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Constitution of the People’s Republic of Bangladesh
Review of judgments or
orders by Appellate Division
105. The Appellate Division shall have power, subject to the provisions of any Act of Parliament and of any
rules made by that division to review any judgment pronounced or order made by it.
106. If at any time it appears to the President that a question of law has arisen, or is likely to arise, which
is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme
Court upon it, he may refer the question to the Appellate Division for consideration and the division may,
after such hearing as it thinks fit, report its opinion thereon to the President.
107. (1) Subject to any law made by Parliament the Supreme Court may, with the approval of the President,
make rules for regulating the practice and procedure of each division of the Supreme Court and of any court
subordinate to it.
(2) The Supreme Court may delegate any of its functions under clause (1) and article 113 and 116 to a
division of that Court or to one or more judges.
(3) Subject to any rules made under this article the Chief Justice shall determine which judges are to
constitute any Bench of a division of the Supreme Court and which judges are to sit for any purpose.
(4) The Chief Justice may authorise the next most senior judge of either division of the Supreme Court to
exercise in that division any of the powers conferred by clause (3) or by rules made under this article.
108. The Supreme Court shall be a court of record and shall have all the powers of such a court including
the power subject to law to make an order for the investigation of or punishment for any contempt of itself.
109. The High Court Division shall have superintendence and control over all courts and tribunals subordinate
to it.
Advisory jurisdiction of
Supreme Court
Rulemaking power of the
Supreme Court
Supreme Court as court of
record
Superintendence and control
over courts
110. If the High Court Division is satisfied that a case pending in a court subordinate to it involves a
substantial question of law as to the interpretation of this Constitution, or on a point of general public
importance, the determination of which is necessary for the disposal of the case, it shall withdraw the case
from that court and may –
Transfer of cases from
subordinate courts to High
Court Division
(a) either dispose of the case itself ; or
(b) determine the question of law and return the case to the court from which it has been so withdrawn (or
transfer it to another subordinate court) together with a copy of the judgment of the division on such
question, and the court to which the case is so returned or transferred shall, on receipt thereof, proceed to
dispose of the case in conformity with such judgment.
Binding effect of Supreme
Court judgments
111. The law declared by the Appellate Division shall be binding on the High Court Division and the law
declared by either division of the Supreme Court shall be binding on all courts subordinate to it.
112. All authorities, executive and judicial, in the Republic shall act in aid of the Supreme Court.
113. (1) Appointments of the staff of the Supreme Court shall be made by the Chief Justice or such other
judge or officer of that court as he may direct, and shall be made in accordance with rules made with the
previous approval of the President by the Supreme Court.
(2) Subject to the provisions of any Act of Parliament the conditions of service of members of the staff of
the Supreme Court shall be such as may be prescribed by rules made by that court.]
Action in aid of Supreme
Court
Staff of Supreme Court
CHAPTER II
SUBORDINATE COURTS
Establishment of subordinate
courts
114. There shall be in addition to the Supreme Court such courts subordinate thereto as may be established
by law.
Appointments to subordinate
courts
64
[ 115. Appointments of persons to offices in the judicial service or as magistrates exercising judicial
functions shall be made by the President in accordance with rules made by him in that behalf.]
Control and discipline of
subordinate courts
65
[ 116. 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.]
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