Article 112 Authorities must act in aid of the Supreme Court
Action in aid of Supreme Court
A judgment is only as good as its enforcement. Article 112 is what obliges the state machinery to carry out court orders in favour of citizens and businesses.
The Supreme Court orders an authority to do something, for example to release a detained person, reinstate an officer, or implement a policy direction. The order is binding, but the court itself has no police force.
Article 112 requires all executive authorities, including ministries, departments and statutory bodies, to act in aid of the Supreme Court. They must take the steps needed to carry out the order, not delay or frustrate it.
Judicial authorities such as lower courts, and enforcement bodies such as the police, must also assist. They may be needed to produce a person, execute a decree or secure records the Supreme Court has called for.
If an authority ignores the order, the affected party can return to court. The Supreme Court can issue contempt proceedings against responsible officials and make further directions until its order is properly carried out. Officials may be summoned to explain.
In plain English
How Article 112 works
Article 112 is a short but powerful command: all authorities in the Republic, both executive and judicial, must act in aid of the Supreme Court. That means government ministries, the police, local bodies, statutory corporations and lower courts must help carry out the Supreme Court's orders and must not obstruct them. A court cannot enforce its own judgments without the cooperation of the state, so this article turns judgments into action. If an authority fails to comply, the court can use its contempt powers under Article 108 and its other powers to compel compliance.
In practice
Article 112 is often relied on together with Article 108 when officials fail to implement judgments. The long implementation of the Masdar Hossain directions on separating the lower judiciary from the executive is a frequently cited example of how compliance can depend on sustained pressure from the court. After 2024 the question has arisen again over judicial reform: in 2025 the High Court Division ordered a separate secretariat within three months, but the state appealed and the Appellate Division stayed that order on 9 June 2026, so the duty to comply was suspended pending appeal.
The text
What Article 112 says
112. All authorities, executive and judicial, in the Republic shall act in aid of the Supreme Court.
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 · 1999
Secretary, Ministry of Finance v Md. Masdar Hossain
52 DLR (AD) 82
Held that the judicial service is distinct from the civil administrative service and directed measures to separate the lower judiciary from the executive, reading "consultation with the Supreme Court" as giving the Court real weight.
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 112: frequently asked questions
What does act in aid of the Supreme Court mean?
It means every executive and judicial authority in Bangladesh must help carry out the Supreme Court's orders and must not obstruct them. Ministries, police, statutory bodies and lower courts are all covered. Failure can lead to contempt proceedings under Article 108.
What can you do if the government ignores a court order in Bangladesh?
You can apply to the court that made the order, usually by a contempt petition. Relying on Articles 108 and 112, the Supreme Court can summon responsible officials, require explanations and compliance, and punish wilful disobedience as contempt, subject to the law.
Sources
- Laws of Bangladesh: Constitution, Article 112 (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)
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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