Zakir Hossain from Dhaka
The Bangladesh High Court on Tuesday declared the amendment to Article 116 of the Constitution—giving the President control over subordinate judiciary—“unconstitutional and void,” restoring full authority to the Supreme Court.
A bench of Justice Ahmed Sohel and Justice Debasish Roy Chowdhury ruled that the Supreme Court will now have complete authority over lower court judges, including postings, promotions, transfers, leave approvals and disciplinary measures, as originally provided in the 1972 Constitution.
The HC also ordered the government to set up a separate Secretariat for the judiciary within three months and struck down the 2017 disciplinary rules for judges as contradictory to the Constitution. As a result, the Supreme Court will no longer need presidential approval for transfers or disciplinary actions.
Advocate Mohammad Shishir Manir, counsel for the petitioners, called the ruling “historic.” He said, “The order has fully restored the Supreme Court’s control over judges, including their postings, promotions and leave approvals. From now on, the Ministry of Law will have no control… Judges will be able to deliver judgments without fear. After delivering a verdict, they will no longer have to fear being transferred in the dead of night due to the wrath of the executive authority.”
Attorney General Md Asaduzzaman represented the state, while senior lawyer Sharif Bhuiyan appeared as amicus curiae.
The case originated from a writ petition filed on August 25, 2023, by seven SC lawyers—Advocates Mohammad Saddam Hossain, Zahirul Islam, Mustafizur Rahman, Abdullah Sadique, Md Mizanul Haque, Aminul Islam Shakil and Zayed Bin Amzad—challenging Article 116.
Originally, the 1972 Constitution vested control of magistrates in the SC. The 4th Amendment of 1974 shifted authority to the President, while the 5th Amendment inserted “in consultation with the Supreme Court.” Although the Appellate Division struck down the 5th Amendment, the 15th Amendment of 2011 reinstated presidential control, which the HC has now nullified. Lawyers said the verdict has ended executive control and paved the way for a fully independent judiciary, with an autonomous Secretariat to manage judicial administration.