Masdar Hossain case has opined upon
the provisions of the independence of the judiciary affirmed in Article 94(4) and Article 116A as one of the basic pillars of the Constitution which could not be abridged, curtailed or diminished in any manner.
The main thing is that according to this case is judicial service is fundamentallyand structurally distinct and separate service from the civil executive andadministrative services of the Republic with which the judicial service cannot be placed on par on any account and that it cannot be amalgamated, abolished,replaced, mixed up and tied together with the civil executive and administrativeservices and that indicated the basic structure of the constitution. And other important thing is that to use the existing elements in the constitution the courtsgive his judgment for separation but not to opinion of amend the constitution for separation. And other thing is that other two branches have their own rules andregulations for all of their activities but in this case before the separation of judiciary, it has no rules and regulations of its own and it is necessary as the other two-branches.