The High Court has declared parts of Article 116 of the Constitution, related to the control of the judiciary, illegal and void.
The court also directed the formation of a separate secretariat within three months.
As a result, the authority to transfer and promote subordinate court judges has been restored to the Supreme Court, and there is no longer any bar to establishing a separate secretariat for the apex court, lawyers said.
The verdict was delivered on Tuesday by a High Court bench comprising Justice Ahmed Sohel and Justice Debasish Roy Chowdhury, which disposed of a rule issued earlier in this regard.
Advocate Mohammad Shishir Monir argued for the writ petition, while Attorney General Mohammad Asaduzzaman represented the state. Advocate Ahsanul Karim appeared as an intervener.
Article 116 states: "The control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial service and magistrates exercising judicial functions shall vest in the president and shall be exercised by him in consultation with the Supreme Court."
In Bangladesh’s original 1972 Constitution, the Supreme Court had sole authority over magistrates’ disciplinary matters.
This changed with the 4th Amendment in 1974, which shifted control to the president.
The 15th Amendment in 2011 reinstated the current provision under Article 116 after the Supreme Court declared the Fifth Amendment unconstitutional.
