JUSTBangladesh/legal_constitution_json_en huggingface dataset:
Chapter II: LEGISLATIVE AND FINANCIAL PROCEDURES — Procedure relating to annual financial statement
89. (1) So much of the annual financial statement as relates to expenditure charged upon the Consolidated Fund may be discussed in, but shall not be submitted to the vote of, Parliament.
89. (2) So much of the annual financial statement as relates to other expenditure shall be submitted to Parliament in the form of demands for grants, and Parliament shall have power to assent to or to refuse to assent to any demand, or to assent to it subject to a reduction of the amount specified therein.
89. (3) No demand for a grant shall be made except on the recommendation of the President.
Chapter II: LEGISLATIVE AND FINANCIAL PROCEDURES — Appropriation Act
90. (1) As soon as may be after the grants under article 89 have been made by Parliament there shall be introduced in Parliament a Bill to provide for appropriation out of the Consolidated Fund of all moneys required to meet– —
90. (1) As soon as may be after the grants under article 89 have been made by Parliament there shall be introduced in Parliament a Bill to provide for appropriation out of the Consolidated Fund of all moneys required to meet– — (a) the grants so made by Parliament; and;
90. (1) As soon as may be after the grants under article 89 have been made by Parliament there shall be introduced in Parliament a Bill to provide for appropriation out of the Consolidated Fund of all moneys required to meet– — (b) the expenditure charged on the Consolidated Fund but not exceeding in any case the amount shown in the annual financial statement laid before Parliament;
90. (2) No amendment shall be proposed in Parliament to any such Bill which has the effect of varying the amount of any grant so made or altering the purpose to which it is to be applied, or of varying the amount of any expenditure charged on the Consolidated Fund.
90. (3) Subject to the provisions of this Constitution no money shall be withdrawn from the Consolidated Fund except under appropriation made by law passed in accordance with the provisions of this article.
Chapter II: LEGISLATIVE AND FINANCIAL PROCEDURES — Supplementary and excess grants
91.  If in respect of any financial year it is found – —
91.  If in respect of any financial year it is found – — (a) that the amount authorised to be expended for a particular service for the current financial year is insufficient or that a need has arisen for expenditure upon some new service not included in the annual financial statement for that year; or;
91.  If in respect of any financial year it is found – — (b) that any money has been spent on a service during a financial year in excess of the amount granted for that service for that year; the President shall have power to authorise expenditure from the Consolidated Fund whether or not it is charged by or under the Constitution upon that Fund and shall cause to be laid before Parliament a supplementary financial statement setting out the estimated amount of the expenditure or, as the case may be, an excess financial statement setting out the amount of the excess, and the provisions of articles 87 to 90 shall (with the necessary adaptations) apply in relation to those statements as they apply in relation to the annual financial statement;
Chapter II: LEGISLATIVE AND FINANCIAL PROCEDURES — Votes of account, votes of credit, etc.
92. (1) Notwithstanding anything in the foregoing provisions of this Chapter, Parliament shall have power —
92. (1) Notwithstanding anything in the foregoing provisions of this Chapter, Parliament shall have power — (a) to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in article 89 for the voting of such grant and the passing of a law in accordance with the provisions of article 90 in relation to that expenditure;
92. (1) Notwithstanding anything in the foregoing provisions of this Chapter, Parliament shall have power — (b) to make a grant for meeting an unexpected demand upon the resources of the Republic when on account of the magnitude or the indefinite character of the service the demand cannot be specified with the details ordinarily given in an annual financial statement;
92. (1) Notwithstanding anything in the foregoing provisions of this Chapter, Parliament shall have power — (c) to make an exceptional grant which forms no part of the current service of any financial year; and Parliament shall have power to authorise by law the withdrawal of moneys from the Consolidated Fund for the purposes for which such grants are made;
92. (2) The provisions of articles 89 and 90 shall have effect in relation to the making of any grant under clause (1), and to any law to be made under that clause, as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and to the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund to meet such expenditure. 1 [
92. (3) Notwithstanding anything contained in the foregoing provisions of this Chapter, if, in respect of a financial year, Parliament —
92. (3) Notwithstanding anything contained in the foregoing provisions of this Chapter, if, in respect of a financial year, Parliament — (a) has failed to make the grants under article 89 and pass the law under article 90 before the beginning of that year and has not also made any grant in advance under this article; or;
92. (3) Notwithstanding anything contained in the foregoing provisions of this Chapter, if, in respect of a financial year, Parliament — (b) has failed to make the grants under article 89 and pass the law under article 90 before the expiration of the period for which the grants in advance, if any, were made under this article, the President may, upon the advice of the Prime Minister, by order, authorise the withdrawal from the Consolidated Fund moneys necessary to meet expenditure mentioned in the financial statement for that year for a period not exceeding sixty days in that year, pending the making of the grants and passing of the law;
92. [Authorisation of expenditure in certain cases.- omitted by section 10 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991).
