Article 113 Staff of the Supreme Court
Staff of Supreme Court
Independent courts need administrative staff who answer to judges rather than ministers. This affects how efficiently cases are listed, filed and processed.
The Supreme Court relies on registrars, bench officers, clerks and other staff to receive filings, list cases and keep records. Without a reliable administration, even the best judges cannot deliver timely justice. Delays in the registry quickly become delays for litigants.
Staff are appointed by the Chief Justice, or by a judge or officer the Chief Justice directs. Appointments follow rules the Supreme Court makes with the President's prior approval, so recruitment stays under judicial control.
Pay, leave, discipline and other conditions of service for court staff are set by rules made by the Supreme Court, subject to any Act of Parliament. This keeps day-to-day management of court staff within the judiciary.
In November 2025 an ordinance created a separate Supreme Court Secretariat, which opened in December 2025. Parliament repealed it in April 2026 and moved its posts and budget to the Law Ministry. A writ and an appeal challenging the repeal were filed, as reported.
In plain English
How Article 113 works
Article 113 gives the Supreme Court control over its own staff. Appointments to the Supreme Court's staff are made by the Chief Justice, or by another judge or officer the Chief Justice directs, in line with rules made by the Supreme Court with the President's prior approval. Subject to any Act of Parliament, the staff's conditions of service are set by rules made by the court. The idea is that the court's registry and administration answer to the judiciary rather than to a government ministry. The wider question of whether the judiciary should also have its own secretariat for budgets and lower court administration remains contested.
In practice
Article 113 covers the Supreme Court's own staff, but not its budget or the administration of lower courts, which have long been handled through the Law Ministry. Reformers argued that a separate judicial secretariat was needed. The interim government issued the Supreme Court Secretariat Ordinance on 30 November 2025, and the secretariat was inaugurated on 11 December 2025. On 9 April 2026 Parliament passed a repeal bill, and the repeal abolished the secretariat and transferred its budgets and posts to the Ministry of Law and Justice. A writ challenging the repeal and an appeal seeking the status quo were filed on 20 April 2026, as reported. Separately, a 2025 High Court order for a secretariat was stayed on 9 June 2026.
The text
What Article 113 says
113. (1) Appointments of the staff of the Supreme Court shall be made by the Chief Justice or such other judge or officer of that court as he may direct, and shall be made in accordance with rules made with the previous approval of the President by the Supreme Court.
(2) Subject to the provisions of any Act of Parliament the conditions of service of members of the staff of the Supreme Court shall be such as may be prescribed by rules made by that court.]
English text as published on the official Laws of Bangladesh website. Where a court has changed the position, the status note above explains it.
History
Amendments
- Fifteenth Amendment 2011Chapter I of Part VI (Articles 94 to 113) was substituted by section 31 of the Constitution (Fifteenth Amendment) Act, 2011, as noted on bdlaws.
Connected provisions
Related articles
Questions
Article 113: frequently asked questions
Who appoints the staff of the Supreme Court of Bangladesh?
Under Article 113 the Chief Justice, or another judge or officer the Chief Justice directs, appoints the Supreme Court's staff. Appointments follow rules made by the Supreme Court with the President's prior approval, and conditions of service are set by the court's rules, subject to any Act of Parliament.
Does the Supreme Court of Bangladesh have its own secretariat?
An ordinance of 30 November 2025 created a Supreme Court Secretariat, which opened in December 2025. Parliament repealed that ordinance in April 2026 and transferred its budget and posts to the Law Ministry. Challenges to the repeal were filed in April 2026, as reported.
Sources
- Laws of Bangladesh: Constitution, Article 113 (bdlaws section page)
- Jago News: Appeal filed seeking status quo on SC Secretariat operations (20 April 2026)
- Jago News: Writ petition challenges repeal of SC Secretariat ordinance (20 April 2026)
- The Business Standard: Parliament repeals three SC appointment ordinances amid opposition protests (9 April 2026)
- Prothom Alo English: BNP takes a different path on judicial independence (April 2026)
- BSS: 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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