The High Court today (October 27) issued a ruling questioning the validity of Article 116 of the Constitution, which grants the President authority over the control of judges of subordinate courts.

Article 116 empowers the President to control matters relating to judges of subordinate courts, including their appointment, promotion, leave and disciplinary action.

Justice Farah Mahbub and Justice Debashish Roy Chowdhury of the High Court issued the rule following a writ petition on the issue.

The cabinet secretary, legal secretary and key officials in the chief counsel’s office were asked to respond to the rule within four weeks.

Lawyer Mohammad Shishir Manir represented the petition in court, while deputy attorneys general Syeda Sazia Sharmin and Tamim Khan appeared on behalf of the state.

Earlier on August 25, a petition was filed in the High Court challenging the validity of Section 116.

The petition sought a ruling on why Article 116 should not be declared unconstitutional, arguing that giving the president control over subordinate court judges undermines judicial independence.

Ten Supreme Court lawyers filed the petition.