Article 116A Independence of judicial officers
Judicial officers to be independent in the exercise of their functions
Most criminal and civil cases are decided in the lower courts. A guarantee that those judges decide freely protects every accused person, litigant and business that appears before them.
A judicial magistrate is deciding whether to grant bail to an accused person, or a district judge is hearing a land dispute involving a powerful local figure. The decision will affect people's liberty or property.
An official or politician tries to influence the outcome, perhaps by contacting the judge or hinting at consequences for the judge's career. Article 116A forbids this kind of interference with judicial decisions. Any such attempt is an attack on the judge's independence.
Article 116A protects the judge's freedom to decide according to the law and the evidence alone. The guarantee applies to all members of the judicial service and all magistrates, subject only to the Constitution. It covers bail, sentencing and every other judicial decision.
The judge decides the case on its merits. Any party who disagrees can appeal or seek revision in a higher court, which is the lawful way to challenge a judicial decision, rather than through pressure or influence.
In plain English
How Article 116A works
Article 116A says that, subject to the Constitution, everyone employed in the judicial service and all magistrates are independent when they carry out their judicial functions. In other words, when a district judge, assistant judge or judicial magistrate decides a case, no minister, official or superior administrator may tell them what to decide. This independence covers judging itself, not administrative matters such as posting or discipline, which are dealt with in Article 116. It mirrors, for the lower courts, the guarantee in Article 94(4) for Supreme Court judges.
In practice
Article 116A was inserted by the Fourth Amendment of 1975, but its promise of independence was weakened in practice while magistrates remained part of the executive. The Masdar Hossain case relied on the separation of powers and judicial independence to require a distinct judicial service and the separation of judicial magistrates from the executive. Today, judicial magistrates are part of the judicial service rather than the administrative cadre. Ongoing disputes over Article 116, including the 2025 High Court verdict and the 2026 stay, concern who controls these officers' careers, which affects how secure their independence is in practice.
The text
What Article 116A says
[116A. Subject to provisions of the Constitution, all persons employed in the judicial service and all magistrates shall be independent in the exercise of their judicial functions.]
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 116A was inserted by section 21 of the Constitution (Fourth Amendment) Act, 1975, per the bdlaws footnote.
Connected provisions
Related articles
Questions
Article 116A: frequently asked questions
Are lower court judges independent in Bangladesh?
Yes, in their judicial functions. Article 116A says all persons employed in the judicial service and all magistrates are independent in exercising their judicial functions, subject to the Constitution. Their careers, however, are governed by Article 116, which has been the subject of litigation.
What is the difference between Article 116 and Article 116A?
Article 116A guarantees independence when judicial officers decide cases. Article 116 deals with control over their careers, including posting, promotion, leave and discipline. A judge can be independent in deciding cases while still depending on others for career decisions, which is why Article 116 is so contested.
Sources
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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