Under article 70, lawmakers lose their seats in parliament if they vote in the House against the party that nominated them.

The bench on March 18 this year upheld article 70, summarily rejecting a writ petition that challenged the legality of the article.

Earlier on January 15, a two-member HC bench gave a split order on the same writ petition.

Justice Moyeenul Islam Chowdhury, senior judge of the bench, had issued a rule on the government, asking why the article should not be declared unconstitutional.

Justice Md Ashraful Kamal, the other judge, had summarily rejected the petition, saying that the petition is contradictory to the constitution.

Later, Justice Md Abdul Wahhab Miah, who was performing functions of the chief justice at that time, sent the writ petition to the bench of Justice Abu Taher for its hearing and disposal.   

In his order, Justice Moyeenul said parliament members could not discharge their duties properly as they could not express their opinions independently because of article 70. 

The MPs are not independent as they cannot vote against their party decisions and that is why they are subservient to their parties, he noted.

Political parties, not the people, are the source of all powers under article 70, although the people are the source of all powers under article 7 of the constitution, said Justice Moyeenul.        

The Supreme Court's Appellate Division has accepted the HC observation regarding article 70 in the judgment of the 16th constitutional amendment case