Article 105 Review of Appellate Division judgments
Review of judgments or orders by Appellate Division
Review offers a final safety valve against error at the top of the legal system. Recent review decisions have reshaped how judges are removed and how elections are run.
The Appellate Division delivers its judgment in an appeal. Normally that is the end of the road, because there is no higher court to appeal to, and the law it declares binds all other courts in the country under Article 111.
A party who believes the judgment contains a serious error files a review petition within the time allowed by the Division's rules. The petition must point to a recognised ground, not merely disagree with the result.
Usually the same bench, or a bench of similar strength, hears the review. It decides whether there is a real error requiring correction, or whether the petition is just an attempt to reopen the arguments.
The court may dismiss the review, dispose of it with observations, or grant leave and reconsider the case. In October 2024 the 16th Amendment review was disposed of, and in November 2025 the Division set aside its own 2011 caretaker judgment, as reported.
In plain English
How Article 105 works
Article 105 lets the Appellate Division look again at its own judgments and orders. Because the Appellate Division is the highest court, there is no further appeal, so review is the last chance to correct a serious mistake. The power is subject to any Act of Parliament and to the Division's own rules, which keep review narrow. A review is not a second appeal: the losing party cannot simply reargue the case. The petitioner usually has to show an error apparent on the face of the record or another weighty ground. Review cases are rare, but some have had major constitutional consequences.
In practice
Review under Article 105 is uncommon, but two recent matters show its importance. On 20 October 2024 a six-member bench led by the Chief Justice disposed of the state's review of the 2017 judgment striking down the Sixteenth Amendment, confirming the Supreme Judicial Council's role in removing judges. In 2025 review petitions against the 2011 judgment that had declared the Thirteenth Amendment invalid led the Division to grant leave on 27 August 2025 and, on 20 November 2025, to declare that judgment invalid and restore the caretaker government system, as reported. These cases show that review can reopen even long-settled constitutional questions.
The text
What Article 105 says
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.
English text as published on the official Laws of Bangladesh website. Where a court has changed the position, the status note above explains it.
Landmark cases
How the courts have read it
Appellate Division · 2024
Review of the 16th Amendment judgment (Government of Bangladesh v Advocate Asaduzzaman Siddiqui)
On 20 October 2024 the Appellate Division disposed of the government's review petition with observations, leaving the 2017 judgment intact and returning the power to inquire into judges' conduct to the Supreme Judicial Council.
Appellate Division · 2025
Caretaker government (Thirteenth Amendment) appeal and review petitions
On 20 November 2025, after granting leave against its own 2011 judgment, a full bench declared that judgment invalid and upheld the Thirteenth Amendment, restoring the caretaker system, as reported.
Case summaries are short descriptions for orientation, not a substitute for the judgment.
History
Amendments
- Fifteenth Amendment 2011Chapter 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 105: frequently asked questions
Can the Appellate Division review its own judgment?
Yes. Article 105 gives the Appellate Division power to review any judgment or order it has made, subject to Acts of Parliament and its own rules. Review is narrow and is not a second appeal; the petitioner must show a serious error or another recognised ground.
What happened in the 16th Amendment review case?
On 20 October 2024 the Appellate Division disposed of the government's review petition against its 2017 judgment declaring the Sixteenth Amendment void. The result was that the Supreme Judicial Council again has the power to inquire into the conduct of Supreme Court judges under Article 96.
Sources
- Laws of Bangladesh: Constitution, Article 105 (bdlaws section page)
- Dhaka Tribune: Appellate Division disposes of 16th Amendment review; removal power returns to SJC (20 October 2024)
- Dhaka Tribune: SC: Judges' independence was at stake under 16th Amendment (full review judgment, 5 June 2025)
- Jago News: SC restores caretaker government system (20 November 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.
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