Chapter III: ORDINANCE MAKING POWER — Ordinance making power
93. (1) At any time when 1 Parliament stands dissolved or is not in session, if the President is satisfied that circumstances exist which render immediate action necessary, he may make and promulgate such Ordinances as the circumstances appear to him to require, and any Ordinance so made shall, as from its promulgation have the like force of law as an Act of Parliament: Provided that no Ordinance under this clause shall make any provision – —
93. (1) At any time when 1 Parliament stands dissolved or is not in session, if the President is satisfied that circumstances exist which render immediate action necessary, he may make and promulgate such Ordinances as the circumstances appear to him to require, and any Ordinance so made shall, as from its promulgation have the like force of law as an Act of Parliament: Provided that no Ordinance under this clause shall make any provision – — (i) which could not lawfully be made under this Constitution by Act of Parliament; (ii) for altering or repealing any provision of this Constitution; or (iii) continuing in force any provision of an Ordinance previously made;
93. (2) An Ordinance made under clause (1) shall be laid before Parliament at its first meeting following the promulgation of the Ordinance and shall, unless it is earlier repealed, cease to have effect at the expiration of thirty days after it is so laid or, if a resolution disapproving of the Ordinance is passed by Parliament before such expiration, upon the passing of the resolution.
93. (3) At any time when Parliament stands dissolved, the President may, if he is satisfied that circumstances exist which render such action necessary, make and promulgate an Ordinance authorising expenditure from the Consolidated Fund, whether the expenditure is charged by the Constitution upon that fund or not, and any Ordinance so made shall, as from its promulgation, have the like force of law as an Act of Parliament.
93. (4) Every Ordinance promulgated under clause (3) shall be laid before Parliament as soon as may be, and the provisions of articles 87, 89 and 90 shall, with necessary adaptations, be complied with in respect thereof within thirty days of the reconstitution of Parliament.
5Chapter I: THE SUPREME COURT — Establishment of Supreme Court
94. (1) There shall be a Supreme Court for Bangladesh (to be known as the Supreme Court of Bangladesh) comprising the Appellate Division and the High Court Division.
94. (2) The Supreme Court shall consist of the Chief Justice, to be known as the Chief Justice of Bangladesh, and such number of other Judges as the President may deem it necessary to appoint to each division.
94. (3) The Chief Justice, and the Judges appointed to the Appellate Division, shall sit only in that division, and the other Judges shall sit only in the High Court Division.
94. (4) Subject to the provisions of this Constitution the Chief Justice and the other Judges shall be independent in the exercise of their judicial functions.
5Chapter I: THE SUPREME COURT — Appointment of Judges
95. (1) The Chief Justice shall be appointed by the President, and the other Judges shall be appointed by the President after consultation with the Chief Justice.
95. (2) A person shall not be qualified for appointment as a Judge unless he is a citizen of Bangladesh and – —
95. (2) A person shall not be qualified for appointment as a Judge unless he is a citizen of Bangladesh and – — (a) has, for not less than ten years, been an advocate of the Supreme Court ; or;
95. (2) A person shall not be qualified for appointment as a Judge unless he is a citizen of Bangladesh and – — (b) has, for not less than ten years, held judicial office in the territory of Bangladesh ; or;
95. (2) A person shall not be qualified for appointment as a Judge unless he is a citizen of Bangladesh and – — (c) has such qualifications as may be prescribed by law for appointment as a Judge of the Supreme Court;
95. (3) In this article, “Supreme Court” includes a court which at any time before the commencement of this Constitution exercised jurisdiction as a High Court in the territory of Bangladesh.
5Chapter I: THE SUPREME COURT — Tenure of office of Judges
96. (1) Subject to the other provisions of this article, a Judge shall hold office until he attains the age of sixty-seven years. 2 [
96. (2) A Judge shall not be removed from his office except by an order of the President passed pursuant to a resolution of Parliament supported by a majority of not less than two-thirds of the total number of members of Parliament, on the ground of proved misbehaviour or incapacity.
96. (3) Parliament may by law regulate the procedure in relation to a resolution under clause (2) and for investigation and proof of the misbehaviour or incapacity of a Judge.
96. (4) A Judge may resign his office by writing under his hand addressed to the President.
5Chapter I: THE SUPREME COURT — Temporary appointment of Chief Justice
97. If the office of the Chief Justice becomes vacant, or if the President is satisfied that the Chief Justice is, on account of absence, illness, or any other cause, unable to perform the functions of his office, those functions shall, until some other person has entered upon that office, or until the Chief Justice has resumed his duties, as the case may be, be performed by the next most senior Judge of the Appellate Division.
