Control of Judges to Be Vested in Supreme Court: High Court

The High Court has ruled that the control and discipline of judges across the country will henceforth be under the authority of the Supreme Court. Additionally, the provisions of the 15th and 4th Amendments of the Constitution regarding the transfer, promotion, and discipline of lower court judges have been declared void.

On Tuesday (September 2, 2025), a High Court bench comprising Justice Ahmed Sohel and Justice Debashish Roy Chowdhury announced the verdict. The court also directed the formation of a separate secretariat within the next three months to oversee these matters.

Earlier in the day, the court began delivering its judgment on a rule issued concerning the validity of Article 116 of the Constitution, which pertains to the control of the judiciary. On August 13, 2025, the final hearing on the rule challenging the validity of Article 116 was concluded, and the date for the verdict was set. During the hearing, Advocate Mohammad Shishir Monir represented the petitioners, while Attorney General Md. Asaduzzaman represented the state. Advocate Ahsanul Karim participated as an intervenor. The hearing on the rule challenging the validity of Article 116 began on April 23, 2025. On April 20, Chief Justice Syed Refaat Ahmed constituted a High Court bench to dispose of a writ petition challenging the validity of Article 116. Previously, the case was pending for hearing and disposal before a High Court bench led by Justice Farah Mahbub. However, on March 24, 2025, Justice Farah Mahbub was appointed as a judge of the Appellate Division, leading to the dissolution of that bench. Subsequently, Advocate Mohammad Shishir Monir, the petitioner, applied for the formation of a new bench to resolve the case related to Article 116. On August 25 of the previous year, Advocate Shishir Monir filed the writ petition on behalf of 10 lawyers, seeking the reinstatement of Article 116 as it was in the original 1972 Constitution. The High Court then issued a rule questioning why the existing Article 116 should not be declared unconstitutional. The current (amended) Article 116 of the Constitution states that the control (including posting, promotion, and leave) and discipline of magistrates serving in subordinate courts are vested in the President. In contrast, the original 1972 Constitution’s Article 116 stipulated that the control and discipline of judicial officers and magistrates performing judicial duties would be vested in the Supreme Court.

Under the existing constitutional framework, the executive branch exerts influence over the appointment, posting, transfer, promotion, leave, and discipline of judicial officers, raising significant concerns about the independence of the judiciary.