advisor Asif Nazrul said: “We are very pleased to inform you that this law has been enacted.”
The advisor added that separate drafts had been submitted by the Chief Justice’s Office and the Judiciary Reform Commission during the law’s preparation.
Nazrul said, “In 2008, there was an attempt to draft such an ordinance, and we have reviewed its copy and all related materials. Many of you, along with relevant civil society. members and stakeholders were also present.
“We held a large meeting and also consulted individually with many experts, including former judges, legal experts, and professors of law.
“We have tried our best to create a sound law."
The council will comprise the senior-most judges from both the Appellate Division and the High Court Division, one retired judge from the Appellate Division nominated by the chairperson, the attorney general, and one law professor or legal expert selected by the chair.
The Supreme Court's registrar general will act as the secretary of the council.
According to the ordinance, the Chief Justice will convene council meetings to assess the number of judges required, based on a formal request from the president.
Advisor Asif Nazrul elaborated on the Supreme Court appointment process, stating, “The council will first conduct an initial review, gathering names proactively while also allowing individuals, including lawyers, to apply voluntarily.
“If someone believes a lawyer is suited for a judicial role, they can propose the name by submitting a letter. This option remains open. Simultaneously, the council will independently identify and evaluate potential candidates to ensure the appointment of competent judges.
“Following the council’s preliminary review, candidates will undergo an interview process.”
Nazrul stressed that the new system would ensure a transparent and accountable process for judicial appointments.
Criticising the ousted Awami League government, Nazrul alleged widespread misconduct, severe human rights violations, and the misuse of the judiciary. “The High Court became a tool for such actions under political influence,” he said.
“Citizens were denied justice, even in cases involving serious human rights violations, because political governments appointed unqualified individuals as judges, based solely on party loyalty,” he added.
Nazrul warned that without competent and impartial judges, the human rights of Bangladesh's 170 million citizens would remain vulnerable.
He expressed optimism about the new system, stating, “The selection process will now be transparent, ensuring the appointment of skilled, experienced, and truly capable judges.
“This demand has been long echoed by political parties, human rights organisations, and civil society groups.”
Nazrul also hinted at imminent changes, noting that if the higher judiciary takes swift action, the next High Court appointments could be made through the council within the next three months.
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