Judicial Reform Commission calls for permanent High Court benches in every divisional city

Recommendation of introducing provincial governance system

The recommendations also proposed forming a ‘Capital City Government’ controlled by the central government, modeled after New Delhi’s federal government system.

The Public Administration Reform Commission has recommended the introduction of a provincial governance system and the abolition of district councils. Additionally, it proposed reorganizing the existing 43 ministries and 61 divisions into 25 ministries and 40 divisions. The commission’s head, Abdul Muyeed Chowdhury, submitted the report containing these recommendations to Chief Adviser Dr. Muhammad Yunus on Wednesday (February 5).

On the same day, the head of the Judicial Reform Commission, retired Appellate Division Justice Shah Abu Naeem Mominur Rahman, handed over his commission’s recommendation report to the Chief Adviser. The report suggested establishing permanent High Court benches in every divisional headquarters outside the capital. It also recommended forming a board to regulate the President’s or executive branch’s exclusive pardon authority.

The Public Administration Reform Commission recommended dividing the boundaries of the country’s four historic divisions — Dhaka, Chattogram, Khulna, and Rajshahi — into four provinces. According to the commission, the current administrative and local government structure no longer seems adequate to meet the demands of the growing population and expanding governmental functions. Under the current centralized system, ministries often handle numerous minor tasks. To decentralize services for the large population, the commission suggested introducing a provincial governance system by dividing the four historical divisions into four provinces. This would reduce the opportunity for power centralization by the government and ease pressure on the capital city Dhaka.

The recommendations also proposed forming a ‘Capital City Government’ controlled by the central government, modeled after New Delhi’s federal government system. Considering the growing population and service demands of Dhaka, the report suggested establishing an elected legislature and local government within the capital, similar to other provinces. The ‘Capital City Government’ would cover Dhaka Metropolitan City, Tongi, Keraniganj, Savar, and Narayanganj.

Regarding the abolition of district councils, the Public Administration Reform Commission noted ongoing debates about their necessity as a tier of local government. District council chairpersons have never been directly elected by citizens. Additionally, most district councils lack strong revenue sources, making them financially unsustainable. Therefore, the commission suggested abolishing district councils and transferring their assets to the proposed provincial governments.

On municipal governance, the commission emphasized the need to strengthen municipalities as local government entities. It recommended electing municipal chairpersons through votes cast by ward members, as once elected, chairpersons often disregard the ward members’ roles.

The report recommended strengthening Upazila Parishads as local government entities. However, the Public Administration Reform Commission suggested abolishing the position of vice chairman in Upazila Parishads. To make Upazila Parishads more representative, it proposed allowing one-third of Union Parishad members to become council members on a rotational basis.

The commission recommended that the Upazila Nirbahi Officer (UNO) should not be placed under the authority of the Upazila Parishad. Instead, they should be empowered to handle reserved and statutory matters such as law and order, land management, examination control, and mobile court operations. Commission members explained that this proposal aims to keep the position free from political influence. Additionally, they suggested appointing a senior assistant secretary-level officer as the secretary of the Upazila Parishad.

The report also proposed creating a second-class land management officer position at the Upazila level to improve land administration. These officers would be promoted from among Kanungos working under the Ministry of Land and placed under the Assistant Commissioner (Land). Promotions would require exams conducted by the Public Service Commission (PSC).

The commission recommended renaming the existing BCS Administration Cadre as the ‘Bangladesh Administrative Service.’ According to the commission, positions within this cadre service should remain limited to the field administration. The Secretariat, however, would be managed by officials from a ‘Superior Executive Service (SES)’ composed of officers from all services. Positions from deputy secretary to additional secretary would be included in this SES, with a 50 percent quota for administrative officers and the remaining 50 percent for officers from other services.

Under Section 45 of the Civil Service Act 2018, the government can currently force an employee into retirement after 25 years of service. The commission proposed repealing this provision. However, it recommended that the government may approve retirement requests from government employees upon the completion of 15 years of service.

