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Jurisdiction of the Supreme Court of Bangladesh: What You Need to Know

The Supreme Court of Bangladesh is the country's highest judicial institution and plays a central role in interpreting the Constitution, reviewing decisions of lower courts, protecting fundamental rights, resolving important legal questions and developing binding principles of law.

Under Article 94 of the Constitution, the Supreme Court of Bangladesh consists of two divisions:

1. The Appellate Division
2. The High Court Division

Although both divisions form part of the same Supreme Court, their jurisdictions are different. The High Court Division has original, appellate, revisional, constitutional and supervisory jurisdiction under the Constitution and other laws. The Appellate Division primarily hears appeals from the High Court Division and also exercises review, advisory and other constitutional powers.

Understanding Supreme Court jurisdiction in Bangladesh is important because a legal dispute cannot simply be brought before whichever court a party prefers. Jurisdiction depends on the Constitution, legislation, the nature of the dispute, the decision being challenged and the legal remedy available.

Legal information notice: This article provides general information about the jurisdiction of the Supreme Court of Bangladesh. It is not individualized legal advice. The appropriate forum, remedy, limitation period and procedure depend on the facts of each case and the current law. Important legal matters should be reviewed against the latest legislation, Supreme Court rules and applicable judgments.

What Does Jurisdiction Mean?

Jurisdiction means the legal authority of a court to hear, determine and decide a particular matter.

A court does not automatically have jurisdiction over every legal dispute.

The Bangladesh Judiciary expressly states that every court in Bangladesh possesses jurisdiction only to the extent granted by the Constitution or legislation.

Jurisdiction can therefore depend on several factors, including:

• The nature of the dispute
• The legal rights involved
• The court that originally decided the matter
• The type of remedy being sought
• The applicable statute
• Constitutional provisions
• Geographic or territorial considerations where relevant
• Monetary or subject-matter requirements where applicable
• Procedural requirements
• Whether another effective legal remedy exists

For Supreme Court litigation, identifying jurisdiction is one of the first questions that should be addressed.

What Is the Jurisdiction of the Supreme Court of Bangladesh?

The Supreme Court's jurisdiction is divided between its two divisions.

Article 101 expressly provides that the High Court Division has original, appellate and other jurisdictions and powers conferred by the Constitution or any other law. Article 103 establishes the appellate jurisdiction of the Appellate Division.

What Is the Jurisdiction of the High Court Division?

The High Court Division has broad jurisdiction.

Article 101 of the Constitution states that it has such original, appellate and other jurisdictions and powers as are conferred by the Constitution or any other law.

The Bangladesh Judiciary identifies several important categories of High Court Division jurisdiction, including:

• Writ jurisdiction
• Company matters
• Admiralty matters
• Civil appeals
• Criminal appeals
• Revisional jurisdiction
• Contempt matters
• Death references
• Other jurisdiction conferred by law

The High Court Division therefore does much more than hear appeals.

What Is Original Jurisdiction of the High Court Division?

Original jurisdiction means jurisdiction in which the High Court Division hears a matter at the initial judicial stage rather than merely reviewing a judgment already issued by a lower court.

Article 101 gives the High Court Division original jurisdiction where that jurisdiction is conferred by the Constitution or another law.

Examples identified by the Bangladesh Judiciary include:

• Writ matters
• Company matters
• Admiralty matters
• Other matters assigned by law

This means that some matters can properly begin in the High Court Division without first being decided by a subordinate court.

What Is Writ Jurisdiction?

One of the most important aspects of the High Court Division's jurisdiction is its constitutional writ jurisdiction under Article 102.

Article 102 permits the High Court Division, on an application by an aggrieved person, to issue appropriate directions or orders for enforcement of fundamental rights contained in Part III of the Constitution.

Article 102 also provides other forms of constitutional relief where its conditions are satisfied.

