Bangladesh 2014 en

PDF generated: 27 Apr 2022, 11:07
constituteproject.org
Bangladesh's Constitution of
1972, Reinstated in 1986, with
Amendments through 2014
Subsequently amended
This complete constitution has been generated from excerpts of texts from the repository of the Comparative
Constitutions Project, and distributed on constituteproject.org.
constituteproject.org PDF generated: 27 Apr 2022, 11:07
Table of contents
Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART I. THE REPUBLIC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1. The Republic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2. The territory of the Republic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2A. The state religion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3. The state language . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4. National anthem, flag and emblem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
4A. Portrait of the Father of the Nation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5. The capital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6. Citizenship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7. Supremacy of the Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7A. Offence of abrogation, suspension, etc. of the Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7B. Basic provisions of the Constitution are not amendable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART II. FUNDAMENTAL PRINCIPLES OF STATE POLICY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8. Fundamental principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9. Nationalism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10. Socialism and freedom from exploitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
11. Democracy and human rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12. Secularism and freedom of religion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
13. Principles of ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
14. Emancipation of peasants and workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
15. Provision of basic necessities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
16. Rural development and agricultural revolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
17. Free and compulsory education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
18. Public health and morality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
18A. Protection and improvement of environment and biodiversity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
19. Equality of opportunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
20. Work as a right and duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
21. Duties of citizens and of public servants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
22. Separation of Judiciary from the Executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
23. National Culture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
23A. The culture of tribes, minor races, ethnic sects and communities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
24. National monuments, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
25. Promotion of international peace, security and solidarity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PART III. FUNDAMENTAL RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
26. Laws inconsistent with fundamental rights to be void . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
27. Equality before law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
28. Discrimination on grounds of religion, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
29. Equality of opportunity in public employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
30. Prohibition of foreign titles, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
31. Right to protection of law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
32. Protection of right to life and personal liberty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
33. Safeguards as to arrest and detention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
34. Prohibition of forced labour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
35. Protection in respect of trial and punishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
36. Freedom of movement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Bangladesh 1972 (reinst. 1986, rev. 2014) Page 2

37. Freedom of assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

38. Freedom of association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
39. Freedom of thought and conscience, and of speech . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
40. Freedom of profession or occupation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
41. Freedom of religion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
42. Rights to property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
43. Protection of home and correspondence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
44. Enforcement of fundamental rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
45. Modification of rights in respect of disciplinary law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
46. Power to provide indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
47. Saving for certain laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
47A. Inapplicability of certain articles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART IV. THE EXECUTIVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Chapter I. The President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Chapter II. The Prime Minister And The Cabinet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Chapter IIA. Non-Party Care Taker Government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Chapter III. Local Government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Chapter IV. The Defence Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Chapter V. The Attorney-General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
PART V. THE LEGISLATURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Chapter I. Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Chapter II. Legislative And Financial Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Chapter III. Ordinance Making Power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
PART VI. THE JUDICIARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Chapter I. The Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Chapter II. Subordinate Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Chapter III. Administrative Tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
PART VIA. THE NATIONAL PARTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
PART VII. ELECTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
118. Establishment of Election Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
119. Functions of Election Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
120. Staff of Election Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
121. Single electoral roll for each constituency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
122. Qualifications for registration as voter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
123. Time for holding elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
124. Parliament may make provision as to elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
125. Validity of election law and elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
126. Executive authorities to assist Election Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
PART VIII. THE COMPTROLLER AND AUDITOR-GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
127. Establishment of office of Auditor-General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
128. Functions of Auditor-General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
129. Term of office of Auditor-General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
130. Acting Auditor-General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
131. Form and manner of keeping public accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
132. Reports of Auditor-General to be laid before Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
PART IX. THE SERVICES OF BANGLADESH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Chapter I. Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Chapter II. Public Service Commissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

PART IXA. EMERGENCY PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

141A. Proclamation of Emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
141B. Suspension of provisions of certain articles during emergencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
141C. Suspension of enforcement of fundamental right during emergencies . . . . . . . . . . . . . . . . . . . . . . . . 40
PART X. AMENDMENT OF THE CONSTITUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
142. Power to amend any provision of the Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
PART XI. MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
143. Property of the Republic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
144. Executive authority in relation to property, trade, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
145. Contracts and deeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
145A. International treaties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
146. Suits in name of Bangladesh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
147. Remuneration, etc., of certain officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
148. Oaths of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
149. Saving for existing laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
150. Transitional and temporary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
151. Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
152. Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
153. Commencement, citation and authenticity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
SCHEDULE 1. LAWS EFFECTIVE NOTWITHSTANDING OTHER PROVISIONS . . . . . . . . . . 45
SCHEDULE 2. ELECTION OF PRESIDENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
SCHEDULE 3. OATHS AND AFFIRMATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
1. The President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
1A. Vice-President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
1B. The President in the case of performing the functions of the Chief Adviser. . . . . . . . . . . . . . . . . . . . . . . 47
2. Prime Minister and other Ministers, Ministers of State and Deputy Ministers. . . . . . . . . . . . . . . . . . . . . 47
2A. Chief Adviser and Advisers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
3. The Speaker. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
4. Deputy Speaker. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
5. Member of Parliament. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
6. Chief Justice or Judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
7. Chief Election Commissioner or Election Commissioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
8. Comptroller and Auditor-General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
9. Member of Public Service Commission. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
SCHEDULE 4. TRANSITIONAL AND TEMPORARY PROVISIONS . . . . . . . . . . . . . . . . . . . . . . 48
1. Dissolution of Constituent Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
2. First elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
3. Provisions for maintaining continuity and interim arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
3A. Validation of certain Proclamations, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
4. President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
5. Prime Minister and other Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
6. Judiciary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
6A. Provisions as to existing Judges and pending proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
6B. Provisions as to Judges of the Supreme Court and High Court existing before the Second
Proclamation Order No. 1 of 1977 proceedings pending before commencement of that Order, etc. . . . . . 50
7. Interim rights of appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
8. Election Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
9. Public Service Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

10. Public service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

11. Oaths for continuance in office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
12. Local Government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
13. Taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
14. Interim financial arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
15. Audit of past accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
16. Property, assets, rights, liabilities and obligations of the Government. . . . . . . . . . . . . . . . . . . . . . . . . . 52
17. Adaptation of laws and removal of difficulties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
18. Ratification and confirmation of Proclamations, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
19. Ratification and confirmation of the Proclamation of the 24th March, 1982, etc. . . . . . . . . . . . . . . . . . 53
20. Provisions relating to Vice-President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
21. Ratification and confirmation of the appointment of Vice-President, etc. . . . . . . . . . . . . . . . . . . . . . . . . 53
22. Parliament functioning immediately before the commencement of the Constitution functioning
immediately before the commencement of the Constitution (Twelfth Amendment) Act. . . . . . . . . . . . . . . 53
23. Temporary special provision regarding women members in the Parliament. . . . . . . . . . . . . . . . . . . . . . 53
SCHEDULE 5. HISTORIC SPEECH OF THE FATHER OF THE NATION, BANGABANDHU
SHEIKH MUJIBUR RAHMAN OF THE 7TH MARCH, 1971 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
SCHEDULE 6. DECLARATION OF INDEPENDENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
SCHEDULE 7. THE PROCLAMATION OF INDEPENDENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

Preamble
Preamble
Source of constitutional authority
Reference to country's history We, the people of Bangladesh, having proclaimed our independence on the 26th day of
March, 1971 and through a historic struggle for national liberation, established the
independent, sovereign People's Republic of Bangladesh;
Pledging that the high ideals of nationalism, socialism, democracy and secularism, which
inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice
their lives in, the national liberation struggle, shall be the fundamental principles of the
Constitution;
Further pledging that it shall be a fundamental aim of the State to realise through the
democratic process to socialist society, free from exploitation-a society in which the rule
of law, fundamental human rights and freedom, equality and justice, political, economic
and social, will be secured for all citizens;
Affirming that it is our sacred duty to safeguard, protect and defend this Constitution
and to maintain its supremacy as the embodiment of the will of the people of
Bangladesh so that we may prosper in freedom and may make our full contribution
towards international peace and cooperation in keeping with the progressive aspirations
of mankind;
In our Constituent Assembly, this eighteenth day of Kartick, 1379 B.S corresponding to
the fourth day of November, 1972 A.D., do hereby adopt, enact and give to ourselves
this Constitution.
PART I. THE REPUBLIC
Type of government envisioned

1. The Republic
Bangladesh is a unitary, independent, sovereign Republic to be known as the People's
Republic of Bangladesh.
2. The territory of the Republic

The territory of the Republic shall comprise-
1. The territories which immediately before the proclamation of independence on

the 26th day of March, 1971 constituted East Pakistan and the territories
referred to as included territories in the Constitution (Third Amendment) Act,
1974, but excluding the territories referred to as excluded territories in that Act;
and
2. such other territories as may become included in Bangladesh.
Official religion
2A. The state religion
The state religion of the Republic is Islam, but the State shall ensure equal status and
equal right in the practice of the Hindu, Buddhist, Christian and other religions.
Official or national languages

3. The state language
The state language of the Republic is Bangla.
National anthem
National flag

4. National anthem, flag and emblem

1. The national anthem of the Republic is the first ten lines of "Amar Sonar Bangla."
2. The national flag of the Republic shall consist of a circle, coloured red throughout
its area, resting on a green background.
3. The national emblem of the Republic is the national flower Shapla (nymphaea-
nouchali) resting on water, having on each side an ear of paddy and being
surmounted by three connected leaves of jute with two stars on each side of the
leaves.
4. Subject to the foregoing clauses, provisions relating to the national anthem, flag
and emblem shall be made by law.
Political theorists/figures
4A. Portrait of the Father of the Nation
The Portrait of the Father of the Nation, Bangabandhu Sheikh Mujibur Rahman shall be
preserved and displayed at the offices of the President, the Prime Minister, the Speaker
and the Chief Justice and in head and branch offices of all government and semi-
government offices, autonomous bodies, statutory public authorities, government and
non-government educational institutions, embassies and missions of Bangladesh
abroad.
National capital
5. The capital
1. The capital of the Republic is Dhaka.
2. The boundaries of the capital shall be determined by law.
Requirements for birthright citizenship

6. Citizenship
1. The citizenship of Bangladesh shall be determined and regulated by law.
2. The people of Bangladesh shall be known as Bangalees as a nation and the
citizens of Bangladesh shall be known as Bangladeshies.
7. Supremacy of the Constitution

1. All powers in the Republic belong to the people, and their exercise on behalf of
the people shall be effected only under, and by the authority of, this Constitution.
2. This Constitution is, as the solemn expression of the will of the people, the
Constitutionality of legislation supreme law of the Republic, and if any other law is inconsistent with this
Constitution and other law shall, to the extent of the inconsistency, be void.
7A. Offence of abrogation, suspension, etc. of the

