Article 22 Separation of the judiciary from the executive
Separation of Judiciary from the executive
An independent judiciary is essential for citizens challenging state action and for investors who need contracts enforced fairly. Article 22 is the constitutional anchor for that independence.
In force. A separate Supreme Court Secretariat set up by ordinance in November 2025 was abolished by a repeal Act passed on 9 April 2026, and a 2025 High Court Division order for an independent secretariat was stayed pending appeal, as reported.
Before 2007, executive magistrates who were civil servants also tried criminal cases. A person prosecuted by the State could be tried by an officer answering to the same government, which raised concerns about fairness. Mobile courts run by executive magistrates still operate under separate laws.
In 1999 the Appellate Division, in Secretary, Ministry of Finance v Masdar Hossain, held that the judicial service is distinct from the civil service and issued directions to separate the lower judiciary from the executive.
On 1 November 2007 the lower judiciary was formally separated. Judicial magistrates under the Supreme Court's oversight began trying criminal cases instead of executive magistrates, giving effect to Article 22. Their postings and discipline remain subject to Article 116.
An ordinance in November 2025 created a separate Supreme Court Secretariat, but Parliament repealed it on 9 April 2026, returning administration of the lower courts to the Law Ministry. A related High Court Division order was stayed pending appeal, as reported.
In plain English
How Article 22 works
Article 22 says the State shall ensure that the judiciary is separate from the executive organs of the State. In simple terms, judges should be independent of the government, so that the people who run the country cannot control the courts that decide disputes, including disputes against the government. For many years magistrates who tried criminal cases were part of the civil administration. The Supreme Court's Masdar Hossain judgment in 1999 directed the government to separate the lower judiciary, and this was implemented in 2007. Article 22 is a principle of state policy, but courts treat judicial independence as a basic feature of the Constitution.
In practice
The Masdar Hossain judgment (1999) remains the leading authority on Article 22 and judicial independence, and its directions were implemented in 2007. Debate continues over Article 116, which gives the executive a role in controlling lower court judges. On 2 September 2025 a High Court Division bench ordered an independent Supreme Court Secretariat within three months, and the interim government promulgated the Supreme Court Secretariat Ordinance on 30 November 2025. Parliament passed a repeal bill on 9 April 2026, and the Appellate Division stayed the High Court order pending appeal, as reported.
The text
What Article 22 says
22. The State shall ensure the separation of the judiciary from the executive organs of the State.
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 separate from the civil service and directed the government to separate the lower judiciary from the executive, giving effect to Article 22.
Case summaries are short descriptions for orientation, not a substitute for the judgment.
Connected provisions
Related articles
Questions
Article 22: frequently asked questions
What is Article 22 of the Constitution of Bangladesh?
Article 22 says the State shall ensure the separation of the judiciary from the executive organs of the State. It is the constitutional basis for an independent judiciary and was given practical effect after the Masdar Hossain judgment.
When was the judiciary separated from the executive in Bangladesh?
The lower judiciary was formally separated on 1 November 2007, following the Appellate Division's 1999 judgment in the Masdar Hossain case. Debate continues on control over judges' postings and discipline under Article 116 and on a separate Supreme Court secretariat.
Sources
- bdlaws: The Constitution of the People's Republic of Bangladesh, Article 22
- Ridwanul Hoque, Indian Journal of Constitutional Law, vol 10 (2021)
- The Financial Express: HC verdict on Supreme Court Secretariat stayed, appeal hearing set for June 16 (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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