Article 107 Rule-making power and benches of the Supreme Court
Rule-making power of the Supreme Court
Who sits on which bench, and under what procedural rules, can shape the speed and outcome of cases. These powers are central to the court's day-to-day independence.
The Supreme Court drafts rules on how cases are filed, heard and decided in each division and in lower courts. These rules must fit within laws made by Parliament, and they need the President's approval before taking effect.
The President approves the rules, which are then published and applied. This shared process lets judges design their own procedure while keeping a check from the executive on rules that affect lawyers, litigants and the wider justice system.
The Chief Justice decides which judges will form each bench and what kinds of cases each bench will hear. This roster is reissued from time to time, for example when benches are reconstituted or new judges join.
A writ, appeal or motion is listed before the bench that has jurisdiction under the roster. If the bench is dissolved, the Chief Justice can assign the case to a new one, as happened in the Article 116 case in April 2025.
In plain English
How Article 107 works
Article 107 lets the Supreme Court run its own procedure. Subject to laws made by Parliament, and with the President's approval, the Supreme Court can make rules on practice and procedure for each of its divisions and for the courts below it. It may delegate those functions, and its functions over staff and lower courts, to a division or to individual judges. Clause (3) gives the Chief Justice an important power: deciding which judges sit on which bench and for what purpose. The Chief Justice may authorise the next most senior judge of either division to exercise that power within that division.
In practice
The Supreme Court's procedure is set by rules made under Article 107, including separate rules for the High Court Division and the Appellate Division. The Chief Justice's power over benches under clause (3) is among the most significant administrative powers in the judiciary, because it decides which judges hear politically sensitive cases. A concrete example is the Article 116 writ: after the original bench was dissolved when its senior judge was elevated to the Appellate Division in March 2025, the Chief Justice formed a new bench on 20 April 2025, which delivered the judgment in September 2025, as reported.
The text
What Article 107 says
107. (1) Subject to any law made by Parliament the Supreme Court may, with the approval of the President, make rules for regulating the practice and procedure of each division of the Supreme Court and of any court subordinate to it.
(2) The Supreme Court may delegate any of its functions under clause (1) and article 113 and 116 to a division of that Court or to one or more judges.
(3) Subject to any rules made under this article the Chief Justice shall determine which judges are to constitute any Bench of a division of the Supreme Court and which judges are to sit for any purpose.
(4) The Chief Justice may authorise the next most senior judge of either division of the Supreme Court to exercise in that division any of the powers conferred by clause (3) or by rules made under this article.
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 107: frequently asked questions
Who decides which judges hear a case in Bangladesh?
Under Article 107(3), subject to the court's rules, the Chief Justice decides which judges form each bench of a division and which judges sit for any purpose. The Chief Justice may authorise the next most senior judge of either division to exercise this power in that division.
Who makes the procedural rules of the Supreme Court of Bangladesh?
The Supreme Court itself, under Article 107(1). Subject to laws made by Parliament, and with the President's approval, it makes rules on practice and procedure for each division and for the courts subordinate to it. It may delegate these functions to a division or to individual judges.
Sources
- Laws of Bangladesh: Constitution, Article 107 (bdlaws section page)
- The Business Standard: HC restores SC authority over lower court judges, orders separate secretariat in 3 months (2 September 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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