The rule of law in Bangladesh: Overcoming barriers for a just society

The struggle to uphold the rule of law in Bangladesh faces significant hurdles; however, with the right reforms, our country can strengthen its democratic foundations and ensure justice for all.

A truly democratic society is not defined solely by elections or the will of the majority, but by the institutions and values that safeguard justice, equality, and human dignity. At the heart of these principles lies the rule of law — the cornerstone of good governance, stability, and effective leadership. It ensures transparency, protects individual rights, and guarantees equal access to justice, while serving as a bulwark against corruption, abuse of power, and inequality. 

In a democracy, no one — regardless of status — should be above the law, and all citizens must be treated equally under it. Without the rule of law, democracy becomes fragile, leaving room for corruption and authoritarianism.

In Bangladesh, the Constitution enshrines the rule of law as the foundation of governance, justice, and accountability. Yet, despite these constitutional guarantees, challenges remain in the practical implementation and enforcement of the rule of law.

A robust rule of law requires a transparent system in which government actions are accountable, legal boundaries are clearly defined, and independent oversight mechanisms are in place to prevent corruption and build public trust. 

A judiciary that is impartial, independent, and free from political interference is essential for delivering fair and just rulings. Justice must be applied equally, irrespective of wealth, status, or political affiliation. However, in Bangladesh, access to justice remains a significant challenge.

Political interference and influence in judicial appointments and case outcomes undermine the independence of the judiciary. Corruption permeates every level of the legal system, delaying justice and disproportionately harming the poor and marginalised. With a backlog of over 3.8 million cases, many citizens face years of delay in receiving verdicts. 

Legal aid remains out of reach for many, particularly in rural and underprivileged communities, where legal illiteracy is widespread. Law enforcement agencies are similarly plagued by political pressure, with frequent reports of arbitrary detention, torture, biased investigations, and malpractice.

The judiciary in Bangladesh plays a critical role in safeguarding the rule of law, defending the constitutional order, and protecting citizens' rights. Landmark judgments and the acceptance of Public Interest Litigations (PILs) have expanded access to justice for marginalised communities. 

The judiciary has acted as a defender of democratic norms, striking down amendments that threatened judicial independence and protecting citizens' rights in the absence of executive action.

However, the effectiveness of the judiciary remains hindered by several factors. Lower courts are often administratively dependent on the Executive, raising concerns over impartiality and political interference. 

Judicial reforms — including digitisation and the introduction of alternative dispute resolution mechanisms — have progressed slowly due to institutional resistance. Furthermore, inconsistent judicial decisions, often stemming from gaps in training and oversight, continue to undermine the credibility of the system.

The rule of law is essential for ensuring civil liberties, limiting state power, and maintaining the integrity of governance. It fosters economic growth, social cohesion, and a stable legal environment. Yet, in Bangladesh, the rule of law is under threat from political interference, corruption, weak law enforcement, and unequal access to justice. Reform is urgently needed at multiple levels to safeguard the rule of law and restore public confidence.

Elections, while crucial for democratic legitimacy, do not automatically ensure the rule of law. Across the world, some elected governments have eroded legal institutions and manipulated the judiciary, while certain non-democratic regimes have maintained law and order at the cost of individual freedoms. The key to sustaining the rule of law lies not in how power is acquired, but in how it is exercised — through an impartial justice system, robust accountability, and adherence to legal norms.

To ensure the resilience of the rule of law in Bangladesh, comprehensive reforms are imperative. The judiciary must be fully independent, with judicial appointments insulated from political influence. Combating corruption and malpractice within the legal system requires empowered, independent oversight bodies tasked with investigating misconduct, inefficiency, and mismanagement. 

The enormous backlog of cases must be addressed through enhanced court infrastructure, fully digitised case management systems, increased judicial appointments, and the promotion of alternative dispute resolution mechanisms.

Access to justice must be significantly improved, particularly for rural and marginalised populations. This can be achieved by increasing funding for legal aid services and launching public awareness campaigns to educate citizens about their legal rights and responsibilities. Furthermore, law enforcement agencies must be reformed to ensure greater accountability, transparency, and professional integrity.

The rule of law is more than a constitutional ideal — it must become a living reality for every citizen of our nation. Upholding it is an ongoing process that demands strong political will, genuine public engagement, and far-reaching structural reform. In Bangladesh, while the rule of law remains an aspiration, the path towards its realisation is clear: through a strengthened judiciary, independent institutions, and inclusive public participation.

Ultimately, the rule of law forms the foundation of democratic life — ensuring freedom, fairness, and equality for all. It is a shared responsibility of governments, institutions, and citizens to protect and uphold this vital principle, thereby fostering a more just and equitable society.

Md Anwar Hossen is a Barrister-at-Law and an Advocate at Supreme Court of Bangladesh.

Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the opinions and views of The Business Standard.