Constitution
1. If any person, by show of force or use of force or by any other un-constitutional
means-
a. abrogates, repeals or suspends or attempts or conspires to abrogate,
repeal or suspend this Constitution or any of its article; or
b. subverts or attempts or conspires to subvert the confidence, belief or
reliance of the citizens to this Constitution or any of this article,
his such act shall be sedition and such person shall be guilty of sedition.
2. If any person-
a. abets or instigates any act mentioned in clause (1); or
b. approves, condones, supports or ratifies such act,
his such act shall also be the same offence.
3. Any person alleged to have committed the offence mentioned in this article shall
be sentenced with the highest punishment prescribed for other offences by the

3. existing laws.
Unamendable provisions
7B. Basic provisions of the Constitution are not amendable
Notwithstanding anything contained in article 142 of the Constitution, the preamble, all
articles of Part I, all articles of Part II, subject to the provisions of Part IXA all articles of
Part III, and the provisions of articles relating to the basic structures of the Constitution
including article 150 of Part XI shall not be amendable by way of insertion, modification,
substitution, repeal or by any other means.
PART II. FUNDAMENTAL PRINCIPLES OF

STATE POLICY
Separation of church and state

8. Fundamental principles
1. The principles of nationalism, socialism, democracy and secularism, together with
the principles derived from those as set out in this Part, shall constitute the
fundamental principles of state policy.
2. The principles set out in this Part shall be fundamental to the governance of
Bangladesh, shall be applied by the State in the making of laws, shall be a guide
to the interpretation of the Constitution and of the other laws of Bangladesh, and
shall form the basis of the work of the State and of its citizens, but shall not be
judicially enforceable.
Reference to fraternity/solidarity
Reference to country's history 9. Nationalism
The unity and solidarity of the Bangalee nation, which, deriving its identity from its
language and culture, attained sovereign and independent Bangladesh through a united
and determined struggle in the war of independence, shall be the basis of Bangalee
nationalism.
Mentions of social class

10. Socialism and freedom from exploitation
A socialist economic system shall be established with a view to ensuring the attainment
of a just and egalitarian society, free from the exploitation of man by man.
Human dignity
11. Democracy and human rights
The Republic shall be a democracy in which fundamental human rights and freedoms and
respect for the dignity and worth of the human person shall be guaranteed and in which
effective participation by the people through their elected representatives in
administration at all levels shall be ensured.
Separation of church and state

12. Secularism and freedom of religion
The principle of secularism shall be realised by the elimination of-
a. communalism in all its forms;
b. the granting by the State of political status in favour of any religion;
c. the abuse of religion for political purposes;
d. any discrimination against, or persecution of, persons practicing a particular

religion.

13. Principles of ownership

The people shall own or control the instruments and means of production and
distribution, and with this end in view ownership shall assume the following forms-
a. state ownership, that is ownership by the State on behalf of the people through
the creation of an efficient and dynamic nationalised public sector embracing the
key sectors of the economy;
b. co-operative ownership, that is ownership by co-operatives on behalf of their

members within such limits as may be prescribed by law; and
c. private ownership, that is ownership by individuals within such limits as may be

prescribed by law.
Provisions for wealth redistribution

14. Emancipation of peasants and workers
It shall be a fundamental responsibility of the State to emancipate the toiling masses,
the peasants and workers and backward sections of the people from all forms of
exploitation.
Right to reasonable standard of living

15. Provision of basic necessities
It shall be a fundamental responsibility of the State to attain, through planned economic
growth, a constant increase of productive forces and a steady improvement in the
material and cultural standard of living of the people, with a view to securing to its
citizens-
a. the provision of the basic necessities of life, including food, clothing, shelter,
Right to shelter
education and medical care;
Right to health care
b. the right to work, that is the right to guaranteed employment at a reasonable
Right to work
wage having regard to the quantity and quality of work;
c. the right to reasonable rest, recreation and leisure; and

Right to rest and leisure
d. the right to social security, that is to say to public assistance in cases of

State support for the elderly
undeserved want arising from unemployment, illness or disablement, or suffered
State support for children by widows or orphans or in old age, or in other such cases.
State support for the disabled
Provisions for wealth redistribution
State support for the unemployed 16. Rural development and agricultural revolution
The State shall adopt effective measures to bring about a radical transformation in the
rural areas through the promotion of an agricultural revolution, the provision of rural
electrification, the development of cottage and other industries, and the improvement of
education, communications and public health, in those areas, so as progressively to
remove the disparity in the standards of living between the urban and the rules areas.
17. Free and compulsory education

The State shall adopt effective measures for the purpose of-
a. establishing a uniform, mass-oriented and universal system of education and

Free education
extending free and compulsory education to all children to such stage as may be
Compulsory education determined by law;
b. relating education to the needs of society and producing properly trained and
motivated citizens to serve those needs;
c. removing illiteracy within such time as may be determined by law.

18. Public health and morality

1. The State shall regard the raising of the level of nutrition and the improvement of
Right to health care public health as moving its primary duties, and in particular shall adopt effective
measures to prevent the consumption, except for medical purposes or for such
other purposes as may be prescribed by law, of alcoholic and other intoxicating
drinks and drugs which are injurious to health.
2. The State shall adopt effective measures to prevent prostitution and gambling.
Protection of environment
18A. Protection and improvement of environment and
biodiversity
The State shall endeavour to protect and improve the environment and to preserve and
safeguard the natural resources, bio-diversity, wetlands, forests and wild life for the
present and future citizens.
19. Equality of opportunity

1. The State shall endeavour to ensure equality of opportunity to all citizens.
2. The State shall adopt effective measures to remove social and economic
Mentions of social class inequality between man and man and to ensure the equitable distribution of
wealth among citizens, and of opportunities in order to attain a uniform level of
economic development throughout the Republic.
3. The State shall endeavour to ensure equality of opportunity and participation of
Provision for matrimonial equality women in all spheres of national life.
Right to work
Duty to work 20. Work as a right and duty
1. Work is a right, a duty and a matter of honour for every citizen who is capable of
Right to just remuneration working, and everyone shall be paid for his work on the basis of the principle
"from each according to his abilities to each according to his work."
2. The State shall endeavour to create conditions in which, as a general principle,
Right to development of personality persons shall not be able to enjoy unearned incomes, and in which human labour
in every form, intellectual and physical, shall become a fuller expression of
creative endeavour and of the human personality.
21. Duties of citizens and of public servants

1. It is the duty of every citizen to observe the Constitution and the laws, to
Duty to obey the constitution maintain discipline, to perform public duties and to protect public property.
2. Every person in the service of the Republic has a duty to strive at all times to
serve the people.
22. Separation of Judiciary from the Executive

The State shall ensure the separation of the judiciary from the executive organs of the
State.
Reference to art
Right to culture 23. National Culture
The State shall adopt measures to conserve the cultural traditions and heritage of the
people, and so to foster and improve the national language, literature and the arts that
all sections of the people are afforded the opportunity to contribute towards and to
participate in the enrichment of the national culture.

23A. The culture of tribes, minor races, ethnic sects and

communities
The State shall take steps to protect and develop the unique local culture and tradition
of the tribes, minor races, ethnic sects and communities.
Reference to art
24. National monuments, etc.
The State shall adopt measures for the protection against disfigurement, damage or
removal of all monuments, objects or places of special artistic or historic importance or
interest.
Reference to fraternity/solidarity
International human rights treaties 25. Promotion of international peace, security and
International law
solidarity
The State shall base its international relations on the principles of respect for national
sovereignty and equality, non-interference in the internal affairs of other countries,
peaceful settlement of international disputes, and respect for international law and the
principles enunciated in the United Nations Charter, and on the basis of those principles
shall-
a. strive for the renunciation of the use of force in international relations and for
general and complete disarmament;
b. uphold the right of every people freely to determine and build up its own social,
Right to self determination
economic and political system by ways and means of its own free choice; and
c. support oppressed peoples throughout the world waging a just struggle against
imperialism, colonialism or racialism.
PART III. FUNDAMENTAL RIGHTS
Constitutionality of legislation
26. Laws inconsistent with fundamental rights to be void
1. All existing law inconsistent with the provisions of this Part shall, to the extent of
such inconsistency, become void on the commencement of this Constitution.
2. The State shall not make any law inconsistent with any provisions of this Part,
and any law so made shall, to the extent of such inconsistency, be void.
3. Nothing in this article shall apply to any amendment of this Constitution made
under article 142.
General guarantee of equality

27. Equality before law
All citizens are equal before law and are entitled to equal protection of law.
General guarantee of equality

Equality regardless of religion 28. Discrimination on grounds of religion, etc.
Equality regardless of origin
Equality regardless of race
Equality regardless of gender 1. The State shall not discriminate against any citizen on ground only of religion,
race, caste, sex or place of birth.
2. Women shall have equal rights with men in all spheres of the State and of public
Equality regardless of gender life.
3. No citizen shall, on grounds only of religion, race, caste, sex or place of birth be
Access to higher education subjected to any disability, liability, restriction or condition with regard to access
to any place of public entertainment or resort, or admission to any educational
institution.

4. Nothing in this article shall prevent the State from making special provision in
favour of women or children or for the advancement of any backward section of
citizens.
29. Equality of opportunity in public employment

1. There shall be equality of opportunity for all citizens in respect of employment or
office in the service of the Republic.
2. No citizen shall, on grounds only of religion, race, caste, sex or place of birth, be
Equality regardless of origin ineligible for, or discriminated against in respect of, any employment or office in
Equality regardless of race
Equality regardless of religion
the service of the Republic.
Equality regardless of gender 3. Nothing in this article shall prevent the State from-
a. making special provision in favour of any backward section of citizens for
the purpose of securing their adequate representation in the service of
the Republic;
b. giving effect to any law which makes provision for reserving appointments
relating to any religious or denominational institution to persons of that
religion or denomination;
c. reserving for members of one sex any class of employment or office on
the ground that it is considered by its nature to be unsuited to members of
the opposite sex.
30. Prohibition of foreign titles, etc.

No citizen shall, without the prior approval of the President, accept any title, honour,
award or decoration from any foreign state.
Right to protect one's reputation

Inalienable rights 31. Right to protection of law
To enjoy the protection of the law, and to be treated in accordance with law, and only in
accordance with law, is the inalienable right of every citizen, wherever he may be, and of
every other person for the time being within Bangladesh, and in particular no action
detrimental to the life, liberty, body, reputation or property of any person shall be taken
except in accordance with law.
Right to life
32. Protection of right to life and personal liberty
No person shall be deprived of life or personal liberty save in accordance with law.
Protection from unjustified restraint

33. Safeguards as to arrest and detention
1. No person who is arrested shall be detained in custody without being informed,
Right to counsel as soon as may be of the grounds for such arrest, nor shall he be denied the right
to consult and be defended by a legal practitioner of his choice.
2. Every person who is arrested and detained in custody shall be produced before
the nearest magistrate within a period of twenty four hours of such arrest,
excluding the time necessary for the journey from the place of arrest to the court
of the magistrate, and no such person shall be detained in custody beyond the
said period without the authority of a magistrate.
3. Nothing in clauses (1) and (2) shall apply to any person-
a. who for the time being is an enemy alien; or
b. who is arrested or detained under any law providing for preventive
detention.
4. No law providing for preventive detention shall authorise the detention of a
person for a period exceeding six months unless an Advisory Board consisting of
three persons, of whom two shall be persons who are, or have been, or are
qualified to be appointed as, Judges of the Supreme Court and the other shall be
a person who is a senior officer in the service of the Republic, has, after affording
him an opportunity of being heard in person, reported before the expiration of the
said period of six months that there is, in its opinion, sufficient cause for such
detention.

