The process by which judges are appointed in the judiciary is an important factor to safeguard judicial independence. In establishing rule-based government, an independent judiciary plays a substantial role. In Bangladesh, following the Masdar Hossain case, the subordinate judiciary was formally separated from the executive in 2007. However, the process of appointment of judges in the Supreme Court of Bangladesh still rests in the hands of the executive. 

According to Article 95(1) of the Constitution of Bangladesh, the President can appoint the Chief Justice. The High Court Division (HCD) and the Appellate Division (AD) judges are appointed by the President in consultation with the Chief Justice. 

Nevertheless, the President, under Article 48(3) of the Constitution, has to act in accordance with the advice of the Prime Minister except when appointing the Chief Justice. This ultimately vests a significant portion of the power of appointing justices in the hands of the cabinet. Hence, to ensure that the process of appointing judges does not rely on the hands of the executive, a Supreme Judicial Council could be formed like the one during the regime of the caretaker government in 2007-09.