Staff Correspondent
Dhaka: The High Court has declared the amendment to Article 116 of the Constitution “illegal and unconstitutional,” restoring the original Article 116. As a result, control over subordinate court judges—including posting, promotions, leave approvals, and disciplinary matters—now rests entirely with the Supreme Court.
On Tuesday, a High Court bench comprising Justices Ahmed Sohel and Debasish Roy Chowdhury delivered the verdict. The ruling also directs the establishment of a separate secretariat within three months and declares the 2017 judicial code of conduct inconsistent with the Constitution.
Advocate Mohammad Shishir Monir represented the petitioners, while Attorney General Md. Asaduzzaman appeared for the state. Shishir Monir told reporters, “With this ruling, judges can deliver judgments without fear, and there will be no threat of arbitrary transfers at night. This is a historic verdict.”
Under the original 1972 Constitution, Article 116 vested control and disciplinary authority over judges and magistrates in the Supreme Court. The current amended provision had shifted this power to the President, raising questions about judicial independence. The High Court’s verdict is seen as a landmark in safeguarding the autonomy of the judiciary.