5. When any person is detained in pursuance of an order made under any law
providing for preventive detention, the authority making the order shall, as soon
as may be, communicate to such person the grounds on which the order has been
made, and shall afford him the earliest opportunity of making a representation
against the order:
Provided that the authority making any such order may refuse to disclose facts
which such authority considers to be against the public interest to disclose.
6. Parliament may be law prescribe the procedure to be followed by an Advisory

Board in an inquiry under clause.
Prohibition of slavery
34. Prohibition of forced labour
1. All forms of forced labour are prohibited and any contravention of this provision
shall be an offence punishable in accordance with law.
2. Nothing in this article shall apply to compulsory labour-
a. by persons undergoing lawful punishment for a criminal offence; or
b. required by any law for public purpose.
35. Protection in respect of trial and punishment

1. No person shall be convicted of any offence except for violation of a law in force
Protection from ex post facto laws at the time of the commission of the act charged as an offence, nor be subjected
Principle of no punishment without law
to a penalty greater than, or different from that which might have been inflicted
under the law in force at the time of the commission of the offence.
2. No person shall be prosecuted and punished for the same offence more than
Prohibition of double jeopardy once.
3. Every person accused of a criminal offence shall have the right to a speedy and
Right to public trial public trial by an independent and impartial court or tribunal established by law.
Right to fair trial
Right to speedy trial
4. No person accused of any offence shall be compelled to be a witness against
Protection from self-incrimination himself.
5. No person shall be subjected to torture or to cruel, inhuman, or degrading
Prohibition of cruel treatment punishment or treatment.
Prohibition of torture
6. Nothing in clause (3) or clause (5) shall affect the operation of any existing law
which prescribes any punishment or procedure for trial.
Freedom of movement
36. Freedom of movement
Subject to any reasonable restrictions imposed by law in the public interest, every
citizen shall have the right to move freely throughout Bangladesh, to reside and settle in
any place therein and to leave and re-enter Bangladesh.
Freedom of assembly
37. Freedom of assembly
Every citizen shall have the right to assemble and to participate in public meetings and
processions peacefully and without arms, subject to any reasonable restrictions imposed
by law in the interests of public order health.
Right to join trade unions

Freedom of association 38. Freedom of association
Every citizen shall have the right to form associations or unions, subject to any
reasonable restrictions imposed by law in the interests of morality or public order:
Provided that no person shall have the right to form, or be a member of the said
association or union, if-
a. it is formed for the purposes of destroying the religious, social and communal
harmony among the citizens;
b. it is formed for the purposes of creating discrimination among the citizens, on the
ground of religion, race, caste, sex, place of birth or language;

c. it is formed for the purposes of organizing terrorist acts or militant activities

Terrorism
against the State or the citizens or any other country;
d. its formation and objects are inconsistent with the Constitution.
39. Freedom of thought and conscience, and of speech

1. Freedom of thought and conscience is guaranteed.
Freedom of opinion/thought/conscience 2. Subject to any reasonable restrictions imposed by law in the interests of the
Freedom of press security of the State, friendly relations with foreign states, public order, decency
Freedom of expression
or morality, or in relation to contempt of court, defamation or incitement to an
offence-
a. the right of every citizen of freedom of speech and expression; and
b. freedom of the press
are guaranteed.
Right to choose occupation

Right to establish a business 40. Freedom of profession or occupation
Subject to any restrictions imposed by law, every citizen possessing such qualifications,
if any, as may be prescribed by law in relation to his profession, occupation, trade or
business shall have the right to enter upon any lawful profession or occupation, and to
conduct any lawful trade or business.
Freedom of religion
41. Freedom of religion
1. Subject to law, public order and morality-
a. every citizen has the right to profess, practice or propagate any religion;
b. every religious community or denomination has the right to establish,
maintain and manage its religious institutions.
2. No person attending any educational institution shall be required to receive
religious instruction, or to take part in or to attend any religious ceremony or
worship, if that instruction, ceremony or worship relates to a religion other than
his own.
Protection from expropriation

42. Rights to property
1. Subject to any restrictions imposed by law, every citizen shall have the right to
Right to transfer property acquire, hold, transfer or otherwise dispose of property, and no property shall be
Right to own property
compulsorily acquired, nationalized or requisitioned save by authority of law.
2. A law made under clause (1) of this article shall provide for the acquisition,
nationalisation or requisition with compensation and shall fix the amount of
compensation or specify the principles on which, and the manner in which, the
compensation is to be assessed and paid ; but no such law shall be called in
question in any court on the ground that any provision of the law in respect of
such compensation is not adequate.
Right to privacy
Regulation of evidence collection 43. Protection of home and correspondence
Every citizen shall have the right, subject to any reasonable restrictions imposed by law
in the interests of the security of the State, public order, public morality or public health-
1. to be secured in his home against entry, search and seizure; and
2. to the privacy of his correspondence and other means of communication.
44. Enforcement of fundamental rights

1. The right to move the High Court Division in accordance with clause (1) of article
102, for the enforcement of the rights conferred by this Part is guaranteed.

2. Without prejudice to the powers of the High Court Division under article 102,
Parliament may by law empower any other court, within the local limits of its
jurisdiction, to exercise all or any of those powers.
45. Modification of rights in respect of disciplinary law

Nothing in this Part shall apply to any provision of a disciplinary law relating to members
of a disciplined force, being a provision limited to the purpose of ensuring the proper
discharge of their duties or the maintenance of discipline in that force.
46. Power to provide indemnity

Notwithstanding anything in the foregoing provisions of this Part, Parliament may by
law make provision for indemnifying any person in the service of the Republic or any
other person in respect of any act done by him in connection with the national liberation
struggle or the maintenance or restoration of other in any area in Bangladesh or
validate any sentence passed, punishment inflicted, forfeiture ordered, or other act done
in any such area.
47. Saving for certain laws

1. No law providing for any of the following matters shall be deemed to be void on
the ground that it is inconsistent with, or takes away or abridge, any of the rights
guaranteed by this Part-
a. the compulsory acquisition, nationalisation or requisition of any property,
or the control or management thereof whether temporarily or
permanently;
b. the compulsory amalgamation of bodies carrying on commercial or other
undertakings;
c. the extinction, modification, restriction or regulation of rights of directors,
managers, agents and officers of any such bodies, or of the voting rights of
persons owning shares or stock (in whatever form) therein;
d. the extinction, modification, restriction or regulation of the right to search
for or win minerals or mineral oil;
e. the carrying on by the Government or by a corporation owned, controlled
or managed by the Government, of any trade, business, industry or
service to the exclusion, complete or partial, or other persons; or
f. the extinction, modification, restriction or regulation of any right to
property, any right in respect of a profession, occupation, trade or
business or the rights of employers or employees in any statutory public
authority or in any commercial or industrial undertaking;
if Parliament in such law (including, in the case of existing law, by amendment)

expressly declares that such provision is made to give effect to any of the
fundamental principles of state policy set out in Part II of this Constitution.
2. Notwithstanding anything contained in this Constitution the laws specified in the

First Schedule (including any amendment of any such law) shall continue to have
full force and effect, and no provision of any such law, nor anything done or
omitted to be done under the authority of such law, shall be deemed void or
unlawful on the ground of inconsistency with, or repugnance to, any provision of
this Constitution:
Provided that nothing in this article shall prevent amendment, modification or

repeal of any such law.
3. Notwithstanding anything contained in this Constitution, no law nor any

International law provision thereof providing for detention, prosecution or punishment of any
Legal status of treaties
person, who is a member of any armed or defence or auxiliary forces or any
individual, group of individuals or organisation or who is a prisoner of war, for
genocide, crimes against humanity or war crimes and other crimes under
international law shall be deemed void or unlawful, or ever to have become void
or unlawful, on the ground that such law or provision of any such law is
inconsistent with, or repugnant to, any of the provisions of this Constitution.

47A. Inapplicability of certain articles

1. The rights guaranteed under article 31, clauses (1) and (3) of article 35 and
article 44 shall not apply to any person to whom a law specified in clause (3) of
article 47 applies.
2. Notwithstanding anything contained in this Constitution, no person to whom a
law specified in clause (3) of article 47 applies shall have the right to move the
Supreme Court for any of the remedies under this Constitution.
PART IV. THE EXECUTIVE
Chapter I. The President

Name/structure of executive(s) 48. The President
1. There shall be a President of Bangladesh who shall be elected by members of
Head of state selection Parliament in accordance with law.
2. The President shall as Head of State, take precedence over all other persons in
the State, and shall exercise the powers and perform the duties conferred and
imposed on him by this Constitution and by any other law.
3. In the exercise of all his functions, save only that of appointing the Prime Minister
pursuant to clause (3) of article 56 and the Chief Justice pursuant to clause (1) of
article 95, the President shall act in accordance with the advice of the Prime
Minister:
Provided that the question whether any, and if so what, advice has been
tendered by the Prime Minister to the President shall not be enquired into in any
court.
4. A person shall not be qualified for election as President if he-

Eligibility for head of state a. is less than thirty-five years of age; or
Minimum age of head of state b. is not qualified for election as a member of Parliament; or
c. has been removed from the office of President by impeachment under this
Constitution.
5. The Prime Minister shall keep the President informed on matters of domestic
Foreign affairs representative and foreign policy, and submit for the consideration of the Cabinet any matter
which the President may request him to refer to it.
Power to pardon 49. Prerogative of mercy

The President shall have power to grant pardons, reprieves and respites and to remit,
suspend or commute any sentence passed by any court, tribunal or other authority.
50. Term of office of President

1. Subject to the provisions of this Constitution, the President shall hold office for a
Head of state term length term of five years from the date on which he enters upon his office:
Provided that notwithstanding the expiration of his term the President shall
continue to hold office until his successor enters upon office.
2. No person shall hold office as President for more than two terms, whether or not
Head of state term limits the terms are consecutive.
3. The President may resign his office by writing under his hand addressed to the
Speaker.
4. The President during his term of office shall not be qualified for election as a
Outside professions of legislators member of Parliament, and if a member of Parliament is elected as President he
shall vacate his seat in Parliament on the day on which he enters upon his office
as President.

