Citation: Anwar Hossain Chowdhury v Bangladesh, 1989 BLD (Spl) 1 (verify citation before quoting)
Background
The Constitution (Eighth Amendment) Act, 1988 amended Article 100 to set up permanent benches of the High Court Division outside the capital. The amendment was challenged as destroying the unitary character of the High Court Division.
What the Court decided (summary)
By majority, the Appellate Division struck down the amendment to Article 100. The majority held that the Constitution has a basic structure that Parliament cannot alter through its amending power, and that the unitary character of the Supreme Court’s High Court Division formed part of it.
Why it matters for your preparation
The case is the leading Bangladeshi authority on the basic structure doctrine. It is cited in later judgments on constitutional amendments. Know the majority’s reasoning and the features it identified as basic.
Summary written by the De Novo editorial team in our own words. Verify the citation against the official law report.