Article 109 High Court supervision of lower courts
Superintendence and control over courts
Most people meet the justice system in the lower courts. Effective supervision by the High Court Division affects how quickly and fairly those everyday cases are handled.
Millions of civil and criminal cases are pending before district courts, sessions courts, magistrates and tribunals across the country. These courts are where most citizens and businesses actually experience the justice system. Delays and errors there matter to ordinary people.
The High Court Division has superintendence and control over all of these courts and tribunals. It can inspect courts, monitor delays and issue circulars and practice directions that every lower court must follow. Judges of the Division are also assigned to oversee courts in particular districts.
Where something appears seriously wrong in a lower court, such as an unexplained delay or a clearly irregular order, the High Court Division can call for the records and examine what happened, even if no party has appealed.
The Division can then set aside or correct the irregular step, give directions on how the case should proceed, or issue general guidance so that similar mistakes are not repeated across the country. Its guidance then binds the lower courts.
In plain English
How Article 109 works
Article 109 puts every court and tribunal below the High Court Division under its superintendence and control. In practical terms, the High Court Division watches over district courts, sessions courts, magistrates' courts and tribunals to make sure they work properly and lawfully. It can inspect them, issue guidance and practice directions, call for records, and correct serious irregularities even where no appeal has been filed. This supervisory role complements its appellate and writ jurisdiction. It is one of the main ways the Supreme Court keeps the lower judiciary consistent, efficient and accountable.
In practice
Article 109 underpins the High Court Division's administrative oversight of the lower judiciary, carried out through inspections, circulars and practice directions issued by the Supreme Court. It sits alongside Article 116, which concerns control and discipline of judicial officers and has been the subject of major litigation. On 2 September 2025 the High Court Division held that control of lower court judges belongs to the Supreme Court and ordered a separate judicial secretariat; on 9 June 2026 the Appellate Division stayed that judgment, reported as the one directing a separate secretariat, pending appeal. A Supreme Court Secretariat created by ordinance in late 2025 was abolished when Parliament repealed the ordinance in April 2026, as reported.
The text
What Article 109 says
109. The High Court Division shall have superintendence and control over all courts and tribunals subordinate to 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.
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 109: frequently asked questions
What is the High Court Division's superintendence power?
Under Article 109 the High Court Division has superintendence and control over all courts and tribunals subordinate to it. It can inspect them, call for records, correct irregularities and issue directions to keep lower courts working lawfully and efficiently.
Does the High Court Division control lower court judges?
Article 109 gives it superintendence over lower courts as institutions. Control and discipline of judicial officers is dealt with separately in Article 116, which vests it in the President in consultation with the Supreme Court. A 2025 High Court verdict moved that control to the Supreme Court; the Appellate Division stayed that judgment in June 2026 pending appeal.
Sources
- Laws of Bangladesh: Constitution, Article 109 (bdlaws section page)
- The Business Standard: HC restores SC authority over lower court judges, orders separate secretariat in 3 months (2 September 2025)
- BSS: Appellate Division stays HC verdict on SC secretariat (9 June 2026)
- Jago News: Appeal filed seeking status quo on SC Secretariat operations (20 April 2026)
- Dhaka Tribune: Appellate Division stays HC verdict on SC secretariat (9 June 2026)
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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