For example, subject to the constitutional requirements, the High Court Division may:

• Direct a public authority or person to perform a legal duty
• Prevent an unlawful act
• Declare an act or proceeding without lawful authority and of no legal effect
• Enforce specified fundamental rights
• Provide other constitutionally authorized relief

The jurisdiction is particularly important in matters involving governmental and public authorities.

Is Every Administrative Dispute a Writ Case?

No.

The existence of a disagreement with a government authority does not automatically mean that a writ petition is appropriate.

Article 102 contains constitutional requirements, including provisions concerning the availability of another equally efficacious remedy in certain circumstances.

Before filing a writ petition, it may therefore be necessary to consider:

• The legal nature of the dispute
• The public authority involved
• The right allegedly violated
• Whether a fundamental right is involved
• Whether another effective remedy exists
• Whether the action is legally reviewable
• Whether the petitioner is an aggrieved person
• Whether the constitutional requirements are satisfied

The appropriate remedy should be determined from the Constitution, legislation and relevant judicial decisions.

What Is Appellate Jurisdiction of the High Court Division?

The High Court Division also hears appeals from subordinate courts and tribunals where jurisdiction is provided by law.

The Bangladesh Judiciary identifies appellate jurisdiction arising from decisions of various courts and forums, including:

• District Judges
• Joint District Judges
• Sessions Judges
• Special Tribunals
• Special Judges
• Artha Rin Adalats
• Druto Bichar Tribunals
• Bankruptcy Courts

The exact availability of an appeal depends on the legislation governing the particular proceeding.

Therefore, not every decision of every lower court automatically creates an appeal to the High Court Division.

What Is Revisional Jurisdiction?

Revision is a legal remedy distinct from an ordinary appeal.

Revisional jurisdiction allows a superior court to intervene in circumstances provided by the applicable law.

The High Court Division exercises revisional powers under various statutory provisions.

Revision may become relevant where a party alleges a particular legal, jurisdictional or procedural defect that falls within the applicable revisional provision.

A party should therefore determine whether the law provides an appeal, revision, review or another remedy rather than using these terms interchangeably.

What Is the Supervisory Jurisdiction of the High Court Division?

The High Court Division has an important constitutional supervisory role over subordinate courts and tribunals.

Article 109 provides:

“The High Court Division shall have superintendence and control over all courts and tribunals subordinate to it.”

This means the High Court Division is not merely an appellate forum. It also exercises constitutional supervision over the subordinate judiciary within the scope of Article 109.

This supervisory jurisdiction is an important part of the constitutional structure of Bangladesh's judiciary.

Can the High Court Division Transfer a Case From a Subordinate Court?

Yes, Article 110 provides a specific constitutional mechanism for certain cases.

Where the High Court Division is satisfied that a case pending before a subordinate court involves:

• A substantial question of law concerning interpretation of the Constitution; or
• A point of general public importance,

and determination of that issue is necessary for disposal of the case, the High Court Division may withdraw the case from the subordinate court.

The High Court Division may then either dispose of the case itself or determine the relevant question of law and return or transfer the case with its judgment on that issue.

What Is the Jurisdiction of the Appellate Division?

The Appellate Division has the highest appellate jurisdiction within the Supreme Court structure.

Article 103(1) provides that the Appellate Division has jurisdiction to hear and determine appeals from judgments, decrees, orders or sentences of the High Court Division.

Its jurisdiction therefore generally arises after a matter has been decided by the High Court Division.

However, the Constitution distinguishes between:

• Appeals that lie as of right
• Appeals that require leave to appeal

This distinction is extremely important.

When Does an Appeal to the Appellate Division Lie as of Right?

Article 103(2) identifies circumstances in which an appeal from the High Court Division lies as of right.

These include cases where the High Court Division:

1. Certifies that the case involves a substantial question of law concerning interpretation of the Constitution;
2. Has confirmed a sentence of death;
3. Has sentenced a person to death or imprisonment for life;
4. Has imposed punishment for contempt of the High Court Division;
5. Falls within another category provided by an Act of Parliament.

