The judiciary, as a co-equal branch of the state, is central to constitutionalism and the rule of law. Although Article 22 of the constitution guarantees judicial independence, the judiciary still remains administratively and financially dependent on the executive, limiting its autonomy. In contrast, India, Pakistan and Nepal illustrate the effectiveness of independent Supreme Court secretariats. Establishing such a secretariat in Bangladesh is essential to secure judicial independence and strengthen the rule of law.
A separate Supreme Court secretariat is an autonomous body within the judiciary, overseen by the chief justice or a governing council, managing administration, finance, staffing, infrastructure, technology and security free of executive control. It ensures operational autonomy, financial independence and the alignment of authority with responsibility, institutionalising constitutional guarantees of judicial independence. In essence, such a secretariat supplants traditional executive oversight, instituting a model of judicial self-governance. By embedding independence into the structure and processes of judicial administration, the secretariat operationalises constitutional safeguards of judicial autonomy.;
The doctrine of the separation of powers, rooted in Montesquieu鈥檚 The Spirit of the Laws, requires the judiciary to function independently of the legislative and executive branches. Judicial independence, however, also demands institutional and financial autonomy. A separate Supreme Court secretariat secures this by shielding court administration from executive control, ensuring financial self-management and translating constitutional guarantees into daily practice. In doing so, it strengthens both judicial independence and the separation of powers.
The rule of law requires accessibility, fairness, predictability and timely justice, yet administrative dependence often weakens these principles through delays, vacancies and poor infrastructure. A separate Supreme Court secretariat can address these challenges by ensuring efficient case-flow management, professionalised court administration, secure and transparent processes and the development of digital justice systems. By reinforcing judicial integrity and public trust, such a secretariat transforms the constitutional promise of judicial independence into practical support for the rule of law.
Judicial independence extends beyond adjudication to administrative and financial autonomy. Montesquieu鈥檚 doctrine of the separation of powers underscores this necessity. Thus, a dedicated secretariat is essential to operationalise the constitutional guarantee Article 22 lays out. The Masdar Hossain case laid the foundation by recognising judicial independence as part of the constitution鈥檚 鈥榖asic structure,鈥� directing the creation of a judicial service, rules under Articles 115 and 133 and a judicial pay commission. Although it did not mandate a secretariat, it paved the way.
Later, Idrisur Rahman v Bangladesh and related 鈥楾en Judges鈥� Cases鈥� affirmed the chief justice鈥檚 primacy in appointment, transfers and posting condemning executive interference. By 2024-2025, the chief justice and senior judges urged an end to 鈥榙ual governance鈥� and a draft Supreme Court secretariat ordinance was prepared. The High Court Division on September 2, 2025 struck down the 2017 disciplinary rules, restored the 1972 version of Article 116 and directed the government to establish a secretariat within three months, making judicial autonomy a binding obligation. Commentators welcomed the ruling as a historic advancement for judicial independence.
Editorials highlighted administrative and financial autonomy while emphasised the restoration of Article 116. Scholars compared Bangladesh鈥檚 reform to India鈥檚 autonomous judiciary, Pakistan鈥檚 partial dependence and the institutional councils of Sri Lanka and Nepal. The 2025 directive represents a constitutional milestone, shifting judicial independence from principle to practise. Its successful implementation will test the government鈥檚 commitment to strengthening the rule of law and the separation of powers in Bangladesh.
Bangladesh lacks a functional Supreme Court secretariat, leaving core functions such as budgeting, staffing, procurement and infrastructure dependent on the executive, causing delays and inefficiencies. An independent secretariat would professionalise court management through dedicated wings for administration, budget, human resources, information and communications technology, procurement and Infrastructure and policy and research. In India, the Supreme Court functions under a secretariat led by the registrar general, managing recruitment, budgeting, information technology and case flow, which has enabled digital transformation and transparency.
Pakistan鈥檚 Supreme Court likewise operates its own secretariat and the registrar鈥檚 office, exercising autonomy in staffing and training, thereby improving efficiency and self-reliance. Nepal鈥檚 2015 constitution guarantees full judicial autonomy. Its Supreme Court secretariat, headed by the registrar general, administers finances and administration, fostering transparency, accountability and digital innovation. Collectively, the experiences confirm that secretariat-based autonomy strengthens judicial independence, efficiency, modernisation and public trust.
The secretariat balances independence with accountability through internal checks, governance board, procurement limits and audit-ethics safeguards and external transparency via audits by the office of the comptroller and auditor general, parliamentary oversight, published statistics and citizen services. A Supreme Court secretariat law confers administrative, financial and procurement authority, sets service rules, safeguard expenditures and protects staff. The registrar general at the apex is supported by registrars for important functions, with a judicial administration academy for staff training. It provides for medium-term, case load-linked, with protected IT, cyber security and upkeep funds. It look safer the case management system with e-filing, cause lists, digital records, public portals and strong cyber security.
A separate Supreme Court secretariat is essential for operationalising judicial independence, translating constitutional commitments to the separation of powers and the rule of law into effective, daily management of administration, finance and infrastructure. Properly designed with clear authority, accountability and digital capacity, it is the most impactful reform for fast, fair and trusted justice. Comparative experiences in India, Pakistan and Nepal demonstrate that a dedicated secretariat strengthens autonomy, efficiency and transparency. For Bangladesh, its establishment is not only desirable but also imperative to secure full judicial independence and public confidence in the rule of law.
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Md Arifujjaman ([email protected]) is deputy solicitor, law and justice division of the law, justice ad parliamentary affairs ministry.