Head of state immunity 51. President's immunity

1. Without prejudice to the provisions of article 52, the President shall not be
answerable in any court for anything done or omitted by him in the exercise or
purported exercise of the functions of this office, but this clause shall not
prejudice the right of any person to take proceedings against the Government.
2. During his term of office no criminal proceedings whatsoever shall be instituted
or continued against the President in, and no process for his arrest or
imprisonment shall issue from, any court.
Head of state removal 52. Impeachment of the President

1. The President may be impeached on a charge of violating this Constitution or of
grave misconduct, preferred by a notice of motion signed by a majority of the
total number of members of the Parliament and delivered to the speaker, setting
out the particulars of the charge, and the motion shall not be debated earlier than
fourteen nor later than thirty days after the notice is so delivered; and the
Speaker shall forthwith summon Parliament if it is not in session.
2. The Conduct of the President may be referred by Parliament to any court,
tribunal or body appointed or designated by Parliament for the investigation of a
charge under this article.
3. The President shall have the right to appear and to be represented during the
consideration of the charge.
4. If after the consideration of the charge a resolution is passed by Parliament by
votes of not less than two-thirds of the total number of members declaring that
the charge has been substantiated, the President shall vacate his office on the
date on which the resolution is passed.
5. Where the Speaker is exercising the functions of the President under article 54
the provisions of this article shall apply subject to the modifications that the
reference to the Speaker in clause (1) shall be construed as a deference to the
Deputy Speaker, and that the reference in clause (4) to the vacation by the
President of his office shall be construed as a reference to the vacation by the
Speaker of his office as Speaker; and on the passing of a resolution such as is
referred to in clause (4) the Speaker shall cease to exercise the functions of
President.
Head of state removal 53. Removal of President on ground of incapacity

1. The President may be removed from office on the ground of physical or mental
incapacity on a motion of which notice, signed by a majority of the total number
of members of Parliament, is delivered to the Speaker, setting out particulars of
the alleged incapacity.
2. On receipt of the notice the Speaker shall forthwith summon Parliament if it is
not in session and shall call for a resolution constituting a medical board
(hereinafter in this article called "the Board") and upon the necessary motion
being made and carried shall forthwith cause a copy of the notice to be
transmitted to the President together with a request signed by the Speaker that
the President submit himself within a period of ten days from the date of the
request to an examination by the Board.
3. The motion for removal shall not be put to the vote earlier than fourteen nor
later than thirty days after notice of the motion is delivered to the Speaker, and if
it is again necessary to summon Parliament in order to enable the motion to be
made within that period, the Speaker shall summon Parliament.
4. The President shall have the right to appear and to be represented during the
consideration of the motion.
5. If the President has not submitted himself to an examination by the Board before
the motion is made in Parliament, the motion may be put to the vote, and if it is
passed by the votes of not less than two-thirds of the total number of members
of Parliament, the President shall vacate his office on the date on which the
motion is passed.
6. If before the motion for removal is made in Parliament, the President has
submitted himself to an examination by the Board, the motion shall not be put to
the vote until the Board has been given an opportunity of reporting its opinion to
Parliament.

7. If after consideration by Parliament of the motion and of the report of the Board
(which shall be submitted within seven days of the examination held pursuant to
clause (2) and if not so submitted shall be dispensed with) the motion is passed
by the votes of not less than two-thirds of the total number of members of
Parliament, the President shall vacate his office on the date on which the
resolution is passed.
Head of state replacement 54. Speaker to act as President during absence, etc.
If a vacancy occurs in the office of President or if the President is unable to discharge the
functions of his office on account of absence, illness or any other cause of Speaker shall
discharge those functions until a President is elected or until the President resumes the
functions of his office, as the case may be.
Chapter II. The Prime Minister And The Cabinet

Establishment of cabinet/ministers 55. The Cabinet
1. There shall be a Cabinet for Bangladesh having the Prime Minister at its head
Name/structure of executive(s) and comprising also such other Ministers as the Prime Minister may from time to
time designate.
2. The executive power of the Republic shall, in accordance with this Constitution,
be exercised by or on the authority of the Prime Minister.
3. The Cabinet shall be collectively responsible to Parliament.
Cabinet removal 4. All executive actions of the Government shall be expressed to be taken in the
name of the President.
5. The President shall by rules specify the manner in which orders and other
instruments made in his name shall be attested or authenticated, and the validity
or any order of instrument so attested or authenticated shall not be questioned
in any court on the ground that it was not duly made or executed.
6. The President shall make rules for the allocation and transaction of the business
of the Government.
56. Ministers
1. There shall be Prime Minister, and such other Ministers, Ministers of State and
Deputy Ministers as may be determined by the Prime Minister.
2. The appointments of the Prime Minister and other Ministers and of the Ministers
Outside professions of legislators of State and Deputy Ministers, shall be made by the President:
Head of government selection
Cabinet selection
Eligibility for cabinet Provided that not less than nine-tenths of their number shall be appointed from
among members of Parliament and not more than one-tenth of their number
may be chosen from among persons qualified for election as members of
Parliament.
3. The President shall appoint as Prime Minister the member of Parliament who
Minimum age of head of government appears to him to command the support of the majority of the members of
Head of government's role in the legislature
Parliament.
4. If occasion arises for making any appointment under clause (2) or clause (3)
between a dissolution of Parliament and the next following general election of
members of Parliament, the persons who were such members immediately
before the dissolution shall be regarded for the purpose of this clause as counting
to be such members.
Head of government removal 57. Tenure of office of Prime Minister

1. The office of the Prime Minister shall be vacant-
a. if he resigns from office at any time by placing his resignation in the hands
of the President; or
b. if he ceases to be a member of Parliament.
2. If the Prime Minister ceases to retain the support of a majority of the members
of Parliament, he shall either resign his office or advise the President shall, if he is
satisfied that no other member of Parliament commands the support of the
majority of the members of Parliament, dissolve Parliament accordingly.

3. Nothing in this article shall disqualify the Prime Minister for holding office until his
successor has entered upon office.
Cabinet removal 58. Tenure of office of other Ministers

1. The office of a Minister other than the Prime Minister shall become vacant-
a. if he resigns from office by placing his resignation in the hands of the
Prime Minister for submission to the President;
b. if he ceases to be a member of Parliament, but this shall not be applicable
Head of government replacement to a Minister chosen under the proviso to article 56(2);
c. if the President, pursuant to the provisions of clause (2), so directs; or
d. as provided in clause (4).
2. The Prime Minister may at any time request a Minister to resign, and if such
Minister fails to comply with the request, may advise the President to terminate
the appointment of such Minister.
3. Nothing in Sub-clauses (a), (b), and (d) of clause (1) shall disqualify a Minister for
holding office during any period in which Parliament stands dissolved.
4. If the Prime Minister resigns from or ceases to hold office, each of the other
Ministers shall be deemed also to have resigned from office but shall, subject to
the provisions of the Chapter, continue to hold office until his successor has
entered upon office.
5. In this article "Minister" includes Minister of State and Deputy Minister.
Chapter IIA. Non-Party Care Taker Government

[Omitted]
Municipal government
Chapter III. Local Government
59. Local Government

1. Local Government in every administrative unit of the Republic shall be entrusted
to bodies, composed of persons elected in accordance with law.
2. Everybody such as is referred to in clause (1) shall, subject to this Constitution
and any other law, perform within the appropriate administrative unit such
functions as shall be prescribed by Act of Parliament, which may include functions
relating to-
a. administration and the work of public officers;
b. the maintenance of public order;
c. the preparation and implementation of plans relating to public services
Municipal government and economic development.
60. Powers of local government bodies

For the purpose of giving full effect to the provisions of article 59, Parliament shall, by
law, confer powers on the local government bodies referred to in that article, including
power to impose taxes for local purposes, to prepare their budgets and to maintain
funds.
Designation of commander in chief

Chapter IV. The Defence Services
Selection of active-duty commanders 61. Supreme Command
The supreme command of the defence services of Bangladesh shall vest in the President
and the exercise thereof shall be regulated by law.
62. Recruitment, etc., of defence services

1. Parliament shall by law provide for regulating-
a. the raising and maintaining of the defence services of Bangladesh and of
their reserves;
b. the grant of commissions therein;

1. c. the appointment of Chief of Staff of the defence services, and their

salaries and allowances; and
d. the discipline and other matters relating to those services and reserves.
2. Until Parliament by law provides for the matters specified in clause (1), the
Power to declare/approve war President may, by order, provide for such of them as are not already subject to
existing law.
63. War
1. War shall not be declared and the Republic shall not participate in any war except
with the assent of Parliament.
Attorney general
Chapter V. The Attorney-General
64. The Attorney-General
1. The President shall appoint a person who is qualified to be appointed as a judge
of the Supreme Court to be Attorney-General for Bangladesh.
2. The Attorney-General shall perform such duties as may be assigned to him by
the President.
3. In the performance of his duties, the Attorney-General shall have the right of
audience in all courts of Bangladesh.
4. The Attorney-General shall hold office during the pleasure of the President, and
shall receive such remuneration as the President may determine.
PART V. THE LEGISLATURE
Structure of legislative chamber(s)

Chapter I. Parliament
65. Establishment of Parliament

1. There shall be a Parliament for Bangladesh (to be known as the House of the
Nation) in which subject to the provisions of this Constitution, shall be vested the
legislative powers of the Republic:
First chamber selection Provided that nothing in this clause shall prevent Parliament from delegating to
Size of first chamber
any person or authority, by Act of Parliament, power to make orders, rules,
regulations, bye-laws or other instruments having legislative effect.
2. Parliament shall consist of three hundred members to be elected in accordance

First chamber representation quotas with law from single territorial constituencies by direct election and, for so long
First chamber selection
as clause (3) is effective, the members provided for in that clause; the member
shall be designated as Members of Parliament.
3. Until the dissolution of Parliament occurring next after the expiration of the
period of ten years beginning from the date of the first meeting of the Parliament
next after the Parliament in existence at the time of the commencement of the
Constitution (Fourteenth Amendment) Act, 2004, there shall be reserved fifty
seats exclusively for women members and they will be elected by the aforesaid
members in accordance with law on the basis of procedure of proportional
representation in the Parliament through single transferable vote:
Provided that nothing in this clause shall be deemed to prevent a woman from
being elected to any of the seats provided for in clause (2) of this article.
3A. For the remaining period of the Parliament in existence at the time of the
commencement of the Constitution (Fifteenth Amendment) Act, 2011,
Parliament shall consist of three hundred members elected by direct election
provided for in clause (2) and fifty women members provided for in clause (3).
4. The seat of Parliament shall be in the capital.
Removal of individual legislators
Eligibility for first chamber
Minimum age for first chamber
Eligibility for head of government
Minimum age of head of government
Bangladesh 1972
Eligibility for head (reinst. 1986,
of state rev. 2014) Page 20
66. Qualifications and disqualifications for election to Parliament