This means that not every High Court Division decision automatically creates a right of appeal to the Appellate Division.

When Is Leave to Appeal Required?

Article 103(3) provides that where a case does not fall within the categories specified in Article 103(2), an appeal from a High Court Division judgment, decree, order or sentence lies only if the Appellate Division grants leave to appeal.

In practical terms, this creates two broad categories:

Appeal as of right: The Constitution or applicable law gives the party a direct right of appeal.

Appeal by leave: The party must first obtain permission from the Appellate Division.

This distinction can be decisive when planning litigation after a High Court Division judgment.

What Is the Appellate Division's Power to Do Complete Justice?

Article 104 gives the Appellate Division power to issue directions, orders, decrees or writs necessary for doing complete justice in a cause or matter pending before it.

The constitutional provision also refers to powers concerning matters such as:

• Securing attendance of persons
• Discovery of documents
• Production of documents
• Other directions necessary for complete justice

This is an important constitutional power of the Appellate Division.

Does the Appellate Division Have Review Jurisdiction?

Yes.

Article 105 provides that the Appellate Division has power, subject to applicable legislation and its rules, to review any judgment pronounced or order made by it.

This is different from an ordinary appeal.

An appeal generally asks a higher court to review a decision of another court.

A review under Article 105 concerns reconsideration by the Appellate Division of its own judgment or order within the legally permitted framework.

Does the Supreme Court Have Advisory Jurisdiction?

Yes, but this constitutional advisory jurisdiction belongs to the Appellate Division.

Article 106 provides that where the President considers that a question of law has arisen or is likely to arise and that the question is of such a nature and public importance that obtaining the Supreme Court's opinion is expedient, the President may refer the question to the Appellate Division.

The Appellate Division may then hear the matter and report its opinion to the President.

This is different from ordinary litigation between opposing parties.

What Is the Difference Between High Court and Appellate Division Jurisdiction?

The simplest distinction is:

The constitutional framework for these distinctions is found principally in Articles 101 to 111.

What Is the Territorial Jurisdiction of the Supreme Court?

The Supreme Court's constitutional jurisdiction operates within the constitutional and statutory framework of Bangladesh.

Unlike ordinary trial-level questions concerning territorial jurisdiction, Supreme Court jurisdiction is primarily determined by the Constitution and relevant legislation.

For example, Article 102 specifies the constitutional jurisdiction of the High Court Division, while Article 103 governs appeals to the Appellate Division.

Therefore, a party should not assume that simply because an event occurred in a particular district, the matter can automatically be filed in the Supreme Court.

The nature of the proceeding and the source of jurisdiction must first be identified.

What Is Subject-Matter Jurisdiction?

Subject-matter jurisdiction concerns whether a particular court has legal authority over the type of dispute involved.

For example, the High Court Division has specifically recognized jurisdiction in areas including:

• Constitutional matters
• Writ proceedings
• Company matters
• Admiralty matters
• Civil appeals
• Criminal appeals
• Revisional matters
• Contempt proceedings
• Death references

The Bangladesh Judiciary expressly identifies these categories in its official jurisdiction guidance.

Specialized legislation may also affect the route through which a particular dispute reaches the High Court Division.

What Is Constitutional Jurisdiction?

Constitutional jurisdiction concerns powers exercised directly under the Constitution.

For the High Court Division, Article 102 is particularly important because it provides constitutional mechanisms for enforcing fundamental rights and reviewing certain unlawful actions.

The High Court Division also has powers under Articles 109 and 110 concerning supervision of subordinate courts and withdrawal of certain cases.

The Appellate Division exercises constitutional jurisdiction in areas including appellate jurisdiction under Article 103, complete-justice powers under Article 104, review under Article 105 and advisory jurisdiction under Article 106.

What Is the Supreme Court's Jurisdiction Over Subordinate Courts?

