Article 117 Administrative tribunals
Administrative tribunals
Government employees with service grievances must usually go to an administrative tribunal rather than the High Court, which changes the route, cost and timing of their case.
A government officer is demoted, denied promotion or dismissed after disciplinary proceedings. The officer believes the decision was unfair or unlawful and wants it overturned. The question is which forum can hear the complaint, since ordinary courts may be barred from hearing it.
Because Parliament has set up administrative tribunals under Article 117, the officer must take the case to the Administrative Tribunal. Article 117(2) bars other courts from hearing matters within the tribunal's jurisdiction. Filing a writ instead would usually fail.
The tribunal hears the officer and the government, examines the records and decides whether the decision should stand, be modified or be set aside. It applies the service rules and the general principles of fairness.
Parliament may provide for appeals or review. The law provides an appeal to an Administrative Appellate Tribunal, and further challenges can reach the Appellate Division where the law allows it. This keeps a route to the highest court.
In plain English
How Article 117 works
Article 117 lets Parliament set up administrative tribunals to decide certain disputes instead of the ordinary courts. They can handle matters about the terms and conditions of people in the service of the Republic, including disciplinary penalties; matters about property vested in or managed by the government, including service in nationalised enterprises and statutory public authorities; and matters under laws protected by Article 47. Once such a tribunal exists, no other court can hear cases falling within its jurisdiction. Parliament may, however, provide for appeals from, or reviews of, the tribunal's decisions.
In practice
Parliament has used Article 117 to create Administrative Tribunals and an Administrative Appellate Tribunal for public service disputes. Because Article 117(2) ousts other courts, and Article 102(5) excludes tribunals to which Article 117 applies from the meaning of "person" for writ purposes, the High Court Division generally refuses writ petitions on matters within the tribunals' jurisdiction. Courts still examine whether a dispute truly falls within that jurisdiction, for example where the employer is not covered or the challenge is to the validity of a law itself. Clause (1)(c), as substituted in 2011, links the tribunals to laws protected under Article 102(3) and Article 47.
The text
What Article 117 says
117. (1) Notwithstanding anything hereinbefore contained, Parliament may by law establish one or more administrative tribunals to exercise jurisdiction in respect of matters relating to or arising out of –
(a) the terms and conditions of persons in the service of the Republic, including the matters provided for in Part IX and the award of penalties or punishments;
(b) the acquisition, administration, management and disposal of any property vested in or managed by the Government by or under any law, including the operation and management of, and service in any nationalised enterprise or statutory public authority;
[(c) any law to which clause (3) of article 102 applies.]
(2) Where any administrative tribunal is established under this article, no court shall entertain any proceedings or make any order in respect of any matter falling within the jurisdiction of such tribunal:
Provided that Parliament may, by law, provide for appeals from, or the review of, decisions of any such tribunal.
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 2011Sub-clause (c) of clause (1) was substituted by section 33 of the Constitution (Fifteenth Amendment) Act, 2011, per the bdlaws footnote.
Connected provisions
Related articles
Questions
Article 117: frequently asked questions
What is an administrative tribunal in Bangladesh?
It is a specialist body set up by Parliament under Article 117 to decide disputes about the terms and conditions of public servants, government-managed property and certain protected laws. Once it exists, ordinary courts cannot hear matters within its jurisdiction, though Parliament may allow appeals or review.
Can a government employee file a writ in the High Court in Bangladesh?
Usually not for service matters within an administrative tribunal's jurisdiction. Article 117(2) bars other courts from such matters, and Article 102(5) excludes these tribunals from writ jurisdiction. The employee must go to the Administrative Tribunal, with appeals as provided by 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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