ACC ordinance needs full reform
The recent approval in principle of the draft Anti-Corruption Commission (ACC) Ordinance, 2025 is a welcome and necessary step towards the long-overdue reform of the institution, which is essential for combating the pervasive menace of corruption in the country. The decision to abolish the existing discriminatory provision that long granted special privileges to government officials—contrary to the constitutional guarantee of equality among citizens—is a much-needed corrective measure.
In 2013, this extraordinary exemption for civil servants was inserted into the Anti-Corruption Commission Act, 2004 by the then Hasina government, overruling a parliamentary standing committee's objection. Although the High Court declared the provision unconstitutional and ordered its repeal in 2014, the government ignored the ruling for the next decade. It has been alleged that such undue privileges were used by the Hasina government to secure the political loyalty of civil servants, enabling the manipulation of elections and the suppression of opposition under an increasingly authoritarian rule.
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Among the recommendations of the ACC Reform Commission—established by the interim government led by Professor Muhammad Yunus following the 2024 mass uprising against Sheikh Hasina's autocratic regime—was the abolition of Section 32A of the ACC Act. This section requires the ACC to obtain prior government approval before initiating cases against judges, magistrates, or government employees, mirroring Section 197 of the Code of Criminal Procedure. However, as ACC Reform Commission chief Dr Iftekharuzzaman has noted, the draft ordinance falls short of fully implementing the widely supported reform proposals. A key omission is the failure to ensure transparency in the appointment process of ACC commissioners.
Experience has shown that the politicisation of such institutions often begins at their formation stage, as secrecy and lobbying influence such key appointments. The draft ordinance drops the crucial provision mandating public disclosure of shortlisted candidates for the commission. The interim government, therefore, should reconsider these strategically significant reform issues. It should also adopt the proposed provision for half-yearly performance reviews of the ACC, as recommended by the reform commission, to strengthen accountability.
While the ordinance in its current form is expected to enhance the ACC's operational capacity and effectiveness, the absence of sufficient safeguards against politicisation—stemming from a lack of transparency in appointments—risks undermining the broader reform objectives. Half-hearted or flawed reforms rarely yield lasting benefits. The government must, therefore, heed the concerns raised by the reform commission and ensure the full implementation of its recommendations to truly empower the ACC and restore public confidence in the fight against corruption.
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