Article 110 Transfer of constitutional cases to the High Court
Transfer of cases from subordinate courts to High Court Division
Constitutional questions should be settled by the higher court, not by many trial courts reaching different answers. This keeps the law consistent for everyone.
A civil or criminal case is being heard in a district or sessions court. During the case, a party argues that a law or official action relied on is unconstitutional, or a point of wide public importance arises.
The question is not minor: deciding it is necessary to dispose of the case, and it involves interpreting the Constitution or a matter of general public importance. The issue comes to the High Court Division's attention, often on an application by a party.
Once satisfied that the conditions are met, the High Court Division must withdraw the case from the lower court. It then chooses whether to decide the entire case itself or only the question of law.
If it decides only the question of law, the Division returns the case, or transfers it to another lower court, with a copy of its judgment. That court must then finish the case in conformity with the High Court's ruling.
In plain English
How Article 110 works
Article 110 lets the High Court Division take over important cases from lower courts. If a case pending in a subordinate court involves a substantial question of law about interpreting the Constitution, or a point of general public importance, and that question must be decided to dispose of the case, the High Court Division must withdraw the case. It then has two options. It can decide the whole case itself. Or it can decide only the question of law and send the case back, or to another lower court, with a copy of its judgment. The lower court must then decide the case in line with that judgment.
In practice
Article 110 is used less often than writ petitions, because constitutional challenges usually go directly to the High Court Division under Article 102. It remains important where a constitutional or public-importance question arises in the middle of an ordinary trial or suit. The mandatory wording, "shall withdraw", means that once the conditions are met the Division must act. The article works together with Article 111, which makes the law declared by the Supreme Court binding on all lower courts, and Article 109, which gives the Division superintendence over them.
The text
What Article 110 says
110. If the High Court Division is satisfied that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of this Constitution, or on a point of general public importance, the determination of which is necessary for the disposal of the case, it shall withdraw the case from that court and may –
(a) either dispose of the case itself ; or
(b) determine the question of law and return the case to the court from which it has been so withdrawn (or transfer it to another subordinate court) together with a copy of the judgment of the division on such question, and the court to which the case is so returned or transferred shall, on receipt thereof, proceed to dispose of the case in conformity with such judgment.
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 110: frequently asked questions
Can a case be moved from a lower court to the High Court in Bangladesh?
Yes. Under Article 110, if a pending case involves a substantial question of constitutional interpretation, or a point of general public importance whose determination is necessary to decide it, the High Court Division must withdraw the case and either decide it or decide the question and return it.
What happens after the High Court decides the question of law?
The High Court Division returns the case to the original court, or transfers it to another subordinate court, with a copy of its judgment. That court must then dispose of the case in conformity with the High Court Division's judgment on the question of law.
Sources
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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