1. A person shall subject to the provisions of clause (2), be qualified to be elected as,
Eligibility for head of government and to be, a member of Parliament if he is a citizen of Bangladesh and has
Eligibility for first chamber
Eligibility for head of state
attained the age of twenty-five years.
2. A person shall be disqualified for election as, or for being, a member of Parliament
who-
a. is declared by a competent court to be of unsound mind;
b. is an undercharged insolvent;
c. acquires the citizenship of, or affirms of acknowledges allegiance to, a
foreign state;
d. has been, on conviction for a criminal offence involving moral turpitude,
sentenced to imprisonment for a term of not less than two years unless a
period of five years has elapsed since his release;
e. has been convicted of any offence under the Bangladesh Collaborators
Outside professions of legislators (Special Tribunals) Order, 1972;
f. holds any office of profit in the service of the Republic other than an office
which is declared by law not to be disqualified its holder; or
g. is disqualified for such election by or under any law.
2A. Notwithstanding anything contained in sub-clause (c) of clause (2) of this article,
if any person being a citizen of Bangladesh by birth acquires the citizenship of a
foreign State and thereafter such person-
i. in the case of dual citizenship, gives up the foreign citizenship ; or
ii. in other cases, again accepts the citizenship of Bangladesh-
for the purposes of this article, he shall not be deemed to acquire the citizenship
of a foreign State.
3. For the purposes of this article, a person shall not be deemed to hold an office of
Outside professions of legislators profit in the service of the Republic by reason only that he is the President, Prime
Minister, the Speaker, the Deputy Speaker, a Minister, Minister of State or
Deputy Minister.
4. If any dispute arises as to whether a member of Parliament has, after his
election, become subject to any of the disqualifications mentioned in clause (2) or
as to whether a member of Parliament should vacate his seat pursuant to article
70, the dispute shall be referred to the Election Commission to hear and
determine it and the decision of the Commission on such reference shall be final.
5. Parliament may, by law, make such provision as it deems necessary for
empowering the Election Commission to give full effect to the provisions of
clause (4).
Removal of individual legislators 67. Vacation of seats of members

1. A member of Parliament shall vacate his seat-
a. if he fails, within the period of ninety days from the date of the first
meeting of Parliament after his election, to make and subscribe the oath
or affirmation prescribed for a member of Parliament in the Third
Schedule:
Provided that the Speaker may, before the expiration of that period, for
good cause extend it;-
b. if he is absent from Parliament, without the leave of Parliament, for ninety

Attendance by legislators consecutive sitting days;
c. upon a dissolution of Parliament;
d. if he has incurred a disqualification under clause (2) of article 66; or
e. in the circumstances specified in article 70.
2. A member of Parliament may resign his seat by writing under his hand addressed
to the Speaker, and the seat shall become vacant when the writing is received by
the Speaker or, if the office of Speaker is vacant or the Speaker is for any reason
unable to perform his functions, by the Deputy Speaker.
Compensation of legislators

68. Remuneration, etc., of members of Parliament

Members of Parliament shall be entitled to such remuneration, allowances and
privileges as may be determined by Act of Parliament or, until so determined, by order
made by the President.
69. Penalty for member sitting or voting before taking oath

If a person sits or votes as a member of Parliament before he makes or subscribes the
oath or affirmation in accordance with this Constitution, or when he knows that he is not
qualified or is disqualified for membership thereof, he shall be liable in respect of each
day on which he so sits or votes to a penalty of one thousand taka to be recovered as a
debt due to the Republic.
70. Vacation of seat on resignation, etc.

1. A person elected as a member of Parliament at an election at which he was
nominated as a candidate by a political party shall vacate his seat if he-
a. resigns from that party; or
b. votes in Parliament against the party;
but shall not thereby be disqualified for subsequent election as a member of

Parliament.
71. Bar against double membership

1. No person shall at the same time be a member of Parliament in respect of two or
more constituencies.
2. Nothing in clause (1) shall prevent a person from being at the same time a
candidate for two or more constituencies, but in the event of his being elected for
more than one-
a. within thirty days after his last election the person elected shall deliver to
the Chief Election Commissioner a signed declaration specifying the
constituency which he wishes to represent, and the seats of the other
constituencies for which he was elected shall thereupon fall vacant;
b. if the person elected fails to comply with Sub-clause (a) all the seats for
which he was elected shall fall vacant;
c. the person elected shall not make or subscribe the oath or affirmation of a
member of Parliament until the foregoing provisions of this clause, so far
as applicable, have been complied with.
72. Sessions of Parliament

1. Parliament shall be summoned, prorogued and dissolved by the President by
Dismissal of the legislature public notification and when summoning Parliament the President shall specify
the time and place of the first meeting:
Provided that except the period of ninety days as mentioned in clause (a) of
clause (3) of article 123 for remaining term a period exceeding sixty days shall
not intervene between the end of one session and the first sitting of Parliament
in the next session;
Provided further that in the exercise of his functions under this clause, the
President shall act in accordance with the advice of the Prime Minister tendered
to him in writing.
2. Notwithstanding the provisions of clause (1) Parliament shall be summoned to

meet within thirty days after the declaration of the results of polling at any
general election of members of Parliament.
3. Unless sooner dissolved by the President, Parliament shall stand dissolved on the
Emergency provisions expiration of the period of five years from the date of its first meeting:
Extraordinary legislative sessions
Term length for first chamber
Provided that at any time when the Republic is engaged in war the period may be
extended by Act of Parliament by not more than one year at a time but shall not
be so extended beyond six months after the termination of the war.

4. If after a dissolution and before the holding of the next general election of
Emergency provisions members of Parliament the President is satisfied that owing to the existence of a
Extraordinary legislative sessions
state of war in which the Republic is engaged it is necessary to recall Parliament,
the President shall summon the Parliament that has been dissolved to meet.
5. Subject to the provisions of clause (1), the sittings of Parliament shall be held at
such times and places as Parliament may by its rules of procedure or otherwise
determine.
73. President's address and messages to Parliament

1. The President may address Parliament, and may send messages thereto.
2. At the commencement to the first session after a general election of members of
Legislative oversight of the executive Parliament and at the commencement of the first session of each year the
President shall address Parliament.
3. Parliament shall, after the presentation of an address by the President, or the
receipt of a message from him, discuss the matter referred to in such address or
message.
73A. Rights of Ministers as respects Parliament

1. Every Minister shall have the right to speak in, and otherwise to take part in the
proceedings of, Parliament, but shall not be entitled to vote or to speak on any
matter not related to his Ministry unless he is a member of Parliament also.
2. In this article, "Minister" includes a Prime Minister, Minister of State and Deputy
Minister.
74. Speaker and Deputy Speaker

1. Parliament shall at the first sitting after any general election elect from among
Leader of first chamber its members a Speaker and a Deputy Speaker, and if either office becomes
vacant shall within seven days or, if Parliament is not then sitting, at its first
meeting thereafter, elect one of its members to fill the vacancy.
2. The Speaker or Deputy Speaker shall vacate his office-
a. if he ceases to be a member of Parliament;
b. if he becomes a Minister;
c. if Parliament passes a resolution (after not less than fourteen days, notice
has been given of the intention to move the resolution) supported by the
votes of a majority of all the members thereof, requiring his removal from
office;
d. if he resigns his office by writing under his hand delivered to the President;
e. if after a general election another member enters upon that office; or
f. in the case of the Deputy Speaker, if he enters upon the office of Speaker.
3. While the office of the Speaker is vacant or the Speaker is acting as President, or
if it is determined by Parliament that the Speaker is otherwise unable to perform
the functions of his office, those functions shall be performed by the Deputy
Speaker or, if the office of the Deputy Speaker is vacant, by such member of
Parliament as may be determined by or under the rules of procedure of
Parliament; and during the absence of the Speaker from any sitting of Parliament
the Deputy Speaker or, if he also is absent, such person as may be determined by
or under the rules of procedure, shall act as Speaker.
4. At any sitting of Parliament, while a resolution for the removal of the Speaker
from his office is under consideration the Speaker (or while any resolution for the
removal of the Deputy Speaker form his office is under consideration, the Deputy
Speaker) shall not preside, and the provisions of clause (3) shall apply in relation
to every such sitting as they apply in relation to a sitting from which the Speaker
or, as the case may be the Deputy Speaker is absent.
5. The Speaker or the Deputy Speaker, as the case may be, shall have the right to
speak in, and otherwise to take part in, the proceedings of Parliament while any
resolution for his removal from office is under consideration in Parliament, and
shall be entitled to vote but only as a member.
6. Notwithstanding the provisions of clause (2) the Speaker or, as the case may be,
the deputy speaker, shall be deemed to continue to hold office until his successor
has entered upon office.

75. Rules of procedure, quorum, etc.

1. Subject to this Constitution-
a. the procedure of Parliament shall be regulated by rules of procedure made
by it, and until such rules are made shall be regulated by rules of
procedure made by the President;
b. a decision in Parliament shall be taken by a majority of the votes of the
members present and voting, but the person presiding shall not vote
except when there is an equality of votes, in which case he shall exercise a
casting vote;
c. no proceeding in Parliament shall be invalid by reason only that there is a
vacancy in the membership thereof or that a person who was not entitled
to do so was present at, or voted or otherwise participated in, the
proceeding.
2. If at any time during which Parliament is in session the attention of the person
Quorum for legislative sessions presiding is drawn to the fact that the number of members present is less than
sixty, he shall either suspend the meeting until at least sixty members are
present, or adjourn it.
Legislative committees 76. Standing committees of Parliament

1. Parliament shall appoint from among its members the following standing
committees, that is to say-
a. a public accounts committee;
b. committee of privileges; and
c. such other standing committees as the rules of procedure of Parliament
require.
2. In addition to the committees referred to in clause (1), Parliament shall appoint
other standing committees, and a committee so appointed may, subject to his
Constitution and to any other law-
a. examine draft Bills and other legislative proposals;
b. review the enforcement of laws and propose measures for such
enforcement;
c. in relation to any matter referred to it by Parliament as a matter of public
Legislative oversight of the executive importance, investigate or inquire into the activities or administration of a
Ministry and may require it to furnish, through an authorised
representative, relevant information and to answer questions, orally or in
writing;
d. perform any other function assigned to it by Parliament.
3. Parliament may by law confer on committees appointed under this article powers
for-
a. enforcing the attendance of witnesses and examining them on oath,
affirmation or otherwise;
b. compelling the production of documents.
Ombudsman 77. Ombudsman

1. Parliament may, by law, provide for the establishment of the office of
Ombudsman.
2. The Ombudsman shall exercise such powers and perform such functions as
Parliament may, by law, determine, including the power to investigate any action
taken by a Ministry, a public officer or a statutory public authority.
3. The Ombudsman shall prepare an annual report concerning the discharge of his
functions, and such report shall be laid before Parliament.
Immunity of legislators 78. Privileges and immunities of Parliament and members

1. The validity of the proceedings in Parliament shall not be questioned in any court.
2. A member or officer of Parliament in whom powers are vested for the regulation
of procedure, the conduct of business or the maintenance of order in Parliament,
shall not in relation to the exercise by him of any such powers be subject to the
jurisdiction of any court.
3. A member of Parliament shall not be liable to proceedings in any court in respect
of anything said, or any vote given, by him in Parliament or in any committed
thereof.

