Barrister Nasir Uddin Ahmed Ashim, international affairs secretary of the Bangladesh Nationalist Party, on Monday stressed the need for a judiciary that remains accountable to the people rather than any government or political force.
He made the comments at a seminar titled on the importance of a fully independent judiciary in Bangladesh, organized by the Dhaka Tribune and the Royal Norwegian Embassy in Dhaka.
Speaking at the event, Ashim said that despite constitutional commitments made more than five decades ago, Bangladesh still has “a long way to go” in ensuring full judicial independence.
Referring to Article 22 of the Constitution, which calls for the separation of the judiciary from the executive, he said the spirit of judicial independence must be protected constitutionally rather than relying on political goodwill.
Drawing comparisons with Norway, Ashim said even mature democracies took centuries to institutionalize safeguards for judges.
“It took Norway nearly two centuries to strengthen constitutional protections for judges. We must ask ourselves where we stand today,” he said.
Ashim argued that judicial independence is not only a matter of legal provisions but also of institutional courage and mentality.
Citing landmark rulings such as the Eighth Amendment case and the 16th Amendment verdict, he said Bangladesh’s higher judiciary had previously demonstrated independence by declaring unconstitutional actions unlawful, even during periods of authoritarian rule.
“When judges truly feel independent, they dare to declare unconstitutional acts invalid, regardless of who is in power,” he said.
“We want a judiciary that is accountable to the people of this country, not always to the government or any particular political party,” he said.
Ashim also called for greater transparency in judicial appointments and referred to models used abroad, including Norway’s judicial appointment structure involving judges, lawyers, civil servants, and public representatives.
He said the BNP is working on proposals related to judicial reform as part of its broader political agenda and remains open to criticism and recommendations from stakeholders.
Concluding his remarks, Ashim said judicial independence must serve the interests of justice, human rights and equality before the law.
Ashim said: “The government may change but the Judiciary must not change. The Constitution should remain the same. Any transition, any government comes to power, but it doesn't matter. We need to develop the system. That would be the ethos of this seminar.”
He also said the judiciary should remain open to public criticism and accountability, adding: “The judiciary is not above the law. We want such types of independence.”
