Article 115 Appointment of lower court judges and magistrates
Appointments to subordinate courts
Fair, merit-based recruitment of lower court judges is essential to everyday justice. It affects the quality of decisions in criminal trials, land disputes, family cases and commercial suits.
In force. In its 2 September 2025 verdict on Article 116, the High Court Division reportedly upheld Article 115; on 9 June 2026 the Appellate Division stayed that judgment, reported as the one directing a separate secretariat, pending appeal.
Law graduates sit a competitive examination to join the judicial service. Selection is managed by a specialist commission for the judicial service, rather than the general Public Service Commission used for civil servants. This keeps the selection of judges apart from ordinary civil service recruitment.
Article 115 says appointments must follow rules made by the President. These rules set the qualifications, selection process and terms of entry into the judicial service and for judicial magistrates. They must respect the separation of the judicial service from the civil service.
Successful candidates are appointed by the President as assistant judges or judicial magistrates. The appointment is formally made by the President, but under the rules and on the basis of the commission's selection. A formal notification is then issued.
Once appointed, the new judicial officer hears cases in a subordinate court. Article 116A guarantees independence in judicial functions, while posting, promotion and discipline are governed by Article 116. The new judge's career therefore depends on both articles.
In plain English
How Article 115 works
Article 115 deals with who appoints judges of the lower courts. People appointed to the judicial service, and magistrates who exercise judicial functions, are appointed by the President in accordance with rules the President makes for that purpose. In practice, the government acts through rules on recruitment and the Bangladesh Judicial Service Commission, which selects candidates through examinations. The Masdar Hossain judgment required that the judicial service be recruited and managed separately from the ordinary civil service, so that lower court judges are not treated as ordinary government officials.
In practice
Article 115 was substituted in its current form by the Fourth Amendment of 1975. In the Masdar Hossain case the Appellate Division held that the judicial service is a separate service and directed the government to make separate rules for its recruitment and management, including a judicial service commission. Those directions were implemented over several years. In the Article 116 case decided on 2 September 2025, the High Court Division reportedly upheld Article 115 while striking down the amended Article 116 in part; the state's appeal is pending, and on 9 June 2026 the Appellate Division stayed that judgment, reported as the one directing a separate secretariat.
The text
What Article 115 says
[115. Appointments of persons to offices in the judicial service or as magistrates exercising judicial functions shall be made by the President in accordance with rules made by him in that behalf.]
English text as published on the official Laws of Bangladesh website. Where a court has changed the position, the status note above explains it.
Landmark cases
How the courts have read it
Appellate Division · 1999
Secretary, Ministry of Finance v Md. Masdar Hossain
52 DLR (AD) 82
Held that the judicial service is distinct from the civil administrative service and directed measures to separate the lower judiciary from the executive, reading "consultation with the Supreme Court" as giving the Court real weight.
Case summaries are short descriptions for orientation, not a substitute for the judgment.
History
Amendments
- Fourth Amendment 1975Article 115 was substituted by section 19 of the Constitution (Fourth Amendment) Act, 1975, per the bdlaws footnote.
Connected provisions
Related articles
Questions
Article 115: frequently asked questions
Who appoints lower court judges in Bangladesh?
Under Article 115 the President appoints people to the judicial service and magistrates exercising judicial functions, in accordance with rules made by the President. In practice selection is made through a competitive process for the judicial service, following the separation principles set out in the Masdar Hossain case.
How do you become a judge in a lower court in Bangladesh?
Typically by passing the competitive examination for entry into the judicial service and being appointed by the President as an assistant judge or judicial magistrate under the applicable rules. Later promotion can lead to posts such as district and sessions judge.
Sources
- Laws of Bangladesh: Constitution, Article 115 (bdlaws section page)
- Daily Observer: High Court verdict on Article 116 and separate judicial secretariat (3 September 2025)
- BSS: Appellate Division stays HC verdict on SC secretariat (9 June 2026)
- Dhaka Tribune: Appellate Division stays HC verdict on SC secretariat (9 June 2026)
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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