The commission also recommended prohibiting government officials from participating in political activities or programs in support of or against any political party. It emphasized banning protests or demonstrations organized by service associations under any political identity to criticize government decisions or press demands.

The Public Administration Reform Commission recommended abolishing the position of Senior Secretary. It further suggested that the government should determine the salaries, allowances, and benefits for the Cabinet Secretary, Principal Secretary, and Secretaries without assigning any specific pay grade or scale. The report proposed reorganizing ministries, which would result in the creation of multiple departments within some ministries. To ensure coordination among them, it recommended appointing a Principal Secretary from among the serving secretaries. Officials currently holding the rank of Senior Secretary could be appointed to this position. The commission also advised discontinuing the title of ‘Senior Secretary.’

The Reform Commission submitted its report at the Chief Adviser’s residence Jamuna. After the submission, the head of the commission, Abdul Muyeed Chowdhury, stated, “We have made short-term recommendations that can be implemented within six months. There are also medium-term recommendations that may take one to two years. And we have proposed some long-term recommendations that can be gradually addressed in the future.”

Describing administrative reforms as a continuous process, the former bureaucrat added, “We recommended forming a permanent Public Administration Reform Commission. The commission would also monitor the implementation of this (current) commission’s reports. Establishing an innovation lab within the public administration is essential to bring in fresh ideas rather than following conventional methods. There is also a need to formulate a code of conduct for government officials. From a business perspective, we emphasized the need for a one-stop service to streamline trade-related services in one place.”

Judicial Reform Commission proposes constitutional amendment related to the judiciary

The Judicial Reform Commission’s (JRC) report proposed amendments to the constitutional provisions related to the judiciary. The report also recommended establishing permanent High Court benches in each divisional headquarters outside the capital and forming a board to regulate the President’s or executive branch’s exclusive power of granting pardons.

The judicial reform section of the report stated that amendments were necessary for constitutional provisions related to the appointment of the Chief Justice and other judges. These include:

Article 48(3): Empowering an appointment commission by limiting the President’s authority.

Article 55(2): Separating judicial appointments from the Prime Minister’s executive authority.

Article 94: Giving precedence to the Chief Justice’s opinion on determining the number of judges and setting a minimum of seven appellate judges.

Article 95: Mandating that the President appoint the senior-most judge as the Chief Justice, removing discretionary presidential power or executive influence over the process.

Regarding eligibility criteria for judicial appointments, the report proposed that candidates must be Bangladeshi citizens aged at least 48. The retirement age for judges should be raised from the current 67 years to 70, applicable to future appointees. It also suggested increasing the required professional experience from 10 to 15 years and introducing a new Article 95(A) to establish a judicial appointment commission.

The report recommended establishing a Supreme Court Secretariat and a permanent Attorney Service through the inclusion of Article 64(A). To ensure the judiciary’s independence, impartiality, and effectiveness, amendments to the sixth part of the Constitution and related provisions were proposed.

The commission also advised that the President or executive branch should have no influence over the appointment process of the Chief Justice. It proposed establishing a permanent judicial pay service and mandated that every three years, judges of the Supreme Court and subordinate courts must submit property statements, which should be made publicly accessible on the Supreme Court’s website.

Justice Emdadul Haque, a member of the reform commission, highlighted the key aspects while summarizing the 352-page report. He stated, “The report presents comprehensive recommendations across 32 chapters aimed at establishing an independent, impartial, and effective judiciary. One of the primary focuses is on institutional matters. Among these, we have suggested several amendments regarding the constitutional status of the Supreme Court and subordinate courts to ensure their independence.”

Justice Emdadul Haque further mentioned that several recommendations were made to ensure impartiality. He added, “We have proposed reforms to enable the judiciary and its supporting groups to operate transparently, efficiently, and without question.”

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