4. A person shall not be liable to proceedings in any court in respect of the

publication by or under the authority of Parliament of any report, paper, vote or
proceeding.
5. Subject to this article, the privileges of Parliament and of its committees and
Legislative committees members may be determined by Act of Parliament.
79. Secretariat of Parliament

1. Parliament shall have its own Secretariat.
2. Parliament may, by law, regulate the recruitment and conditions of service of
persons appointed to the Secretariat of Parliament.
3. Until provision is made by Parliament the President may, after consultation with
the Speaker, make rules regulating the recruitment and condition of service of
persons appointed to the Secretariat of Parliament, and rules so made shall have
effect subject to the provisions of any law.
Chapter II. Legislative And Financial Procedures

80. Legislative procedure
1. Every proposal in Parliament for making law shall be made in the form of a Bill.
2. When a Bill is passed by Parliament it shall be presented to the President for
Approval or veto of general legislation assent.
3. The President within fifteen days after a Bill is presented to him, shall assent to
Tax bills the Bill or, in the case of a Bill other than a money Bill, may return it to Parliament
Spending bills
Approval or veto of general legislation
with a message requesting that the Bill or any particular provisions thereof by
Finance bills reconsidered, and that any amendments specified by him in the message be
considered; and if he fails so to do he shall be deemed to have assented to the Bill
at the expiration of that period.
4. If the President so returns the Bill Parliament shall consider it together with the
Veto override procedure President's message, and if the Bill is again passed by Parliament with or without
amendments, it shall be presented to the President for his assent, whereupon the
President shall assent to the Bill within the period of seven days after it has been
presented to him, and if he fails to do so he shall be deemed to have assented to
the Bill on the expiration of that period.
5. When the President has assented or is deemed to have assented to a Bill passed
by Parliament it shall become law and shall be called an Act of Parliament.
Tax bills
Spending bills
81. Money Bills
Finance bills
1. In this Part "Money Bill" means a Bill containing only provisions dealing with all or
any of the following matters-
a. the imposition, regulation, alteration, remission or repeal of any tax;
b. the borrowing of money or the giving of any guarantee by the
Government, or the amendment of any law relating to the financial
obligations of the Government;
c. the custody of the Consolidated Fund, the payment of money into, or the
issue or appropriation of moneys from, the Fund;
d. the imposition of a charge upon the Consolidated Fund, or the alteration
or abolition of any such charge;
e. the receipt of moneys on account of the Consolidated Fund or the Public
Account of the Republic, or the custody or issue of such moneys, or the
audit of the accounts of the Government;
f. any subordinate matter incidental to any of the matters specified in the
foregoing sub clauses.
2. A Bill shall not be deemed to be a Money Bill by reason only that it provides for
the imposition or alteration of any fine or other pecuniary penalty, or for the levy
or payment of a licence fee or a fee or charge for any service rendered, or by
reason only that it provides for the imposition, regulation, alteration, remission or
repeal of any tax by a local authority or body for local purposes.
3. Every Money Bill shall, when it is presented to the President for his assent, bear
a certificate under the hand of the Speaker that it is a Money Bill, and such
certificate shall be conclusive for all purposes and shall not be questioned in any
court.

Finance bills
Spending bills
82. Recommendation for financial measures
Tax bills
No Money Bill, or any Bill which involves expenditure from public moneys, shall be
introduced into Parliament except on the recommendation of the President:
Provided that in any Money Bill no recommendation shall be required under this article
for the moving of an amendment making provision for the reduction or abolition of any
tax.
83. No taxation except by or under Act of Parliament

No tax shall be levied or collected except by or under the authority of an Act of
Parliament.
84. Consolidated Fund and the Public Account of the Republic

1. All revenues received by the Government, all loans raised by the Government,
and all moneys received by it in repayment of any loan, shall form part of one
fund to be known as the Consolidated Fund.
2. All other public moneys received by or on behalf of the Government shall be
credited to the Public Account of the Republic.
85. Regulation of public moneys

The custody of public moneys, their payment into and the withdrawal from the
Consolidated Fund or, as the case may be, the Public Account of the Republic, and
matters connected with or ancillary to the matters aforesaid, shall be regulated by Act
of Parliament, and until provision in that behalf is so made, by rules made by the
President.
86. Moneys payable to Public Account of Republic

All moneys received by or deposited with-
a. any person employed in the service of the Republic or in connection with the
affairs of the Republic, other than revenues or moneys which by virtue of clause
(1) of article 84 shall form part of the Consolidated Fund; or
b. any court to the credit of any cause, matter, account or persons,
shall be paid into the Public Account of the Republic.
Budget bills 87. Annual financial statement

1. There shall be laid before Parliament, in respect of each financial year, a
statement of the estimated receipts and expenditure of the Government for that
year, in this Part referred to as the annual financial statement.
2. The annual financial statement shall show separately-
a. the sums required to meet expenditure charged by or under this
Constitution upon the Consolidated Fund; and
b. the sums required to meet other expenditure proposed to be made from
the Consolidated Fund;
and shall distinguish expenditure on revenue account from other expenditure.
88. Charges on Consolidated Fund

The following expenditure shall be charged upon the Consolidated Fund-
a. the remuneration payable to the President and other expenditure relating to his
office;
b. the remuneration payable to-
i. the Speaker and Deputy Speaker;

b. ii. the Judges of the Supreme Court;
iii. the Comptroller and Auditor-General;
iv. the Election Commissioners;
v. the members of the Public Service Commissions;
c. the administrative expenses of, including remuneration payable to, officers and
servants of Parliament, the Supreme Court, the Comptroller and Auditor-
General, the Election Commission and the Public Service Commissions.
d. all debt charges for which the Government is liable, including interest, sinking
fund charges, the repayment or amortisation of capital, and other expenditure in
connection with the raising of loans and the service and redemption of debt;
e. any sums required to satisfy a judgment, decree or award against the Republic by
any court or tribunal; and
f. any other expenditure charged upon the Consolidated Fund by this Constitution
or by Act of Parliament.
Budget bills 89. Procedure relating to annual financial statement

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.
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.
3. No demand for a grant shall be made except on the recommendation of the
President.
Spending bills 90. Appropriation Act

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
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.
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.
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.
91. Supplementary and excess grants

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
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.
92. Votes on account, votes of credit, etc.

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;
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;
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.
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.
3. Notwithstanding anything contained in the foregoing provisions of the 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
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 year, pending the making of the grants and passing of the law.
92A. Authorisation of expenditure in certain cases

[Omitted]
Chapter III. Ordinance Making Power

Head of state decree power 93. Ordinance making power
1. At any time when 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.

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.
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.
4. Every Ordinance promulgated under clause (3) shall be laid before Parliament as
soon as may be, and the provisions for articles 87, 89 and 90 shall, with
necessary adaptations, be complied with in respect thereof within thirty days of
the reconstitution of Parliament.
PART VI. THE JUDICIARY
Chapter I. The Supreme Court

Structure of the courts 94. Establishment of Supreme Court
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.
2. The Supreme Court shall consist of the Chief Justice, to be known as the Chief
Number of supreme court judges Justice of Bangladesh, and such number of other Judges as the President may
deem it necessary to appoint to each division.
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.
4. Subject to the provisions of this Constitution the Chief Justice and the other
Judicial independence Judges shall be independent in the exercise of their judicial functions.
95. Appointment of Judges

1. The Chief Justice shall be appointed by the President, and the other Judges shall
Supreme court selection be appointed by the President after consultation with the Chief Justice.
2. A person shall not be qualified for appointment as a Judge unless he is a citizen of
Eligibility for supreme court judges Bangladesh and-
a. has, for not less than ten years, been an advocate of the Supreme Court;
or
b. has, for not less than ten years, held judicial office in the territory of
Bangladesh; or
c. has such other qualifications as may be prescribed by law for appointment
as a Judge of the Supreme Court.
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.
Supreme/ordinary court judge removal 96. Tenure of office of Judges

1. Subject to the other provisions of this article, a Judge shall hold office until he
Mandatory retirement age for judges attains the age of sixty seven years.
Supreme court term length
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.
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.
4. A Judge may resign his office by writing under his hand addressed to the
President.

97. Temporary appointment of Chief Justice

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.
Supreme court selection 98. Additional Supreme Court Judges

Notwithstanding the provisions of article 94, if the President is satisfied that the
number of the Judge 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.
99. Disabilities of Judges after retirement

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 office of profit in
the service of the Republic not being a judicial or quasi-judicial office.
2. Notwithstanding anything contained in clause (1), a person who has held office as
a Judge of the High Court Division may, after his retirement or removal
therefrom, plead or act before the Appellate Division.
100. Seat of Supreme Court

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.
Right to appeal judicial decisions 101. Jurisdiction of High Court Division

The High Court Division shall have such original, appellate and other jurisdictions,
powers and functions as are or may be conferred on it by this Constitution or any other
law.
Supreme court powers 102. Powers of High Court Division to issue certain orders and
directions, etc.
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 the fundamental rights conferred by Part
III of this Constitution.
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-
Ultra-vires administrative actions i. directing a person performing any functions in connection 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-

2. b. 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.
3. Notwithstanding anything contained in the foregoing 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.
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
b. being otherwise harmful to the public interest, the High Court Division
shall not make an interim order unless the Attorney-General has been
given reasonable notice of the application and he (or an advocate
authorised by him in that behalf) has been given an opportunity or 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-clause (b).
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.
Right to appeal judicial decisions 103. Jurisdiction of Appellate Division

1. The Appellate Division shall have jurisdiction to hear and determine appeals from
judgments, decrees, orders or sentences of the High Court Division.
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
Constitutional interpretation interpretation of this Constitution; or
b. has confirmed a sentence of death or sentenced a person to death or to
imprisonment for life; or
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.
3. An appeal to the Appellate Division for 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.
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.
104. Issue and execution of processes of Appellate Division

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 or any person or
the discovery or production of any document.
105. Review of judgments or orders by Appellate Division

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.
Supreme court powers 106. Advisory jurisdiction of Supreme Court

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.

