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Supreme Court of Bangladesh

Highest court of Bangladesh

  • 9 min read
  • 4 chapters

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Structure

The Supreme Court of Bangladesh is divided into two parts: the Appellate Division and the High Court Division. The High Court Division hears appeals against decisions of the lower courts and tribunals; it also has original jurisdiction in certain limited cases, such as writ jurisdiction under Article 102 of the Constitution of Bangladesh, and company and admiralty matters. The Appellate Division has jurisdiction to hear appeals against decisions of the High Court Division under Article 103 of the Constitution of Bangladesh. The Supreme Court is independent of the executive branch, and is theoretically able to rule against the government in politically controversial cases.

The chief justice of Bangladesh is appointed by the president, while other judges of the Supreme Court are appointed by the president following mandatory consultation with the chief justice. The entry point to the seat of judges in the High Court Division is the post of additional judge who are appointed from among the practising advocates of the Supreme Court Bar Association and from the judicial service under the provision of Article 98 of the constitution for a period of two years. The current ratio of such appointment is 80%–20% (80% from the advocates of the Supreme Court and 20% from the judges of district courts). Upon successful completion of this period and upon recommendation by the chief justice an Additional Judge is appointed permanently by the president of Bangladesh under the provision of Article 95 of the Constitution. The judges of the Appellate Division are also appointed by the president of Bangladesh under the same provision. All such appointments come into effect on and from the date of taking oath by the appointee under the provision of Article 148 of the constitution.

A judge of the Bangladesh Supreme Court serves until the age of 67, as extended by Article 95 of the Constitution through the (Thirteenth) Amendment Act, 2004 (Act 14 of 2004). A retiring judge faces disability in pleading or acting before any court or authority or holding any office of profit in the service of the republic, not being a judicial or quasi-judicial office or the office of the chief adviser or adviser.

A Supreme Court judge is not removable from office except in accordance with the provision of Article 96 of the Constitution which provides for the Supreme Judicial Council empowering it to remove a judge of the Supreme Court from office upon allowing the delinquent judge an opportunity of being heard. The supreme judicial council is constituted with the chief justice of Bangladesh and next two senior judges of the Appellate Division, provided if at any time the Council inquiring into the capacity or conduct of a judge who is a member of the supreme judicial council, or a member of the council is absent or is unable to act due to illness or other cause, the judge who is the next in seniority to those who are members of the council shall act as such member.

Supreme court judges are independent in their judicial function as empowered through article 94(4) of the Constitution.

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