Judgment on the Validity of Article 116 in the Constitution Set for September 2nd
The High Court has been hearing a case challenging the legality of Article 116 of the Constitution, which concerns the president's authority over lower court judges. The petition seeks to abolish Article 116 and transfer that authority to the Supreme Court [1].
The final hearing on this matter commenced on 23 April this year, with Attorney General Mohammad Asaduzzaman representing the state and Advocate Shishir Monir representing the petitioner. Justices Ahmed Sohel and Debasish Roy Chowdhury presided over the hearing [2][3].
However, as of August 21, 2025, the verdict date from the High Court remains unknown. The court has not announced any schedule for the delivery of the verdict [4].
It is worth noting that the case was initially heard by a High Court bench led by Justice Farah Mahbub. However, Justice Mahbub was elevated to the Appellate Division on 24 March, resulting in the dissolution of the bench [5]. In response, Advocate Shishir Monir sought a new bench to dispose of the case [6]. The final hearing on the matter concluded on 13 August [7].
Senior lawyer Ahsanul Karim made submissions as an intervener in the case [8]. The original 1972 Constitution stipulated that the control and discipline of persons employed in the judicial service and magistrates performing judicial functions would be vested in the Supreme Court [9]. However, under the present (amended) Article 116, the control-including postings, promotions, leave, and disciplinary measures-of judicial magistrates serving in subordinate courts is vested in the president [10].
On 25 August last year, petitioner Advocate Shishir Monir, on behalf of 10 lawyers, filed a writ petition seeking reinstatement of the original 1972 version of Article 116 [11]. The court later issued a rule asking why the current Article 116 should not be declared unconstitutional [12].
[1] Source: Unnamed news outlet, August 21, 2025 [2] Source: Unnamed news outlet, April 23, 2025 [3] Source: Unnamed news outlet, April 23, 2025 [4] Source: Unnamed news outlet, August 21, 2025 [5] Source: Unnamed news outlet, March 24, 2025 [6] Source: Unnamed news outlet, March 24, 2025 [7] Source: Unnamed news outlet, August 13, 2025 [8] Source: Unnamed news outlet, August 13, 2025 [9] Source: Unnamed news outlet, August 21, 2025 [10] Source: Unnamed news outlet, August 21, 2025 [11] Source: Unnamed news outlet, August 25, 2024 [12] Source: Unnamed news outlet, August 25, 2024
- Despite the uncertainty over the verdict date of the case challenging Article 116 of the Constitution, related to the president's authority over lower court judges, various aspects of policy-and-legislation and politics in the realm of the judiciary remain under public scrutiny.
- The ongoing case, currently without a scheduled verdict in the High Court, highlights a significant news topic involving policy-and-legislation, which calls into question the principles of justice and the balance of power within the Bangladeshi legal system, contributing to general news discourse.
