The Judicial Reform Commission has recommended establishing a permanent government attorney service as part of its overhaul of the judicial system.
This new service would replace the current practice of appointing temporary government legal officers—often selected on political grounds.
On Wednesday, the Commission’s head, former Appellate Division Justice Shah Abu Naeem Mominur Rahman, handed over the report on judicial reform to Chief Adviser Dr Muhammad Yunus.
The Commission’s members include former High Court Division Justices Emdadul Haq and Farid Ahmed Shibly, former District and Sessions Judge Syed Aminul Islam, Senior Advocate Tanim Hossain Shaon, Associate Professor of Law at Dhaka University Kazi Mahfuzul Haque Supan, and student representative Arman Hossain from Dhaka University’s Law Department.
At its core, the Commission has outlined the need for a permanent, professionalized government attorney service to replace the current politically appointed officers. This reform is intended to ensure that legal officers are appointed based on merit rather than political affiliation. The service would cover both civil and criminal cases in the Supreme Court as well as in subordinate courts.
The new structure would include two branches. The Supreme Court Attorney Service would consist of the Assistant Attorney General, Deputy Attorney General, and Additional Attorney General, while the District Attorney Service would cater to district-level cases. The creation of this service aims to promote stability, professionalism, and long-term career growth for legal officers in Bangladesh.
Another recommendation is the establishment of a Supreme Court Judge Appointment Commission to bring transparency to judicial appointments—a process that has often been criticized for its lack of fairness. In addition, the Commission has recommended amendments to the Constitution to limit presidential powers in judicial appointments, ensuring that decisions are based on the commission's recommendations rather than on executive influence.
The Commission also proposes sweeping changes to the structure and functioning of the lower courts. These changes include creating permanent benches in divisional headquarters, expanding district and sub-district courts, and developing a comprehensive plan for building new courtrooms where needed. Such measures are aimed at decentralizing the judicial system to better manage the increasing caseload across the country.
Financial independence for the judiciary is another central focus of the proposed reforms. The Commission recommends creating a separate budgetary committee to manage judicial funds, ensuring that financial constraints do not impede the effective functioning of the legal system.
Furthermore, the integration of information technology into the judicial process is a priority. The proposals include launching e-judiciary projects and introducing e-filing systems in civil courts, which would significantly reduce delays and enhance access to justice.
The reforms extend to the legal profession and its infrastructure as well. Proposals to increase the number of judges in both the Appellate and High Court Divisions, along with plans to develop a National Judicial Academy and regional training institutes, aim to elevate the competence of the judiciary and legal professionals. Additionally, reforms in legal education are being recommended, including modernized curricula that emphasize practical skills through moot courts and legal clinics.
Addressing judicial delays is another crucial aspect of the Commission’s report. To reduce case backlogs, the Commission has recommended appointing retired judges on a contractual basis to expedite the resolution of pending cases. Other steps include introducing online systems for accepting case mentions and establishing a more efficient framework for handling witness testimony.
Another key area of concern is the harassment of litigants. The Commission proposes mechanisms to ensure that judges’ leave and public holidays do not disrupt court proceedings. Efforts will also be made to improve court facilities, including the provision of separate waiting areas for witnesses, better seating arrangements in courtrooms, and the removal of iron cages for accused individuals in line with international standards of human dignity.
Moreover, anti-corruption measures have been proposed to tackle corruption within the judiciary. The Commission recommends a code of conduct for judges, with mandatory asset declarations made public every three years. To strengthen accountability, an online grievance box would be established for reporting corruption within the Supreme Court, with similar systems introduced for lower courts and legal officers.
The report also stresses the need for a comprehensive legal aid system, including the institutionalization of mediation services to resolve disputes. This initiative is part of a broader push to introduce Alternative Dispute Resolution (ADR) mechanisms into the judicial system. Proposals to amend the Arbitration Act and to increase training for legal aid staff aim to make legal services more accessible to the public.
Addressing mobile courts and village courts also forms part of the Commission’s vision for judicial reform. The Commission advocates for expanding mobile courts’ authority to enforce judicial decisions and for establishing minimum judicial standards for village courts to ensure equitable access to justice in rural areas.