Date: 06/11/2025
Statement No: CW/11/25/S/T/4
Constitution Watchdog Statement on Judicial Autonomy Following Recent Writ Petition
The foundational constitutional structure of Bangladesh is currently undergoing a significant test following the recent submission of a writ petition challenging the validity of two critical laws pertaining to the higher judiciary. The petition, filed before the High Court, directly confronts the Bangladesh Supreme Court Judges (Remuneration and Privileges) Act, 2021 and the Bangladesh Supreme Court Judges (Leave, Pension and Privileges) Act, 2023. This action constitutes a necessary and timely judicial review concerning the legislative boundary with Article 94(4) of the Constitution, which mandates the independence of judges in the exercise of their judicial functions. The core legal and constitutional argument is that the statutory provisions of these Acts undermine the judges’ financial autonomy and impose restrictions that are contradictory to their constitutionally mandated separation of powers and institutional dignity, thereby risking a finding that the laws are ultra vires. The integrity of the judicial function is directly proportional to its insulation from executive or legislative control, making financial autonomy an inseparable component of judicial independence itself.
The petition further highlights a crucial aspect of institutional integrity beyond direct financial compensation: the systemic deficiency in providing adequate support infrastructure. The request for a directive on the appointment of a sufficient number of qualified research officers for the Supreme Court judges is an essential constitutional necessity. A modern, effective apex court requires high-calibre logistical and intellectual support to manage complex litigation and maintain the quality of jurisprudence. When judges are compelled to divert time to administrative or foundational research tasks, the constitutional value of judicial time is diminished, and the efficiency of the justice system is severely compromised. This inadequacy represents a functional threat to the judiciary’s institutional capacity to fulfill its constitutional role as the ultimate guardian of the law and fundamental rights.
Proposed Constitutional Solution: A Structural Safeguard
To move beyond the immediate legislative challenge and establish a permanent bulwark for judicial independence, Constitution Watchdog strongly suggests the immediate consideration and constitutional enshrinement of an Independent Judicial Compensation Commission (IJCC). This commission, anchored in the Constitution, must be statutorily protected from direct political oversight and charged with the exclusive, periodic determination of judicial emoluments, pensions, and necessary institutional resourcing, including the provision of specialized research staff. Comprising impartial experts, the IJCC would depoliticize judicial finances, ensuring that the compensation and support structure is objectively commensurate with the constitutional status and functional demands of the judiciary. This mechanism offers the most unique and robust structural solution, transforming judicial autonomy from a vulnerable statutory right into an unassailable constitutional guarantee, which is fundamental to a functioning democracy.
Statement Issued By
Md. Ibrahim Khalilullah
President
Constitution Watchdog (CW)