107. Rule-making power of the Supreme Court

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.
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.
3. Subject to any rules made under this article the Chief Justice shall determine
which Judge are to constitute any Bench of a division of the Supreme Court and
which Judges are to sit for any purpose.
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.
108. Supreme Court as court of record

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.
109. Superintendence and control over courts

The High Court shall have superintendence and control over all courts and tribunals
subordinate to it.
Constitutional interpretation 110. Transfer of cases from subordinate courts to High Court Division
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 in 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
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 judgement.
Judicial precedence 111. Binding effect of Supreme Court judgments

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.
112. Action in aid of Supreme Court

All authorities, executive and judicial, in the Republic shall act in aid of the Supreme
Court.
113. Staff of Supreme Court

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.
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

Structure of the courts 114. Establishment of subordinate courts
There shall be in addition to the Supreme Court such courts subordinate thereto as may
be established by law.
Administrative court selection

Ordinary court selection
115. Appointments to subordinate courts
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.
116. Control and discipline of subordinate courts

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].
Judicial independence 116A. Judicial officers to be independent in the exercise of their

functions
Subject to the provisions of the Constitution, all persons employed in the judicial service
and all magistrates shall be independent in the exercise of their judicial functions.
Chapter III. Administrative Tribunals

Establishment of administrative courts 117. Administrative tribunals
1. Notwithstanding anything hereinbefore contained, Parliament may be law
establish one or more administrative tribunals to exercise jurisdiction in respect
of matter relating to or arising out of-
a. the terms and conditions of persons in the service of the Republic,
including the matters provided for in Part IX and the award of penalties or
punishment;
b. the acquisition, administration, management and disposal of any property
vested in or managed by the Government by or under any law, including
the operation and management of, and service in any nationalised
enterprise or statutory public authority;
c. any law to which clause (3) of article 102 applies.
2. Where any administrative tribunal is established under this article, no court shall
entertain any proceedings or make any order in respect of any matter falling
within the jurisdiction of such tribunal:
Provided that Parliament may, by law, provide for appeals from, or the review of,
decisions of any such tribunal.
PART VIA. THE NATIONAL PARTY
[Omitted]

PART VII. ELECTIONS
Electoral commission
118. Establishment of Election Commission
1. There shall an Election Commission for Bangladesh consisting of the Chief
Election Commissioner and not more than four Election Commissioners and the
appointment of the Chief Election Commissioner and other Election
commissioners (if any) shall, subject to the provisions of any law made in that
behalf, be made by the President.
2. When the Election Commission consists of more than one person, the Chief
Election Commissioner shall act as the chairman thereof.
3. Subject to the provisions of this Constitution the term of office of an Election
Commissioner shall be five years from the date on which he enters upon his
office, and-
a. a person who has held office as Chief Election Commissioner shall not be
eligible for appointment in the service of the Republic;
b. any other election Commissioner shall, on ceasing to hold office as such,
be eligible for appointment as Chief Election Commissioner but shall not
be otherwise eligible for appointment in the service of the Republic.
4. The Election Commission shall be independent in the exercise of its functions and
subject only to this Constitution and any other law.
5. Subject to the provisions of any law made by Parliament, the conditions of
service of Election Commissioners shall be such as the President may, by order,
determine:
Provided that an Election Commissioner shall not be removed from his office
except in like manner and on the like grounds as a Judge of the Supreme Court.
6. An Election Commissioner may resign his office by writing under his hand
addressed to the President.
Electoral commission
119. Functions of Election Commission
1. The superintendence, direction and control of the preparation of the election rolls
for elections to the office of President and to Parliament and the conduct of such
elections shall vest in the Election Commission which shall, in accordance with
this Constitution and any other law-
a. hold elections to the office of President;
b. hold elections of members of Parliament;
c. delimit the constituencies for the purpose of elections to Parliament; and
Electoral districts d. prepare electoral roles for the purpose of elections to the office of
President and to Parliament.
2. The Election Commission shall perform such functions, in addition to those
specified in the foregoing clauses, as may be prescribed by this Constitution or by
any other law.
120. Staff of Election Commission

The President shall, when so requested by the Election Commission, make available to it
such staff as may be necessary for the discharge of its functions under this Part.
121. Single electoral roll for each constituency

There shall be one electoral roll for each constituency for the purposes of elections to
Parliament, and no special electoral roll shall be prepared so as to classify electors
according to religion, race, caste or sex.

122. Qualifications for registration as voter

1. The elections to Parliament shall be on the basis of adult franchise.
2. A person shall be entitled to be enrolled on the electoral roll for a constituency
Restrictions on voting delimited the purpose of election to Parliament, if he-
a. is a citizen of Bangladesh;
b. is not less than eighteen years of age;
c. does not stand declared by a competent court to be of unsound mind;
d. or is deemed by law to be a resident of that constituency; and
e. has not been convicted of any offence under the Bangladesh Collaborators
(Special Tribunals) Order, 1972.
Scheduling of elections
123. Time for holding elections
1. In the case of a vacancy in the office of President occurring by reason of the
expiration of his term of office an election to fill the vacancy shall be held within
the period of ninety to sixty days prior to the date of expiration of the term:
Provided that if the term expires before the dissolution of the Parliament by
members of which he was elected the election to fill the vacancy shall not be held
until after the next general election of members of Parliament, but shall be held
within thirty days after the first sitting of Parliament following such general
election.
2. In the case of a vacancy in the office of President occurring by reason of the

Head of state replacement death, resignation or removal of the President, an election to fill the vacancy shall
be held within the period of ninety days after the occurrence of the vacancy.
3. A general election of the members of Parliament shall be held-
a. in the case of a dissolution by reason of the expiration of its term, within
the period of ninety days preceding such dissolution;
b. in the case of a dissolution otherwise than by reason of such expiration,
within ninety days after such dissolution:
Provided that the persons elected at a general election under sub-clause (a) shall
not assume office as members of Parliament except after the expiration of the
term referred to therein.
4. An election to fill the seat of a member of Parliament which falls vacant

otherwise than by reason of the dissolution of Parliament shall be held within
ninety days of the occurrence of the vacancy:
Provided that in a case where, in the opinion of the Chief Election Commissioner,
it is not possible, for reasons of an act of God, to hold such election within the
period specified in this clause, such election shall be held within ninety days
following next after the last day of such period.
124. Parliament may make provision as to elections

Subject to the provisions of this Constitution, Parliament may by law make provision
with respect to all matters relating to or in connection with election to Parliament,
including the delimitation of constituencies, the preparation of electoral rolls, the holding
of elections, and all other matters necessary for securing the due Constitution of
Parliament.
125. Validity of election law and elections

Notwithstanding anything in this Constitution-
a. the validity of any law relating to the delimitation of constituencies, or the

allotment of seats to such constituencies, made or purporting to be made under
article 124, shall not be called in question in any court;

b. no election to the office of President or to Parliament shall be called in question

except by an election petition presented to such authority and in such manner as
may be provided for by or under any law made by Parliament.
c. A court shall not pass any order or direction, ad interim or otherwise, in relation
to an election for which schedule has been announced, unless the Election
Commission has been given reasonable notice and an opportunity of being heard.
126. Executive authorities to assist Election Commission

It shall be the duty of all executive authorities to assist the Election Commission in the
discharge of its functions.
PART VIII. THE COMPTROLLER AND

AUDITOR-GENERAL
127. Establishment of office of Auditor-General

1. There shall be a Comptroller and Auditor-General of Bangladesh (hereinafter
referred to as the Auditor-General) who shall be appointed by the President.
2. Subject to the provisions of this Constitution and of any law made by Parliament,
the conditions of service of the Auditor-General shall be such as the President
may, by order, determine.
128. Functions of Auditor-General

1. The public accounts of the Republic and of all courts of law and all authorities and
officers of the Government shall be audited and reported on by the Auditor-
General and for that purpose he or any person authorised by him in that behalf
shall have access to all records, books, vouchers, documents, cash, stamps,
securities, stores or other government property in the possession of any person
in the service of the Republic.
2. Without prejudice to the provisions of clause (1), if it is prescribed by law in the
case of any body corporate directly established by law, the accounts of that body
corporate shall be audited and reported on by such person as may be so
prescribed.
3. Parliament may by law require the Auditor-General to exercise such functions, in
addition to those specified in clause (1), as such law may prescribe, and until
provision is made by law under this clause the President may, by order, make
such provision.
4. The Auditor-General, in the exercise of his functions under clause (1), shall not be
subject to the direction or control of any other person or authority.
129. Term of office of Auditor-General

1. The Auditor-General shall, subject to the provisions of this article, hold office for
five years from the date on which he entered upon his office, or until he attains
the age of sixty-five years, whichever is earlier.
2. The Auditor-General shall not be removed from his office except in like manner
and on the like grounds as a Judge of the Supreme Court.
3. The Auditor-General may resign his office by writing under his hand addressed to
the President.
4. On ceasing to hold office the Auditor-General shall not be eligible for further
office in the service of the Republic.

130. Acting Auditor-General

At any time when the office of Auditor-General is vacant, or the President is satisfied
that the Auditor-General is unable to perform his functions on account of absence,
illness or any other cause, the President may appoint a person to act as Auditor-General
and to perform the functions of that office until an appointment is made under article
127 or, as the case may be, until the Auditor-General resumes the functions of his office.
131. Form and manner of keeping public accounts

The public accounts of the Republic shall be kept in such form and in such manner as the
Auditor-General may, with the approval of the President, prescribe.
132. Reports of Auditor-General to be laid before

Parliament
The reports of the Auditor-General relating to the Reports of public accounts of the
Republic shall be submitted to the President, who shall cause them to be laid before
Parliament.
PART IX. THE SERVICES OF BANGLADESH
Chapter I. Services
133. Appointment and conditions of service

Subject to the provisions of this Constitution Parliament may by law regulate the
appointment and conditions of service of persons in the service of the Republic:
Provided that it shall be competent for the President to make rules regulating the
appointment and the conditions of service such persons until provision in that behalf is
made by or under any law, and rules so made shall have effect subject to the provisions
of any such law.
134. Tenure of office

Except as otherwise provided by this Constitution every person in the service of the
Republic shall hold office during the pleasure of the President.
135. Dismissal, etc., of civilian public officers

1. No person who holds any civil post in the service of the Republic shall be
dismissed or removed or reduced in rank by an authority subordinate to that by
which he was appointed.
2. No such person shall be dismissed or removed or reduced in rank until he has
been given a reasonable opportunity of showing cause why that action should not
be taken:
Provided that this clause shall not apply-
i. where a person is dismissed or removed or reduced in rank on the ground

of conduct which has led to his conviction of a criminal offence; or
ii. where the authority empowered to dismiss or remove a person or to

reduce him in rank is satisfied that, for a reason recorded by that
authority in writing, it is not reasonably practicable to give that person an
opportunity of showing cause; or

2. iii. where the President is satisfied that in the interests of the security of the
State it is not expedient to give that person such an opportunity.
3. If in respect of such a person the question arises whether it is reasonably

practicable to give him an opportunity to show cause in accordance with clause
(2), the decision thereon of the authority empowered to dismiss or remove such
person or to reduce him in rank shall be final.
4. Where a person is employed in the service of the Republic under a written
contract and that contract is terminated by due notice in accordance with its
terms, he shall not, by reason thereof, be regarded as removed from office for the
purposes of this article.
136. Reorganisation of service

