Govt issues gazette on disciplinary rules for lower court judges

The law ministry today issued a gazette notification on the disciplinary rules of the lower court judges keeping the president’s authority to control the judges.

An official of the ministry told The Daily Star that the ministry has sent the gazette to the Bangladesh Government (BG) Press for its publication.

He said the BG press will publish the gazette notification within few hours.

Law Secretary ASM Zahirul HH Haque Dulal said that the government has prepared the disciplinary rules for the lower court judges in line with the article 116 of the constitution.

The article allows the president to control their postings, promotions and leaves in consultation with the Supreme Court.

Read More: Lower Court: Govt finalises disciplinary rules for judges

Article 116, in its current form, says, “The control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial service and magistrates exercising judicial functions shall vest in the President and shall be exercised by him in consultation with the Supreme Court.”

Article 116 of the original charter of 1972 had empowered the SC to decide on the posting, promotion and leave of lower court judges. The top court had also control over the magistrates' exercise of judicial powers and could discipline the judicial service staffers when necessary.

The lower judiciary was separated from the executive branch on November 1, 2007, following the Supreme Court verdict in Masdar Hossain case.