Dhaka: Rules have been issued for the creation of posts in the Judicial Service to a committee headed by the senior-most judge of the Appellate Division of the Supreme Court (SC). However, this power is not absolute and is subject to certain conditions and limitations.
According to Bangladesh Sangbad Sangstha, the secretaries from the public administration, finance, and law ministries are required to be represented in the committee to make recommendations regarding the creation of judicial posts, as informed by Sheikh Abu Taher, the Secretary of the Law and Justice Division of the Ministry of Law, Justice and Parliamentary Affairs, in a gazette notification issued recently. The notification, titled Judicial Service Formation Rules-2025, identifies both judicial and administrative posts within the Judicial Service as ‘cadre’ posts.
The new rules indicate that the judiciary will no longer need to seek approval from the public administration or finance ministries for creating new positions. Members of the judicial service will be appointed to various posts within the law and justice divisions, with the rules clearly listing the judicial and administrative posts under the Judicial Service to streamline the organizational structure.
New recruits are required to serve a two-year probationary period before their service is confirmed, contingent upon satisfactory performance. In situations involving suspension, dismissal, or removal, the Bangladesh Judicial Service (Discipline) Rules, 2007, will be applicable, with mandatory consultation with the Supreme Court.
Previously, judicial posts were initially created for three years and later made permanent based on approval from various bodies, including the public administration. Now, any post of judges will be created permanently, eliminating the need for the judiciary to approach the administration for the creation of judge posts.
Additionally, Article 115 of the Constitution grants the President the authority to make separate rules regarding officers performing duties in the judiciary. In accordance with ‘the Masdar Hossain case verdict’ and the Constitution, the Bangladesh Judicial Service Formation Rules-2025 has been issued.
Muhammad Mazharul Islam, Secretary General of the Bangladesh Judicial Service Association, highlighted the formation of a committee for the creation of judicial posts as a notable aspect of the rules. He expressed confidence that these rules will eliminate institutional complexities in the creation of judicial posts in subordinate courts and will be considered a milestone in the institutional excellence of the Judiciary.