The High Court Division has constitutional superintendence and control over subordinate courts and tribunals under Article 109.

The Supreme Court's role therefore extends beyond deciding individual appeals.

Its constitutional position also helps maintain:

• Judicial consistency
• Procedural legality
• Constitutional compliance
• Proper exercise of jurisdiction by lower courts
• Development of authoritative legal principles

The High Court Division exercises the direct constitutional supervisory function under Article 109.

What Is the Binding Effect of Supreme Court Decisions?

Article 111 of the Constitution is particularly important.

It provides that:

The law declared by the Appellate Division is binding on the High Court Division.

It also provides that:

The law declared by either division of the Supreme Court is binding on all courts subordinate to it.

This creates a constitutional foundation for binding judicial precedent in Bangladesh.

For legal research, this means that identifying the relevant statutory provision may not be enough. Lawyers and researchers should also examine authoritative Supreme Court decisions interpreting that provision.

Can the High Court Division Ignore an Appellate Division Decision?

No.

Article 111 expressly makes the law declared by the Appellate Division binding on the High Court Division.

The High Court Division must therefore follow binding principles declared by the Appellate Division unless the legal framework changes or the Appellate Division itself subsequently changes the relevant law.

This is one of the most important aspects of Supreme Court jurisdiction and precedent in Bangladesh.

What Is the Supreme Court's Jurisdiction in Civil Matters?

Civil matters can reach the Supreme Court through several routes.

The High Court Division may exercise:

• Civil appellate jurisdiction
• Civil revisional jurisdiction
• Original jurisdiction in matters assigned by law
• Constitutional jurisdiction where the requirements are satisfied

The Appellate Division may subsequently hear an appeal from the High Court Division where Article 103 or another applicable law permits it.

The precise route depends on the nature of the civil dispute and the statute governing the proceeding.

What Is the Supreme Court's Jurisdiction in Criminal Matters?

The Supreme Court also has important criminal jurisdiction.

The High Court Division may hear:

• Criminal appeals
• Criminal revisions
• Death references
• Other criminal matters assigned by law

The Appellate Division may hear appeals from the High Court Division under Article 103.

The Constitution specifically identifies certain death and life-imprisonment matters among those where an appeal lies as of right.

The exact appellate or revisional route must nevertheless be determined from the applicable criminal law and procedure.

What Is a Death Reference?

A death reference is a specialized criminal proceeding involving a sentence of death and forms part of the High Court Division's criminal jurisdiction.

The Bangladesh Judiciary expressly lists death references among the categories of High Court Division work.

Death-penalty proceedings therefore have a distinctive constitutional and procedural structure.

Article 103 also gives special significance to certain death and life-imprisonment cases when determining whether an appeal to the Appellate Division lies as of right.

What Is Contempt Jurisdiction?

The Supreme Court is a court of record under Article 108 and has powers relating to contempt of itself, subject to law.

The High Court Division also exercises contempt jurisdiction.

Article 103 specifically identifies punishment imposed by the High Court Division for contempt as one of the circumstances in which an appeal to the Appellate Division lies as of right.

Contempt proceedings are therefore another area in which the jurisdiction of the two divisions interacts.

Can the Supreme Court Review Its Own Decisions?

The answer depends on which division is involved.

The Appellate Division has an express constitutional power under Article 105 to review its own judgments or orders, subject to applicable legislation and rules.

For other matters, the availability and scope of review depend on the applicable legal framework and Supreme Court rules.

Review should not be confused with an ordinary appeal.

Can the Supreme Court Transfer Cases?

The Constitution specifically provides a transfer mechanism for the High Court Division under Article 110.

Where the constitutional requirements are satisfied, the High Court Division may withdraw a case pending in a subordinate court involving a substantial constitutional question or a point of general public importance necessary for disposal of the case.

This is different from an ordinary appeal because the High Court Division can become involved before the subordinate court has finally disposed of the matter.

