Judicial control returns to SC, amendments declared unconstitutional

The Supreme Court has regained the authority to oversee the control and discipline of judges across the country. In a verdict delivered on Tuesday, a High Court bench led by Justice Ahmed Sohel and Justice Debashish Roy Chowdhury declared provisions of the 15th and 4th constitutional amendments relating to the transfer, promotion, and discipline of lower court judges unconstitutional.

The ruling came following a prolonged legal battle challenging the validity of Article 116 of the Constitution, which governs judicial control. The final hearing took place on August 13, with the court scheduling today for the verdict.

Advocate Mohammad Shishir Monir, representing the petitioners, argued that the amended provisions compromised judicial independence by granting the executive branch significant influence over judicial appointments and disciplinary matters. The Attorney General, Md. Asaduzzaman, appeared on behalf of the state, while Advocate Ahsanul Karim intervened in the case.

The writ petition was filed last year on behalf of ten lawyers, seeking restoration of the original 1972 Constitution’s Article 116, which vested control and discipline of judicial officers firmly in the Supreme Court. The original article stated that the Supreme Court held exclusive authority over judicial control, whereas the current provision places these responsibilities with the President.

Chief Justice Syed Refaat Ahmed formed the High Court bench to hear the petition earlier this year after the original bench led by Justice Farah Mahbub was dissolved following her appointment to the Appellate Division.

The court’s decision reaffirms the judiciary’s independence by removing executive influence from critical matters like judicial postings, promotions, transfers, and disciplinary actions. This verdict marks a significant milestone in strengthening the separation of powers in the country’s judicial system.