‘Independent’ Character of the Anti-Corruption Commission under the Influence and Control of the Ruling Political Government of Bangladesh: A Need to Amend the Law

Abstract

The establishment of an independent and effective Anti-Corruption Commission (ACC) in Bangladesh is essential for good governance and sustainable development. Although it was formed under the Anti- Corruption Commission Act, 2004, its full independence and impartiality have been repeatedly questioned due to the political will of the government, the limitations of the existing law, and administrative interference. The political government in power in Bangladesh continues to have a significant impact on how the ACC operates. Potential executive influence has been made possible by issues including appointment processes, administrative control, financial dependence, and legal restrictions incorporated into the governing statute. These structural constraints raise important concerns about whether the ACC can actually operate as an independent watchdog or if it is still, in reality, influenced by political influences. The government tries to prevent the process against the leaders of the ruling party and continues the legal proceedings against opposition leaders by appointing likeminded individuals as Chairmen and Commissioners. The ACC is viewed as a mechanism used by the government to stifle critics and opposition members, and it is criticized for being under the influence of the ruling party. The ACC's ability to act freely is severely limited by the need for annual budget approval, which makes it financially dependent on the government. To find out the constraints and limitation of the ACC, research on ACC’s independence and neutrality is a welcome inclusion. To truly be independent, the ACC needs legal reforms, including complete operational and financial independence, a non-partisan appointment process for leadership, and protection against political interference. Therefore, this article aims to provide practical recommendations for legislative and institutional changes that can enhance the credibility and functional independence of the ACC.

Rajshahi Uni. Law Rev.Vol. XIII, 2024; p31-60