This ordinance officially establishes a separate secretariat for the Supreme Court, vesting its overall control and financial authority directly in the hands of the Chief Justice. This move marks the realization of a long-cherished dream to structurally disentangle the judiciary from the executive, effectively ending the Ministry of Law’s administrative control over the court system.
The primary objective of this ordinance is to sever the executive branch’s influence over subordinate courts. Under this new legal framework, the Supreme Court Secretariat headed by a Secretary with the rank of a Senior Secretary will assume full responsibility for supervising lower courts and administrative tribunals. It will independently manage crucial administrative functions, ranging from the appointment and transfer of judges to disciplinary actions and the creation of posts, ensuring the judiciary operates free from bureaucratic interference.
The impact of this ordinance is transformative for the separation of powers. Once the ordinance is fully implemented, the government will no longer exercise control over lower-court judges; these powers will shift entirely to the apex court. Crucially, the ordinance empowers the Chief Justice with final authority over the judiciary’s budget expenditures without requiring prior government approval. This guarantees both financial and administrative autonomy, cementing a truly independent judicial system in Bangladesh.
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