Ordinances of interim govt: First parliamentary session and future of reforms

The time during our interim government was like riding a fantastic roller coaster. There was excitement, thrill, and joy, along with uncertainty. However, we had a few specific goals, and we tried to achieve them while riding this unfamiliar roller coaster.

Our primary goals were threefold—justice, reform, and election. Among these, with the new parliament session approaching on 12 March, reform issues have become the most significant. During our tenure, these reforms were carried out through ordinances. These ordinances will become ineffective and meaningless if the parliament does not accept them within 30 days of its first session. Turning these ordinances into laws by the parliament is not difficult for the government since they do not amend any constitutional clauses or contain any provisions contrary to the constitution. However, the importance of these reforms carried out through ordinances is no less than constitutional reforms.

During the interim government's tenure, a total of 133 ordinances were drafted and issued. Among these, 14 were related to changing the names of various institutions. Almost all of the remaining 119 ordinances were reform-oriented. One-third of them (38) were drafted by the Ministry of Law.

As a law advisor, I was closely involved in the drafting of these laws, so I can confidently speak about their benefits. Before that, let me mention that the senior legal officials of the state were also involved in this work alongside the Ministry of Law. In most cases, extensive formal consultations were held, and expert opinions were sought.

The main goal of these ordinances related to the law and judiciary was to reduce people's suffering and establish justice. The tangible benefits of some of them have already become visible. For example, since the enactment of two ordinances related to legal aid, the rate of settling disputes through mediation (without going to court) has increased at least threefold; reforms in the civil procedure have created opportunities for resolving civil cases in much less time; through reforms in the criminal procedure, people's rights in the arrest and trial process have been further protected; due to amendments in the Registration Act, suffering in the land registration process has been reduced.

The Ministry of Law, to ensure the independence of the judiciary, has enacted some important laws. Through the Supreme Court Secretariat Ordinance, 2025, the creation of judicial posts, development of the judiciary, and budget management authority have been entrusted to the Supreme Court Secretariat under the control of the Chief Justice. The full operation of the Secretariat stipulates that the authority to control (transfer, promotion, discipline) lower court judges will also be vested in the Supreme Court.

Additionally, through the Supreme Court Judges Appointment Ordinance, 47 judges have been appointed to the higher courts by assessing qualifications and competence. If these two ordinances are adopted as laws by the current parliament, they will play a significant role in establishing justice and human rights.

During the interim government, new specialised courts have been established through legal reforms. The Women and Children Repression Prevention (Amendment) Ordinance has provided for the swift and accurate trial of rape and other crimes, and a separate court is being established for trying child rape offences. Independent commercial courts have been established to resolve commercial disputes quickly and without harassment, through the Commercial Court Ordinance.

Two other important laws enacted during the interim government aim to prevent disappearances and strengthen the Human Rights Commission. During the drafting process of these two ordinances, we observed significant interest from domestic and international human rights organisations and international donor agencies.

Another important task of the Ministry of Law was to jointly draft the July Uprising (Protection and Indemnity) Ordinance with the Ministry of Liberation War Affairs. This ordinance provides indemnity to July fighters in cases where killings occurred as part of the political resistance against the fascist regime. The ordinance needs to be turned into law to do justice to those young people who took to the streets, risking their lives during the July Uprising.

Ordinances related to the welfare and rehabilitation of the families of the martyrs of the July Uprising and July fighters, and the July Memorial Museum, should be adopted by the new parliament for the same reason.
Other important ordinances were also issued during the interim government's tenure. The Anti-Corruption Commission (Amendment) Ordinance was issued to increase the independence, power, and accountability of the Anti-Corruption Commission to enhance institutional capacity.

The Foreign Donation (Voluntary Activities) Ordinance was issued to prevent harassment and increase capacity in this area. Measures to keep the public administration running were taken through ordinances related to government employment. Provisions for resolving the financial crisis of scheduled banks were made through the Bank Resolution Ordinance.

Various welfare-oriented ordinances were also formulated during this time. For example, the Human Trafficking Ordinance provides protection to migrants; the Civil Aviation (Amendment) Ordinance has established a strong legal framework to prevent manipulation in airfares; steps to alleviate the suffering of transferees have been taken through the Abandoned Property (Supplementary Provisions) Ordinance; private educational institution teachers and staff welfare trust (Amendment) ordinance has included MPO-registered institutions and Madrasa teachers; the Organ Transplantation Ordinance has made the collection, preservation, and transplantation of organs easier and accountable; the Bangladesh Labour (Amendment) Ordinance has increased workers' rights and protection.

In preventing corruption and enhancing transparency, the Government Audit Ordinance has ensured transparency and accountability in government financial management. Through amendments to the Finance Ordinance and some finance-related laws important changes have been made in the value-added tax, supplementary duty, and customs law. The Public Procurement (Amendment) Ordinance has made government procurement processes high-quality and transparent.

In order to improve the environment, the Forest and Tree Conservation Ordinance has strengthened the conservation of tree resources in reserved areas and public domains. The Bangladesh Haor and Wetland Conservation Ordinance has established strict provisions for protecting these ecosystems. Additionally, various ordinances have been issued concerning information technology and information management, revenue management, data collection, spatial planning, rapid supply of electricity and energy, and conservation of fish resources. There's no sufficient or rational reason not to adopt these ordinances. The government may bring some changes where necessary, but the purpose should be to make the laws more public-interest-oriented.

Some reform initiatives of the interim government were ambitious. As these initiatives involved constitutional changes, the government did not have the authority to implement them. Therefore, the opportunity has been left open for these to be completed by the elected parliament via the July Charter and July Order.

We are aware that some have questions about the constitutional validity of the July Order. However, we were aware of the Doctrine of Necessity and the Doctrine of the Will of the People. Instances where an elected parliament has amended the constitution post-validation were also considered in setting our expectations. Considering these, the current government has the opportunity to accept the constitutional reform proposals.

It's important to remember that the interim government did not draft comprehensive constitutional reform proposals to retain or increase its power; it was done to establish an accountable governance system aimed at realising the aspirations of the July Uprising.

The BNP has previously carried out two significant and beneficial constitutional reforms (caretaker government and parliamentary system of government). There's an expectation in society that the BNP will continue to play a similar role in the implementation of the July Charter.

#Asif Nazrul is a Professor, Department of Law, University of Dhaka, and former advisor to the interim government

*Opinions are the author's own.

#This article, originally published in Prothom Alo print and online editions, has been rewritten in English by Rabiul Islam.