Article 97 Acting Chief Justice
Temporary appointment of Chief Justice
The Chief Justice allocates benches and leads the courts, so a gap could stall cases. Article 97 keeps the courts running with a neutral seniority rule.
The Chief Justice retires, resigns, falls ill or travels abroad. Without a rule to fill the gap, nobody could constitute benches or exercise the other powers that the Constitution and the court's rules give to the Chief Justice.
Where the Chief Justice is absent or unwell rather than gone, Article 97 applies once the President is satisfied that the Chief Justice cannot perform the functions of the office. A vacancy, by contrast, triggers the rule automatically.
The next most senior judge of the Appellate Division then performs the Chief Justice's functions. Seniority, not choice, decides who acts, so the interim leadership of the court does not depend on the preferences of the government of the day.
The arrangement ends when a new Chief Justice is appointed under Article 95 and takes the oath, or when the existing Chief Justice resumes duties. The acting judge then returns to his or her usual place in the Appellate Division.
In plain English
How Article 97 works
Article 97 makes sure the Supreme Court is never without a leader. If the office of Chief Justice falls vacant, or if the President is satisfied that the Chief Justice cannot perform the job because of absence, illness or any other reason, the next most senior judge of the Appellate Division automatically carries out the Chief Justice's functions. That arrangement lasts until a new Chief Justice takes office or the existing Chief Justice returns to work. The rule is based purely on seniority, so it leaves no room for the government to pick a favoured judge for the interim period.
In practice
Article 97 is used whenever there is a gap between one Chief Justice and the next, and during absences such as foreign travel or illness. It matters because the Chief Justice controls the constitution of benches under Article 107 and plays a central role in appointments under Article 95 and in the Supreme Judicial Council under Article 96. The seniority rule in Article 97 contrasts with Article 95(1), which leaves the choice of a permanent Chief Justice to the President. In the July 2025 consensus talks, parties agreed in principle that the President should appoint the Chief Justice from the Appellate Division, with seniority debated; that remains a pending proposal.
The text
What Article 97 says
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.
English text as published on the official Laws of Bangladesh website. The Bangla text is authoritative (Article 153). Where a court has changed the position, the status note above explains it.
History
Amendments
- Fifteenth Amendment 2011 →Chapter I of Part VI (Articles 94 to 113) was substituted by section 31 of the Constitution (Fifteenth Amendment) Act, 2011, as noted on bdlaws.
Connected provisions
Related articles
Questions
Article 97: frequently asked questions
Who acts as Chief Justice of Bangladesh when the post is vacant?
Under Article 97 the next most senior judge of the Appellate Division performs the functions of the Chief Justice until a new Chief Justice enters office. The same applies if the President is satisfied that the Chief Justice is unable to act because of absence, illness or another cause.
Is the senior-most judge always made Chief Justice in Bangladesh?
No. Article 97 uses seniority only for the temporary role. A permanent Chief Justice is appointed by the President under Article 95(1), which does not require seniority. A 2025 consensus proposal to require appointment from the Appellate Division, possibly by seniority, has not been enacted.
Sources
- Laws of Bangladesh: Constitution, Article 97 (bdlaws section page)
- The Business Standard: Consensus on two issues regarding chief justice's appointment (10 July 2025)
- bdnews24: National Consensus Commission dialogue on Chief Justice appointment and emergency (14 July 2025)
This guide explains the Constitution for general understanding. It is not legal advice. Constitutional reform proposals under discussion in 2026 are described as proposals until enacted.
Constitutional and writ practice
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