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Constitution of the People’s Republic of Bangladesh
(i) which could not lawfully be made under this Constitution by Act of Parliament;
(ii) for altering or repealing any provision of this Constitution; or
(iii) continuing in force any provision of an Ordinance previously made.
(2) An Ordinance made under clause (1) shall be laid before Parliament at its first meeting following the
promulgation of the Ordinance and shall, unless it is earlier repealed, cease to have effect at the expiration
of thirty days after it is so laid or, if a resolution disapproving of the Ordinance is passed by Parliament
before such expiration, upon the passing of the resolution.
(3) At any time when Parliament stands dissolved, the President may, if he is satisfied that circumstances
exist which render such action necessary, make and promulgate an Ordinance authorising expenditure from
the Consolidated Fund, whether the expenditure is charged by the Constitution upon that fund or not, and
any Ordinance so made shall, as from its promulgation, have the like force of law as an Act of Parliament.
(4) Every Ordinance promulgated under clause (3) shall be laid before Parliament as soon as may be, and
the provisions of articles 87, 89 and 90 shall, with necessary adaptations, be complied with in respect
thereof within thirty days of the reconstitution of Parliament.
PART VI
THE JUDICIARY
62 CHAPTER I
THE SUPREME COURT
94. (1) There shall be a Supreme Court for Bangladesh (to be known as the Supreme Court of Bangladesh)
comprising the Appellate Division and the High Court Division.
Establishment of Supreme
Court
(2) The Supreme Court shall consist of the Chief Justice, to be known as the Chief Justice of Bangladesh,
and such number of other Judges as the President may deem it necessary to appoint to each division.
(3) The Chief Justice, and the Judges appointed to the Appellate Division, shall sit only in that division, and
the other Judges shall sit only in the High Court Division.
(4) Subject to the provisions of this Constitution the Chief Justice and the other Judges shall be independent
in the exercise of their judicial functions.
95. (1) The Chief Justice shall be appointed by the President, and the other Judges shall be appointed by
the President after consultation with the Chief Justice.
Appointment of Judges
(2) A person shall not be qualified for appointment as a Judge unless he is a citizen of Bangladesh and –
(a) has, for not less than ten years, been an advocate of the Supreme Court ; or
(b) has, for not less than ten years, held judicial office in the territory of Bangladesh ; or
(c) has such qualifications as may be prescribed by law for appointment as a Judge of the Supreme Court.
(3) In this article, “Supreme Court” includes a court which at any time before the commencement of this
Constitution exercised jurisdiction as a High Court in the territory of Bangladesh.
96. (1) Subject to the other provisions of this article, a Judge shall hold office until he attains the age of
sixtyseven years.
Tenure of office of Judges
63[ (2) A Judge shall not be removed from his office except by an order of the President passed pursuant to
a resolution of Parliament supported by a majority of not less than twothirds of the total number of
members of Parliament, on the ground of proved misbehaviour or incapacity.
(3) Parliament may by law regulate the procedure in relation to a resolution under clause (2) and for
investigation and proof of the misbehaviour or incapacity of a Judge.
(4) A Judge may resign his office by writing under his hand addressed to the President.]
Temporary appointment of
Chief Justice
97. If the office of the Chief Justice becomes vacant, or if the President is satisfied that the Chief Justice is,
on account of absence, illness, or any other cause, unable to perform the functions of his office, those
functions shall, until some other person has entered upon that office, or until the Chief Justice has resumed
his duties, as the case may be, be performed by the next most senior Judge of the Appellate Division.
Additional Supreme Court
Judges
98. Notwithstanding the provisions of article 94, if the President is satisfied that the number of the Judges of
a division of the Supreme Court should be for the time being increased, the President may appoint one or
more duly qualified persons to be Additional Judges of that division for such period not exceeding two years
as he may specify, or, if he thinks fit, may require a Judge of the High Court Division to sit in the Appellate
Division for any temporary period :
Provided that nothing in this article shall prevent a person appointed as an Additional Judge from being
appointed as a Judge under article 95 or as an Additional Judge for a further period under this article.
bdlaws.minlaw.gov.bd/print_sections_all.php?id=367
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