Article 101 Jurisdiction of the High Court Division
Jurisdiction of High Court Division
Knowing which matters start in the High Court Division and which reach it on appeal helps citizens and companies choose the right forum and avoid costly delays.
Some of the High Court Division's powers come directly from the Constitution. These include writ jurisdiction under Article 102, superintendence of lower courts under Article 109 and the power to withdraw important constitutional cases from lower courts under Article 110.
Parliament can give the High Court Division further jurisdiction by statute. Laws send certain kinds of cases, such as company and admiralty matters and election petitions, directly to the Division, and provide for appeals and revisions from lower courts and tribunals.
A party who loses in a district court or sessions court can often appeal to the High Court Division, or ask it to revise the decision. The Division also confirms or rejects death sentences passed by sessions courts before they can be carried out.
In matters where a law gives the Division original jurisdiction, the case starts there rather than in a lower court. A single judge or a bench hears evidence and arguments, and its decision can then be taken to the Appellate Division under Article 103.
In plain English
How Article 101 works
Article 101 is a short gateway clause. It says the High Court Division has whatever original, appellate and other powers the Constitution or any other law gives it. Some powers come straight from the Constitution, such as writ jurisdiction under Article 102, supervision of lower courts under Article 109 and the power to take over cases under Article 110. Many others come from ordinary laws passed by Parliament, which send certain cases directly to the High Court Division or allow appeals and revisions from district courts and tribunals. Parliament can therefore widen or adjust the Division's work by statute, but it cannot take away the powers the Constitution itself confers.
In practice
Article 101 itself is rarely litigated, but it explains why the High Court Division handles such varied work. Alongside its constitutional writ jurisdiction, statutes give it original jurisdiction in matters such as companies, admiralty and parliamentary election petitions, and appellate and revisional jurisdiction over civil and criminal courts. Death sentences passed by sessions judges come to it for confirmation. Because these powers depend on the Constitution or other laws, the Division cannot invent new jurisdiction for itself, and arguments about whether a statute has properly conferred or excluded jurisdiction are common in practice.
The text
What Article 101 says
101. The High Court Division shall have such original, appellate and other jurisdictions and powers as are conferred on it by this Constitution or any other law.
English text as published on the official Laws of Bangladesh website. Where a court has changed the position, the status note above explains it.
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 101: frequently asked questions
What is the jurisdiction of the High Court Division?
Under Article 101 the High Court Division has the original, appellate and other jurisdictions and powers conferred by the Constitution or any other law. That includes writ jurisdiction under Article 102, supervision of lower courts, appeals and revisions, death reference cases, and original matters such as company and admiralty cases.
Can Parliament change the High Court Division's powers?
Parliament can add to the High Court Division's jurisdiction by ordinary law, for example by sending new kinds of cases to it. It cannot remove powers that the Constitution itself confers, such as writ jurisdiction under Article 102, without amending the Constitution, and such amendments remain subject to basic structure review.
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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