The advisers are Mahmudur Rahman, adviser to the Energy and Mineral Resources Division of the energy ministry, and Barkatullah Bulu, adviser to the Ministry of Women and Children Affairs.

The HC also asked the government to explain under what authority Rahman and Bulu hold the office as adviser with the ranks and status of a deputy minister and state minister.

An HC division bench issued the rules following two separate writ petitions filed by three Supreme Court lawyers -- Ruhul Quddus, Nahid Sultana and Abdul Mannan Khan.

Respondents of the rule on the energy ministry are Bangladesh, represented by cabinet secretary, and the cabinet secretary. The respondents of the rule on Ministry for Women and Children Affairs are Bangladesh, represented by the cabinet secretary, and the joint secretary of cabinet division.

The petitioners argued the prime minister and the cabinet is governed by the articles 55, 56, 57 and 58 of the constitution and the members of the cabinet are required to take oath before taking responsibility of the office.

The petition read, "No where in the constitution or in any other law, the provision for appointments of 'adviser' is provided and no oath is administered to the so-called advisers."

"The so-called system of appointing advisers is quite unknown to our system of government. For example, the cabinet form of government and the present government introduced it illegally after they came to power in 2001 to provide and place their men in governmental position illegally," the petition read.

The petitioners said in parliamentary democracy and in the cabinet form of government, ministers are collectively responsible to the parliament and sometimes they advise the government, but the so-called advisers are not in any way accountable or responsible to the parliament for their acts and omissions.

They said excluding the two advisers, the government appointed a number of advisers in several ministries, who assumed the so-called office and have been performing their official functions illegally without any constitutional sanctions.

They have been exercising executive powers like a minister and have access to important and secret files of the government in the concerned ministries, involving national and international interests, illegally without taking any oath as ministers are mandated by the constitution, they added.

Barrister Rokanuddin Mahmud moved both the petitions while advocate MK Rahman, Shoeb Ahmed and Zohurul Islam assisted him. Deputy Attorney General Razik Al Jalil and Assistant Attorney General Showkatul Huq were present in the court.