Parliament on Thursday passed the Supreme Court Judge Appointment (Repeal) Bill, 2026, revoking the Supreme Court Judge Appointment Ordinance, 2025, which had created a council for judicial appointments.
Law Minister Md Asaduzzaman placed the bill in the House, seeking to annul the ordinance while ensuring legal protection for actions already taken under it.
The 2025 ordinance, promulgated by the interim government, aimed to expedite judicial activities and address the shortage of judges in the higher judiciary. Under the ordinance, 25 judges were appointed to the Supreme Court.
According to the statement of the new bill, while the ordinance helped fill vacancies through a “Judicial Appointment Council,” a permanent legal framework is now required.
It said the repeal is necessary to allow more detailed scrutiny of provisions related to judge appointments through a constitutional reform committee.
To avoid legal complications and ensure judicial continuity, the bill includes a “savings and custody” clause, under which all appointments made, actions taken and proceedings initiated under the 2025 ordinance will remain valid and effective.
NCP member Akhtar Hossain criticised the move, describing the ordinance as a “beautiful law” that ensured transparency.
He said the previous system allowed the executive to control the judiciary “like a kite on a string.”
“Under the current Constitution, the President appoints judges on the advice of the Prime Minister, which in the past allowed partisan individuals to be appointed,” Hossain said.
He added that the 2025 ordinance introduced specific qualifications and a council that prevented the appointment of “sworn politicians” to the bench.
Hossain also noted that the current law minister, in his previous role as attorney general, had defended the legality of the ordinance in the Supreme Court when it was challenged through a writ petition.
Responding, Law Minister Asaduzzaman said that while he agrees in principle on the need for transparency, the government intends to establish a more robust and permanent system through constitutional reform.
On his previous stance as attorney general, he said a state lawyer acts on the government’s instructions.
“As attorney general, I spoke for my client, the government. Now, as a minister and MP, the government’s policy is to ensure complete transparency and accountability in judicial appointments through new measures,” he said.
He invited the opposition to join a special committee for constitutional amendment to define criteria for judge appointments.
“We want the judiciary to be independent and to have its own identity. We do not want any more ‘politicised’ judges in Bangladesh. Let us identify where the problem lies in the system through detailed analysis,” the minister added.
Later, Hossain’s objection was rejected by voice vote and the bill was passed.
Following the passage, Speaker Hafiz Uddin Ahmad informed the House that certain derogatory remarks made by the opposition member about a former judge had been expunged from the parliamentary record.