DHAKA July 30, 2025 (BSS) - Rules have been issued for creation of posts in the Judicial Service to a committee headed by a senior most judge of the Appellate Division of the Supreme Court (SC) but this power is not absolute and is subject to certain conditions and limitations.
 
“The secretaries from the public administration, finance, and law ministries will have to be represented in the committee to make recommendations regarding the creation of judicial posts,” Sheikh Abu Taher, the Secretary of the Law and Justice Division of the Ministry of Law, Justice and Parliamentary Affairs informed this in a gazette notification on Monday last.
 
The notification, titled Judicial Service Formation Rules-2025, mentions the judicial and administrative posts of the Judicial Service as 'cadre' posts. 
 
The judiciary will no longer need to seek approval from the public administration or finance ministries for creating new positions, it said.
 
The rules stated that members of the judicial service would be appointed in different posts of law and justice divisions.
 
The new formation rules clearly list the judicial and administrative posts under the Judicial Service, categorizing them separately to streamline the organizational structure.
 
New recruits will serve a two-year probationary period before confirmation of their service , subject to satisfactory performance, said the rules.
 
In cases of suspension, dismissal, or removal, the Bangladesh Judicial Service (Discipline) Rules, 2007, will be applicable, and consultation with the Supreme Court is mandatory.
 
Earlier, any judicial post was initially created for three years. Later, it was gradually made permanent based on the approval of others, including the public administration.
 
But now any post of judges will be created permanently. As a result, from now on, the judiciary will no longer have to approach the administration for the creation of posts of judges.
 
In addition, Article 115 of the Constitution gives the President the power to make separate rules regarding the officers performing duties in the judiciary.
 
In line with ‘the Masdar Hossain case verdict’ and the Constitution, the Bangladesh Judicial Service Formation Rules-2025 has been issued.
 
Meanwhile, Secretary General of the Bangladesh Judicial Service Association Muhammad Mazharul Islam said the formation of a committee in the creation of judicial posts is one of the most notable aspects of the rules.
 
“I believe that the institutional complexity in the creation of judicial posts in subordinate courts will be removed through these rules . . . The Judicial Service Formation Rules 2025 will be considered as  a milestone in the institutional excellence of the Judiciary,” he added.