Article 95 Appointment of Supreme Court judges
Appointment of Judges
Who becomes a judge decides how capable and independent the courts are. Litigants and investors depend on a bench chosen on merit rather than on political loyalty.
In force as printed on bdlaws. A January 2025 ordinance creating a Supreme Judicial Appointment Council was repealed by Parliament on 9 April 2026, and an amendment to Article 95 agreed in the July Charter process remains a pending proposal.
The Supreme Court needs more judges, often because of a growing backlog of cases. Candidates usually come from senior advocates with at least ten years at the Supreme Court bar, and from district judges and other judicial officers with at least ten years of judicial service.
Before appointing anyone other than the Chief Justice, the President must consult the Chief Justice. The Appellate Division has said the Chief Justice should first take the views of at least the two most senior judges, and then give an opinion on each candidate's legal ability and suitability.
The Prime Minister's side reviews each candidate's background, and the President acts on the Prime Minister's advice. In 2023 the Appellate Division held that if the Chief Justice and the executive disagree about a candidate, neither view prevails and the President cannot appoint that person.
If both sides agree, the President signs the appointment and the new judge takes the oath of office set out in the Third Schedule. New High Court judges are usually appointed first as Additional Judges under Article 98, and later confirmed as permanent judges under Article 95.
In January 2025 the interim government issued an ordinance creating a six-member Supreme Judicial Appointment Council, led by the Chief Justice, to collect names and interview candidates. Parliament repealed it on 9 April 2026, keeping earlier appointments valid, and the government said a permanent system would follow.
In plain English
How Article 95 works
Article 95 says who chooses Supreme Court judges and who can be chosen. The President appoints the Chief Justice. Every other judge is appointed by the President after consulting the Chief Justice. To qualify, a person must be a citizen of Bangladesh and must either have practised as an advocate of the Supreme Court for at least ten years, or have held judicial office in Bangladesh for at least ten years, or meet any other qualifications that Parliament sets by law. Service before 1972 in the old High Courts counts as Supreme Court experience. Apart from appointing the Chief Justice, the President acts on the Prime Minister's advice.
In practice
For decades appointments depended heavily on executive advice. The Ten Judges case treated consultation with the Chief Justice as a binding convention after the Fourth Amendment had removed it, and the Fifteenth Amendment of 2011 wrote it back into Article 95. In A.B.M. Altaf Hossain (2023) the Appellate Division set out the current rules on consultation and disagreement. On 21 January 2025 the interim government issued an ordinance creating a Supreme Judicial Appointment Council. On 9 April 2026 Parliament passed a repeal bill with a savings clause, and the Law Minister said a permanent framework would come through constitutional reform. The July Charter talks agreed to amend Article 95 so that the Chief Justice is chosen from the Appellate Division; that remains a pending proposal.
The text
What Article 95 says
95. (1) The Chief Justice shall be appointed by the President, and the other Judges shall be appointed by the President after consultation with the Chief Justice.
(2) A person shall not be qualified for appointment as a Judge unless he is a citizen of Bangladesh and –
(a) has, for not less than ten years, been an advocate of the Supreme Court ; or
(b) has, for not less than ten years, held judicial office in the territory of Bangladesh ; or
(c) has such qualifications as may be prescribed by law for appointment as a Judge of the Supreme Court.
(3) In this article, “Supreme Court” includes a court which at any time before the commencement of this Constitution exercised jurisdiction as a High Court in the territory of Bangladesh.
English text as published on the official Laws of Bangladesh website. The Bangla text is authoritative (Article 153). Where a court has changed the position, the status note above explains it.
Landmark cases
How the courts have read it
Appellate Division · 2009
Bangladesh v Md. Idrisur Rahman (Ten Judges case)
29 BLD (AD) 79
Treated consultation with the Chief Justice on appointing judges as a binding constitutional convention, with primacy for the Chief Justice's view on legal ability, and directed reconsideration of additional judges who had not been confirmed.
Appellate Division · 2023
A.B.M. Altaf Hossain v Government of Bangladesh
Held that the Chief Justice should consult at least the two most senior judges, and that if the Chief Justice and the Prime Minister disagree about a candidate under Articles 95 or 98, the President cannot appoint that person.
Read more ↗Case summaries are short descriptions for orientation, not a substitute for the judgment.
History
Amendments
- Fourth Amendment 1975 →Removed the requirement of consultation with the Chief Justice from clause (1), as recorded by the Appellate Division in A.B.M. Altaf Hossain (2023).
- Fifteenth Amendment 2011 →Restored consultation with the Chief Justice in clause (1) as part of the substituted Chapter I.
Connected provisions
Related articles
Questions
Article 95: frequently asked questions
Who appoints Supreme Court judges in Bangladesh?
The President. Under Article 95 the President appoints the Chief Justice, and appoints all other judges after consulting the Chief Justice. Except for the Chief Justice's appointment, the President acts on the Prime Minister's advice. The Appellate Division has held that the Chief Justice's view on a candidate's legal ability carries great weight.
What are the qualifications to become a High Court judge in Bangladesh?
A candidate must be a citizen of Bangladesh and either have been an advocate of the Supreme Court for at least ten years, or have held judicial office in Bangladesh for at least ten years. Article 95(2)(c) also allows Parliament to prescribe other qualifications by law.
What happened to the 2025 ordinance on appointing Supreme Court judges?
The interim government's January 2025 ordinance created a Supreme Judicial Appointment Council to screen and interview candidates. On 9 April 2026 Parliament passed a bill repealing it, while keeping appointments already made under it valid. The government said a permanent system would be developed through constitutional reform.
Sources
- Laws of Bangladesh: Constitution, Article 95 (bdlaws section page)
- Supreme Court of Bangladesh: A.B.M. Altaf Hossain v Government of Bangladesh, Civil Appeal No. 232 of 2014 (judgment of 14 June 2023)
- The Daily Star: Consultation with the Chief Justice in appointing SC judges (18 November 2025)
- Dhaka Tribune: Judges in higher courts to be appointed through independent council (21 January 2025)
- Prothom Alo English: JS passes 'Supreme Court Judge Appointment (Repeal) Bill, 2026' (9 April 2026)
- Dhaka Tribune: Parliament repeals Supreme Court judge appointment ordinance (9 April 2026)
- The Business Standard: Parliament repeals three SC appointment ordinances amid opposition protests (9 April 2026)
- The Business Standard: Consensus on two issues regarding chief justice's appointment (10 July 2025)
- bdnews24: National Consensus Commission dialogue on Chief Justice appointment and emergency (14 July 2025)
This guide explains the Constitution for general understanding. It is not legal advice. Constitutional reform proposals under discussion in 2026 are described as proposals until enacted.
Constitutional and writ practice
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