High Court to deliver verdict on Article 116’s constitutionality on September 2

The High Court has wrapped up the final hearing on a petition challenging the constitutionality of Article 116 of the Constitution, which regulates the control and discipline of the judiciary, and will deliver its verdict on September 2.

The bench of Justice Ahmed Sohel and Justice Debasish Roy Chowdhury set the date for the ruling on Wednesday.

Filed on August 25, 2024, by 10 lawyers on behalf of advocate Mohammad Shishir Monir, the writ petition seeks to restore the original 1972 version of Article 116, which placed judicial officers and magistrates under the Supreme Court’s authority.

The petitioners contend that the current amended article transfers this authority to the executive, placing appointments, transfers, promotions, leave, and disciplinary matters of subordinate courts under the president, acting through the law ministry.

Attorney General Md Asaduzzaman represented the state, while lawyer Ahsanul Karim joined the proceedings as an intervener.

The case was initially heard by a bench led by Justice Farah Mahbub, but was reassigned after her appointment to the Appellate Division on March 24.

In April 2024, during preliminary hearings, the High Court issued a rule asking why the amended Article 116 should not be declared unconstitutional.

Under the amended provision, the president—rather than the Supreme Court—exercises control over magistrates, including decisions on transfers, promotions, leave, and other administrative matters.