What Is the Difference Between Jurisdiction and Power?

These concepts are related but should not be treated as identical.

Jurisdiction concerns the legal authority of a court to hear and determine a matter.

Power concerns what the court is legally authorized to do once exercising jurisdiction.

For example, Article 101 defines the broad jurisdiction of the High Court Division, while Article 102 provides specific constitutional powers to issue directions and orders.

Similarly, Article 103 establishes Appellate Division jurisdiction, while Article 104 provides powers necessary for doing complete justice in a matter pending before it.

Can a Person Choose Between the High Court Division and Appellate Division?

Generally, no.

A litigant cannot simply choose the division considered more favorable.

The proper forum depends on:

1. The nature of the dispute
2. The court that previously decided the matter, if any
3. The legal remedy available
4. The constitutional provision involved
5. The applicable statute
6. Whether an appeal lies as of right
7. Whether leave to appeal is required
8. Whether writ jurisdiction is available
9. Whether revision is available
10. Applicable procedural rules and limitation requirements

This is why determining jurisdiction should normally happen before filing proceedings.

Practical Example: Administrative Decision

Suppose a public authority makes a decision that an affected person believes is unlawful.

The person cannot automatically file an appeal to the Appellate Division.

The first question may be whether the matter falls within the constitutional jurisdiction of the High Court Division under Article 102 or another statutory remedy.

If an Article 102 proceeding is appropriate, the matter begins in the High Court Division.

A subsequent challenge may reach the Appellate Division if the constitutional and procedural requirements for an appeal are satisfied.

Practical Example: High Court Division Judgment

Suppose the High Court Division issues a judgment in a civil or constitutional matter.

The losing party cannot automatically assume that an appeal to the Appellate Division is available as of right.

The party must examine Article 103 and any relevant legislation.

If the matter falls within Article 103(2), an appeal may lie as of right.

If it does not, Article 103(3) generally requires the Appellate Division to grant leave to appeal.

Practical Example: Subordinate Court Case

Suppose a dispute is pending before a subordinate court and raises a substantial question concerning interpretation of the Constitution.

If the conditions of Article 110 are satisfied, the High Court Division may withdraw the case from the subordinate court.

It may either determine the case itself or decide the constitutional question and return the case with its judgment on that question.

This illustrates that High Court Division jurisdiction can arise even before the ordinary lower-court process has reached its conclusion.

How Does Supreme Court Jurisdiction Work in a Typical Case?

A simplified pathway can be represented as:

Subordinate Court or Tribunal

↓

High Court Division, where an appeal, revision, writ, original proceeding or other lawful jurisdiction applies

↓

Appellate Division, where an appeal is available as of right or leave to appeal is granted

However, this is only a simplified model.

Some cases begin directly in the High Court Division.

Some cases may terminate at the High Court Division.

Some matters may involve review or other special procedures.

The correct route must therefore be determined from the applicable law.

What Should You Check Before Approaching the Supreme Court?

Before starting proceedings, consider:

1. Identify the Legal Issue

Determine exactly what legal right, duty, decision or dispute is involved.

2. Identify the Previous Court

If challenging an existing judgment, identify which court issued it.

3. Identify the Available Remedy

Determine whether the appropriate remedy is:

• Appeal
• Revision
• Review
• Writ petition
• Original proceeding
• Another statutory remedy

4. Identify the Correct Division

Determine whether the matter falls within the High Court Division or Appellate Division.

5. Check Leave Requirements

If approaching the Appellate Division, determine whether the case requires leave to appeal under Article 103.

6. Check Limitation

Determine whether the relevant law or rules prescribe a time limit.

7. Review the Evidence and Record

An appellate or constitutional proceeding may depend heavily on the existing court record and legal documents.

8. Check Alternative Remedies

Particularly in constitutional litigation, determine whether another equally efficacious remedy is available where relevant under Article 102.

