Published : 08 Apr 2026, 03:18 AM
Updated : 21 Aug 2026, 03:34 PM
The High Court (HC) has released the full text of a 185-page verdict, ordering the establishment of a separate, independent secretariat for the Supreme Court (SC) within three months and restoring its authority over the subordinate courts.
The verdict, given by the bench of Justice Ahmed Sohel and Justice Debasish Roy Chowdhury, was published on Tuesday, striking down the amendments to Article 116 of the Constitution.
The ruling mandates that the control and discipline of lower court judges be returned to the SC, as originally outlined in the 1972 Constitution.
The court declared the amendments made to Article 116 via the Fourth Amendment in 1975 and the 15th Amendment in 2011 as unconstitutional and contradictory to the spirit of the state’s fundamental laws.
Under the now-restored 1972 provision, the power to determine the workplace, promotions, and leaves of judicial officers and magistrates will rest solely with the SC.
"As a result of this verdict, the control of the lower courts will be vested in the Supreme Court, not the President," said Mohammad Shishir Manir, counsel for the petitioners.
The HC directed the government to establish an independent secretariat for the SC.
This process must be completed within 90 days of the verdict’s release.
The court also scrapped the Government Judicial Service (Discipline) Rules 2017, declaring them inconsistent with the Constitution.
The bench noted that Article 116 would "automatically revive" to its 1972 form, citing precedents set by the 8th and 16th Amendment cases.
The legal challenge began on Aug 25, 2024, when seven lawyers filed a writ petition questioning the validity of Article 116 and the 2017 disciplinary rules.
Following a preliminary hearing, the HC issued a rule on Oct 27, 2024.
After a final hearing, a summary judgement was delivered on Sept 2 last year.
