Article 99 Restrictions on judges after retirement
Disabilities of Judges after retirement
The rule stops judges deciding cases with an eye on a future government job or a lucrative practice. That protects the fairness of judgments for everyone who comes to court.
A Supreme Court judge reaches 67, resigns or is removed. From that point Article 99 governs what work the former judge may take up, so that decisions made while in office are not influenced by hopes of future rewards.
The former judge may not hold an office of profit in the service of the Republic unless it is judicial or quasi-judicial. A post as an ordinary administrator would be barred, but heading a tribunal, inquiry or commission can be allowed.
Former judges are often asked to chair tribunals, commissions and inquiries because these roles are judicial or quasi-judicial. Article 99 permits such work, recognising that their experience is useful while keeping them out of political and executive jobs.
A former High Court Division judge may return to practice, but only before the Appellate Division. This avoids a former judge appearing before former colleagues in the High Court Division. A former Additional Judge who was never confirmed is free of these limits.
In plain English
How Article 99 works
Article 99 limits what a former Supreme Court judge may do after leaving the bench. A retired or removed judge may not argue cases or act as a lawyer before any court or authority, and may not hold a paid post in the service of the Republic, unless that post is judicial or quasi-judicial, such as chairing a tribunal or commission. There are two exceptions. First, a former High Court Division judge may still appear as a lawyer before the Appellate Division. Second, the restriction does not apply to someone who served only as an Additional Judge under Article 98 and was never made permanent.
In practice
Article 99 is applied mainly through appointments. Governments regularly appoint retired judges to bodies such as commissions of inquiry, tribunals and statutory commissions, relying on the exception for judicial or quasi-judicial office. Whether a particular post qualifies can be contested, and critics have long argued that the promise of such posts can itself affect judicial behaviour. The article also shapes the legal profession: retired High Court judges often appear as senior advocates in the Appellate Division, which the text expressly allows. Additional Judges who were not confirmed may return to full practice in any court.
The text
What Article 99 says
99. (1) A person who has held office as a Judge (otherwise than as an Additional Judge pursuant to the provisions of article 98), shall not, after his retirement or removal therefrom, plead or act before any court or authority or hold any offece of profit in the service of the Republic not being a judicial or quasi-judicial office.
(2) Notwithstanding anything contained in clause (1), a person who has held office as a Jugde of the High Court Division may, after his retirement or rermoval therefrom, plead or act before the Appellate Division.
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 99: frequently asked questions
Can a retired judge practise law in Bangladesh?
A former Supreme Court judge may not plead or act before any court or authority, with one exception: a former High Court Division judge may appear before the Appellate Division. The ban does not apply to someone who served only as an Additional Judge and was not confirmed.
Can a retired Supreme Court judge hold a government post?
Only if the post is judicial or quasi-judicial. Article 99 bars former judges from holding any office of profit in the service of the Republic otherwise. That is why retired judges are commonly appointed to chair tribunals, commissions and inquiries rather than to ordinary executive positions.
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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