Supreme Court Under the Constitution

The Supreme Court of Bangladesh, with the sitting judges and the Chief Justice, is the repository of judicial power at the national level and the upholder and final interpreter of the Constitution of the People's Republic of Bangladesh (Constitution) as well as the defender of the Constitution and rule of law in the Country. Part-VI of the Constitution relates to jurisdiction of the Courts. It contains 3 chapters of which Chapter-I provides power and authority of the Supreme Court, Chapter-2 relates to the Sub-ordinate Courts and Chapter-3 deals with the Administrative Tribunal.

The Chapter-I contains article 94 to 113. Article 94 relates to the setting up of the Supreme Court of Bangladesh comprising the Appellate Division and the High Court Division and that Bangladesh Supreme Court consists of the Chief Justice and such number of other judges, as the President may deem it necessary to appoint in each of the Divisions. The Constitution provides for one Chief Justice for both the Divisions and that the Chief Justice and the judges appointed to the Appellate Division are to sit in the Appellate Division, whereas the judges appointed in the High Court Division are to sit in the High Court Division. The Chief Justice is known as Chief Justice of Bangladesh. Article 95 of the Constitution provides that the Chief Justice and other judges shall be appointed by the President and a person shall not be qualified for appointment as a judge unless he is a citizen of Bangladesh and has acquired the required qualifications as enumerated in Article 95. At the present, as per article 96, a judge shall not be removed from office unless he ceased to be capable of properly performing his functions because of physical or mental incapacity or is found to be guilty of gross misconduct, through an inquiry to be conducted by the Supreme Judicial Council, which Council consists of the Chief Justice and the next two senior judges, and the judges are to observe the prescribed Code of Conduct framed by the Supreme Judicial Council. Article 97 provides for temporary appointment for performing the functions of the performing Chief Justice, as and when necessary, in the absence of the Chief Justice on account of illness or any other cause, and such appointment is to be given by the President to the senior judge of the Appellate Division next to Chief Justice. Article 98 provides for appointment of Additional Judge(s) in the Supreme Court for any period not exceeding two years and a judge of the High Court Division may be required to sit in the Appellate Division for a temporary period as an ad-hoc judge. Normally, a judge is appointed afresh on regular basis under article 95 of the Constitution, after his satisfactory performance as an Additional Judge, appointed under article 98. Article 100 of the Constitution provides that the permanent seat of the Supreme Court shall be in the Capital. However, judges of the High Court Division may be required to sit at such other place or places as the Chief Justice may, with the approval of the President, from time to time appoint. Articles 101 and 102 provides the jurisdiction and power of the High Court Division in exercising its judicial functions and articles 102, 104 and 105 provide the jurisdiction and power of the Appellate Division in exercising its judicial functions. The Appellate Division is also given the advisory jurisdiction to give opinion to any question of law relating to such national and public importance as may appear to the President, which may be referred by him under Article-106. Article 107 provides the rule making power of the Supreme Court and the authority of the Chief Justice in constituting Benches of any Division. Article-108 empowers the Supreme Court to order for investigation and award punishment for any contempt. Article 111 declares the binding effect of law declared by the Appellate Division on all authority of the Republic and the Courts including the High Court Division and the binding effect of the law declared by the High Court Division upon all authority of the Republic and the Subordinate Courts. Article 112 requires all authority, executive and judicial, in the Republic to act in aid of the Supreme Court. Article 107 provides authority to the Supreme Court to make rules for regulating, practice and procedure of both the Divisions of the Supreme Court or any Sub-ordinate Court, subject to approval of the President, and article 113 gives the authority to the Chief Justice or such other judge or officer, as he may direct, for appointment of staff of Supreme Court in accordance with the rules framed with previous approval of the President, and such appointment and service condition of the Supreme Court staff are guided by the rules framed by the Division concern. The power to issue writ to redress the violations of rights guaranteed by the fundamental rights, detailed in Part-III of the Constitution, and the authority to declare any law promulgated inconsistent with the rights guaranteed under Part- III of the Constitution, as void has been exclusively vested with the High Court Division under the provisions of articles 44 and 102 of the Constitution. Article-109 has given the High Court Division the power and authority of superintendence and control over all Courts and Tribunals, sub-ordinate to it. Article-110 authorizes the High Court Division to call for any case, pending before any subordinate Court, requiring determination of a substantial question of law as to the interpretation of the Constitution, or any point of public importance, for disposal of the case by itself or to determine the question of law and then send back the case to the trial Court for disposal in conformity with the answer given by the High Court Division. Article-114 provides for establishment of Courts subordinate to the Supreme Court and normally the sub-ordinate Courts under civil jurisdiction are set up under the provisions of the Civil Courts Act, 1887 and those of criminal jurisdiction are set up under the Code of Criminal Procedure, 1898. Persons employed in judicial service and Magistracy are independent in exercising their respective judicial functions.

The Appellate Division of the Supreme Court of Bangladesh has seven judges including the Chief Justice and the High Court Division has sixty seven judges.

Ref : ANNUAL REPORT 2008 OF THE SUPREME COURT OF BANGLADESH