5Chapter I: THE SUPREME COURT — Additional Supreme Court Judges
98. Notwithstanding the provisions of article 94, if the President is satisfied that the number of the Judges of a division of the Supreme Court should be for the time being increased, the President may appoint one or more duly qualified persons to be Additional Judges of that division for such period not exceeding two years as he may specify, or, if he thinks fit, may require a Judge of the High Court Division to sit in the Appellate Division for any temporary period : Provided that nothing in this article shall prevent a person appointed as an Additional Judge from being appointed as a Judge under article 95 or as an Additional Judge for a further period under this article.
5Chapter I: THE SUPREME COURT — Disabilities of Judges after retirement
99. (1) A person who has held office as a Judge (otherwise than as an Additional Judge pursuant to the provisions of article 98), shall not, after his retirement or removal therefrom, plead or act before any court or authority or hold any offece of profit in the service of the Republic not being a judicial or quasi-judicial office.
99. (2) Notwithstanding anything contained in clause (1), a person who has held office as a Jugde of the High Court Division may, after his retirement or rermoval therefrom, plead or act before the Appellate Division.
5Chapter I: THE SUPREME COURT — Seat of Supreme Court
100. The permanent seat of the Supreme Court shall be in the capital, but sessions of the High Court Division may be held at such other place or places as the Chief Justice may, with the approval of the President, from time to time appoint.
5Chapter I: THE SUPREME COURT — Jurisdiction of High Court Division
101. The High Court Division shall have such original, appellate and other jurisdictions and powers as are conferred on it by this Constitution or any other law.
5Chapter I: THE SUPREME COURT — Powers of High Court Division to issue certain orders and directions, etc.
102. (1) The High Court Division on the application of any person aggrieved, may give such directions or orders to any person or authority, including any person performing any function in connection with the affairs of the Republic, as may be appropriate for the enforcement of any of the fundamental rights conferred by Part III of this Constitution.
102. (2) The High Court Division may, if satisfied that no other equally efficacious remedy is provided by law – —
102. (2) The High Court Division may, if satisfied that no other equally efficacious remedy is provided by law – — (a) on the application of any person aggrieved, make an order-;
102. (2) The High Court Division may, if satisfied that no other equally efficacious remedy is provided by law – — (i) directing a person performing any functions in connec-tion with the affairs of the Republic or of a local authority, to refrain from doing that which he is not permitted by law to do or to do that which he is required by law to do ; or (ii) declaring that any act done or proceeding taken by a person performing functions in connection with the affairs of the Republic or of a local authority, has been done or taken without lawful authority and is of no legal effect ; or (b) on the application of any person, make an order- (i) directing that a person in custody be brought before it so that it may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner ; or (ii) requiring a person holding or purporting to hold a public office to show under what authority he claims to hold that office;
102. (3) Notwithstanding anything contained in the forgoing clauses, the High Court Division shall have no power under this article to pass any interim or other order in relation to any law to which article 47 applies.
102. (4) Whereon an application made under clause (1) or sub-clause —
102. (4) Whereon an application made under clause (1) or sub-clause — (a) of clause (2), an interim order is prayed for and such interim order is likely to have the effect of- (a) prejudicing or interfering with any measure designed to implement any development programme, or any development work ; or;
102. (4) Whereon an application made under clause (1) or sub-clause — (b) being otherwise harmful to the public interest, the High Court Division shall not make an interim order unless the Attorney-General has heen given reasonable notice of the application and he (or an advocate authorised by him in that behalf) has been given an opportunity of being heard, and the High Court Division is satisfied that the interim order would not have the effect referred to in sub-clause (a) or sub-caluse (b);
102. (5) In this article, unless the context otherwise requires, “person” includes a statutory public authority and any court or tribunal, other than a court or tribunal established under a law relating to the defence services of Bangladesh or any disciplined force or a tribunal to which article 117 applies.
5Chapter I: THE SUPREME COURT — Jurisdiction of Appellate Division
103. (1) The Appellate Division shall have jurisdiction to hear and determine appeals from judgments, decrees, orders or sentences of the High Court Division.