9. Check Supreme Court Rules

The Supreme Court has rules governing practice and procedure for its divisions. Article 107 also provides constitutional authority for Supreme Court rules regulating practice and procedure.

10. Obtain Professional Legal Advice

Supreme Court proceedings can involve highly technical constitutional and procedural requirements. A qualified advocate should assess the case before filing.

Frequently Asked Questions About Supreme Court Jurisdiction in Bangladesh

What is the jurisdiction of the Supreme Court of Bangladesh?

The Supreme Court consists of the High Court Division and Appellate Division. Their jurisdictions are determined principally by the Constitution and legislation. The High Court Division has original, appellate, revisional and constitutional jurisdiction, while the Appellate Division primarily hears appeals from the High Court Division and has additional constitutional powers.

What is Article 101 of the Bangladesh Constitution?

Article 101 provides that the High Court Division has original, appellate and other jurisdictions and powers conferred by the Constitution or other law.

What is Article 102?

Article 102 establishes important constitutional powers of the High Court Division, including enforcement of fundamental rights and other forms of constitutional relief subject to its requirements.

What is Article 103?

Article 103 governs the appellate jurisdiction of the Appellate Division over judgments, decrees, orders and sentences of the High Court Division. It also distinguishes appeals as of right from appeals requiring leave.

What is Article 104?

Article 104 gives the Appellate Division power to issue directions, orders, decrees or writs necessary for doing complete justice in a matter pending before it.

What is Article 105?

Article 105 provides the Appellate Division with power to review its own judgments or orders, subject to applicable legislation and rules.

What is Article 106?

Article 106 provides the constitutional advisory jurisdiction under which the President may refer certain questions of law of public importance to the Appellate Division.

What is Article 109?

Article 109 gives the High Court Division superintendence and control over courts and tribunals subordinate to it.

What is Article 110?

Article 110 provides a mechanism for the High Court Division to withdraw certain cases from subordinate courts where the constitutional conditions specified in the Article are satisfied.

What is Article 111?

Article 111 establishes the binding effect of Supreme Court precedent. The law declared by the Appellate Division binds the High Court Division, while the law declared by either division binds subordinate courts.

Can I file a writ petition directly in the Appellate Division?

The general constitutional writ jurisdiction under Article 102 belongs to the High Court Division. A matter may subsequently reach the Appellate Division through an appeal where the constitutional and procedural requirements are satisfied.

Does every High Court Division judgment go to the Appellate Division?

No. Whether further appeal is available depends on Article 103 and applicable legislation. Some appeals lie as of right, while other cases require leave to appeal.

Which division has supervisory control over subordinate courts?

The High Court Division has superintendence and control over subordinate courts and tribunals under Article 109.

Which division is the highest appellate court?

The Appellate Division is the highest appellate division of the Supreme Court of Bangladesh. Its declared law is binding on the High Court Division.

Conclusion

The jurisdiction of the Supreme Court of Bangladesh is divided between two constitutionally distinct divisions: the High Court Division and the Appellate Division.

The High Court Division has extensive jurisdiction. It can hear certain matters in its original jurisdiction, entertain writ petitions under Article 102, hear appeals and revisions from subordinate courts and tribunals, exercise supervisory control under Article 109 and deal with other matters assigned to it by the Constitution and legislation.

The Appellate Division principally exercises the country's highest appellate jurisdiction. Under Article 103, it hears appeals from the High Court Division, with some appeals lying as of right and others requiring leave. It also has the constitutional powers of review, complete justice and advisory jurisdiction under Articles 104 to 106.

The most important practical lesson is that jurisdiction determines the proper legal route.

A person facing a legal dispute should therefore determine not only whether a legal right has been violated, but also which court has jurisdiction, what remedy is available, whether an appeal or leave is required, whether an alternative remedy exists and which procedural rules apply.

For serious litigation, particularly constitutional cases, appeals, revisions and Supreme Court proceedings, professional legal advice should be obtained before filing.