103. (2) An appeal to the Appellate Division from a judgment, decree, order or sentence of the High Court Division shall lie as of right where the High Court Division – —
103. (2) An appeal to the Appellate Division from a judgment, decree, order or sentence of the High Court Division shall lie as of right where the High Court Division – — (a) certifies that the case involves a substantial question of law as to the interpretation of this Constitution ; or;
103. (2) An appeal to the Appellate Division from a judgment, decree, order or sentence of the High Court Division shall lie as of right where the High Court Division – — (b) has confirmed a sentence of death or sentenced a person to death or to imprisonment for life ; or;
103. (2) An appeal to the Appellate Division from a judgment, decree, order or sentence of the High Court Division shall lie as of right where the High Court Division – — (c) has imposed punishment on a person for contempt of that division ; and in such other cases as may be provided for by Act of Parliament;
103. (3) An appeal to the Appellate Division from a judgment, decree, order or sentence of the High Court Division in a case to which clause (2) does not apply shall lie only if the Appellate Division grants leave to appeal.
103. (4) Parliament may by law declare that the provisions of this article shall apply in relation to any other court or tribunal as they apply in relation to the High Court Division.
5Chapter I: THE SUPREME COURT — Issue and execution of processes of Appellate Division
104. The Appellate Division shall have power to issue such directions, orders, decrees or writs as may be necessary for doing complete justice in any cause or matter pending before it, including orders for the purpose of securing the attendance of any person or the discovery or production of any document.
5Chapter I: THE SUPREME COURT — Review of judgments or orders by Appellate Division
105. The Appellate Division shall have power, subject to the provisions of any Act of Parliament and of any rules made by that division to review any judgment pronounced or order made by it.
5Chapter I: THE SUPREME COURT — Advisory jurisdiction of Supreme Court
106. If at any time it appears to the President that a question of law has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to the Appellate Division for consideration and the division may, after such hearing as it thinks fit, report its opinion thereon to the President.
5Chapter I: THE SUPREME COURT — Rule-making power of the Supreme Court
107. (1) Subject to any law made by Parliament the Supreme Court may, with the approval of the President, make rules for regulating the practice and procedure of each division of the Supreme Court and of any court subordinate to it.
107. (2) The Supreme Court may delegate any of its functions under clause (1) and article 113 and 116 to a division of that Court or to one or more judges.
107. (3) Subject to any rules made under this article the Chief Justice shall determine which judges are to constitute any Bench of a division of the Supreme Court and which judges are to sit for any purpose.
107. (4) The Chief Justice may authorise the next most senior judge of either division of the Supreme Court to exercise in that division any of the powers conferred by clause (3) or by rules made under this article.
5Chapter I: THE SUPREME COURT — Supreme Court as court of record
108. The Supreme Court shall be a court of record and shall have all the powers of such a court including the power subject to law to make an order for the investigation of or punishment for any contempt of itself.
5Chapter I: THE SUPREME COURT — Superintendence and control over courts
109. The High Court Division shall have superintendence and control over all courts and tribunals subordinate to it.
5Chapter I: THE SUPREME COURT — Transfer of cases from subordinate courts to High Court Division
110.  If the High Court Division is satisfied that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of this Constitution, or on a point of general public importance, the determination of which is necessary for the disposal of the case, it shall withdraw the case from that court and may – —
110.  If the High Court Division is satisfied that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of this Constitution, or on a point of general public importance, the determination of which is necessary for the disposal of the case, it shall withdraw the case from that court and may – — (a) either dispose of the case itself ; or;
110.  If the High Court Division is satisfied that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of this Constitution, or on a point of general public importance, the determination of which is necessary for the disposal of the case, it shall withdraw the case from that court and may – — (b) determine the question of law and return the case to the court from which it has been so withdrawn (or transfer it to another subordinate court) together with a copy of the judgment of the division on such question, and the court to which the case is so returned or transferred shall, on receipt thereof, proceed to dispose of the case in conformity with such judgment;
5Chapter I: THE SUPREME COURT — Binding effect of Supreme Court judgments
111. The law declared by the Appellate Division shall be binding on the High Court Division and the law declared by either division of the Supreme Court shall be binding on all courts subordinate to it.
5Chapter I: THE SUPREME COURT — Action in aid of Supreme Court
112. All authorities, executive and judicial, in the Republic shall act in aid of the Supreme Court.
5Chapter I: THE SUPREME COURT — Staff of Supreme Court
113. (1) Appointments of the staff of the Supreme Court shall be made by the Chief Justice or such other judge or officer of that court as he may direct, and shall be made in accordance with rules made with the previous approval of the President by the Supreme Court.
113. (2) Subject to the provisions of any Act of Parliament the conditions of service of members of the staff of the Supreme Court shall be such as may be prescribed by rules made by that court.
Chapter II: SUBORDINATE COURTS — Establishment of subordinate courts
114. There shall be in addition to the Supreme Court such courts subordinate thereto as may be established by law.
Chapter II: SUBORDINATE COURTS — Appointments to subordinate courts
115. Appointments of persons to offices in the judicial service or as magistrates exercising judicial functions shall be made by the President in accordance with rules made by him in that behalf.