Provision may be made by law for the reorganisation of the service of the Republic by
the creation, amalgamation or unification of services and such law may vary or revoke
any condition of service of a person employed in the service of the Republic.
Chapter II. Public Service Commissions
137. Establishment of Commissions

Provision shall be made by law for establishing one or more public service commissions
for Bangladesh, each of which shall consist of a chairman and such other members as
shall be prescribed by law.
138. Appointment of members

1. The chairman and other members of each public service commission shall be
appointed by the President:
Provided that not less than one-half of the members of a commission shall be
persons who have held office for twenty years or more in the service of any
government which has at any time functioned within the territory of Bangladesh.
2. Subject to any law made by Parliament the conditions of service of the chairman
and other members of a public service commission shall be such as the President
may, by order, determine.
139. Term of office

1. The term of office of the chairman and other members of a public service
commission shall, subject to the provisions of this article, expire five years after
the date on which he entered upon his office, or when he attains the age of sixty
five years, whichever is earlier.
2. The chairman and other members of such a commission shall be removed from
office except in like manner and on the like grounds as a Judge of the Supreme
Court.
3. A chairman or other member of a public service commission may resign his office
by writing under his hand addressed to the President.
4. On ceasing to hold office a member of a public service commission shall not be
eligible for further employment in the service of the Republic, but, subject to the
provisions of clause (1)-
a. a chairman so ceasing shall be eligible for re-appointment for one further
term; and
b. a member (other than the chairman) so ceasing shall be eligible for re-
appointment for one further term or for appointment as chairman of a
public service commission.
140. Functions of Commissions

1. The functions of a public service commission shall be-
a. to conduct tests and examinations for the selection of suitable persons for
appointment to the service of the Republic;

1. b. to advise the President on any matter on which the commission is

consulted under clause (2) or on any matter connected with its functions
which is referred to the commission by the President; and
c. such other functions as may be prescribed by law.
2. Subject to the provisions of any law made by Parliament, and any regulation (not
inconsistent with such law) which may be made by the President after
consultation with a commission, the President shall consult a commission with
respect to-
a. matters relating to qualifications for, and methods of recruitment to, the
service of the Republic;
b. the principles to be followed in making appointments to that service and
promotions and transfers from one branch of the service to another, and
the suitability of candidates for such appointment, promotions and
transfers;
c. matters affecting the terms and conditions (including person rights) of
that service; and
d. the discipline of the service.
141. Annual report

1. Each commission shall, not later than the first day of March each year, prepare
and submit to the President a report of the performance of its functions during
the period ended on the previous 31st day of December.
2. The report shall be accompanied by a memorandum setting out, so far as is
known to the commission-
a. the cases, if any, in which its advise was not accepted and the reasons
why it was not accepted;
b. the cases where the commission ought to have been consulted and was
not consulted, and the reasons why it was not consulted.
3. The President shall cause the report and memorandum to be laid before
Parliament at its first meeting held after 31st March in the year in which the
report was submitted.
Emergency provisions
PART IXA. EMERGENCY PROVISIONS
141A. Proclamation of Emergency

1. If the President is satisfied that a grave emergency exists in which the security
or economic life of Bangladesh, or any part thereof, is threatened by war or
external aggression or internal disturbance, he may issue a Proclamation of
Emergency for one hundred twenty days:
Provided that such Proclamation shall require for its validity the prior counter
signature of the Prime Minister.
2. A Proclamation of Emergency-
a. may be revoked by a subsequent Proclamation;
b. shall be laid before Parliament;
c. shall cease to operate at the expiration of one hundred and twenty days,
unless before the expiration of that period it has been approved by a
resolution of Parliament:
Provided that if any such Proclamation is issued at a time when Parliament

stands dissolved or the dissolution of Parliament takes place during the period of
one hundred and twenty days referred to in sub-clause (c), the Proclamation shall
cease to operate at the expiration of thirty days from the date on which
Parliament first meets after its reconstitution, unless before that expiration of
the meets after its re-constitution, unless before that expiration of the said
period of thirty days a resolution approving the Proclamation has been passed by
Parliament or at the expiration of one hundred and twenty days, whichever
occurs first.

3. A Proclamation of Emergency declaring that the security of Bangladesh, or any

part thereof, is threatened by war or external aggression or by internal
disturbance may be made before the actual occurrence of war or any such
aggression or disturbance if the President is satisfied that there is imminent
danger thereof.
141B. Suspension of provisions of certain articles during

emergencies
While a Proclamation of Emergency is in operation, nothing in articles 36, 37, 38, 39, 40
and 42 shall restrict the power of the State to make any law or to take any executive
action which the State would, but for the provisions contained in Part III of this
Constitution, be competent to make or to take, but any law so made shall, to the extent
of the incompetence, cease to have effect as soon as the Proclamation ceases to
operate, except as respects things done or omitted to be done before the law so ceases
to have effect.
141C. Suspension of enforcement of fundamental right

during emergencies
1. While a Proclamation of Emergency is in operation, the President may, on the
written advice of the Prime Minister, by order, declare that the right to move any
court for the enforcement of such of the rights conferred by Part III of this
Constitution as may be specified in the order, and all proceedings pending in any
court for the enforcement of the right so specified, shall remain suspended for the
period during which the Proclamation is in force or for such shorter period as may
be specified in the order.
2. An order made under this article may extend to the whole of Bangladesh or any
part thereof.
3. Every order made under this article shall, as soon as may be, be laid before
Parliament.
PART X. AMENDMENT OF THE

CONSTITUTION
Constitution amendment procedure

142. Power to amend any provision of the Constitution
1. Notwithstanding anything contained in this Constitution-
a. any provision thereof may by amended by way of addition, alteration,
substitution or repeal by Act of Parliament:
Provided that-
i. no Bill for such amendment shall be allowed to proceed unless the

long title thereof expressly states that it will amend a provision of
the Constitution;
ii. no such Bill shall be presented to the President for assent unless it
is passed by the votes of not less than two thirds of the total
number of members of Parliament;
b. when a Bill passed as aforesaid is presented to the President for his

assent he shall, within the period of seven days after the Bill is presented
to him assent to the Bill, and if he fails so to do he shall be deemed to have
assented to it on the expiration of that period.

PART XI. MISCELLANEOUS
143. Property of the Republic

1. There shall vest in the Republic, in addition to any other land or property lawfully
Ownership of natural resources vested-
a. all minerals and other things of value underlying any land of Bangladesh;
b. all lands, minerals and other things of value underlying the ocean within
the territorial waters, or the ocean over the continental shelf, of
Bangladesh; and
c. any property located in Bangladesh that has no rightful owner.
2. Parliament may from time to time by law provide for the determination of the
boundaries of the territory of Bangladesh and of the territorial waters and the
continental shelf of Bangladesh.
144. Executive authority in relation to property, trade, etc.

The executive authority of the Republic shall extend to the acquisition, sale, transfer,
mortgage and disposal of property, the carrying on of any trade or business and the
making of any contract.
145. Contracts and deeds

1. All contracts and deeds made in exercise of the executive authority of the
Republic shall be expressed to be made by the President, and shall be executed
on behalf of the President by such person and in such manner as he may direct or
authorise.
2. Where a contract or deed is made or executed in exercise of the executive
authority of the Republic, neither the President nor any other person making or
executing the contract or deed in exercise of the authority shall be personally
liable in respect thereof, but this article shall not prejudice the right of any person
to take proceedings against the Government.
Treaty ratification
145A. International treaties
All treaties with foreign countries shall be submitted to the President, who shall cause
them to be laid before Parliament:
Provided that any such treaty connected with national security shall be laid in a secret
session of Parliament.
146. Suits in name of Bangladesh

The Government of Bangladesh may sue or be sued by the name of Bangladesh.
Protection of judges' salaries

147. Remuneration, etc., of certain officers
1. The remuneration, privileges and other terms and conditions of service of a
person holding or acting in any office to which this article applies shall be
determined by or under Act of Parliament, but until they are so determined-
a. they shall be those (if any) appertaining to the person holding or, as the
case may be acting in the office in question immediately before the
commencement of this Constitution; or
b. if the preceding sub-clause is not applicable, they shall be determined by
order made by the President.
2. The remuneration, privileges and other terms and conditions of service of a
person holding or acting in any office to which this article applies shall not be

2. varied to the disadvantage of any such person during his term of office.
3. No person appointed to or acting in any office to which this article applies shall
hold any arise, post or position of profit or emolument or take any part
whatsoever in the management or conduct of any company, association or body
having profit or gain as its object:
Provided that such person shall not for the purposes of this clause be deemed to
hold any such office, post or position by reason only that he holds or is acting in
the office first above mentioned.
4. This article applies to the offices of-

a. President;
b. Prime Minister;
c. Speaker or Deputy Speaker;
d. Minister, Minister of State or Deputy Minister;
e. Judge of the Supreme Court;
f. Comptroller and Auditor-General;
g. Election Commissioner;
h. Member of a public service commission.
148. Oaths of office

1. A person elected or appointed to any office mentioned in the Third Schedule shall
before entering upon the office make and subscribe an oath or affirmation (in this
article referred to as "an oath") in accordance with that Schedule.
2. Where under this Constitution an oath is required to be administrated by a
specified person it may be administered by such other person and at such place
as may be designated by that person.
2A. If, within three days next after publication through Official Gazette of the result
of a general election of members of Parliament under clause (3) of article 123,
the person specified under the Constitution for the purpose or such other person
designated by that person for the purpose, is unable to, or does not, administer
oath to the newly elected members of Parliament, on any account, the Chief
Election Commissioner shall administer such oath within three days next
thereafter, as if, he is the person specified under the Constitution for the purpose.
3. Where under this Constitution a person is required to make an oath before he
enters upon an office he shall be deemed to have entered upon the office
immediately after he makes the oath.
149. Saving for existing laws

Subject to the provisions of this Constitution all existing laws shall continue to have
effect but may be amended or repealed by law made under this Constitution.
Transitional provisions
150. Transitional and temporary provisions
1. The provisions set out in the Fourth Schedule of the Constitution at the time of
the Commencement of this Constitution on the 16th day of December, 1972
shall have effect as transitional and temporary provisions notwithstanding
anything contained in any other provisions of this Constitution.
2. In the period between the 7th day of March, 1971 and the date of
Political theorists/figures commencement of this Constitution on the 16th day of December, 1972, the
historical speech delivered by Bangabandhu Sheikh Mujibur Rahman, the Father
of the Nation, in the Racecourse Maidan, Dhaka on the 7th day of March, 1971,
set out in the Fifth Schedule of the Constitution, the telegram of the Declaration
of Independence of Bangladesh made by Bangabandhu Sheikh Mujibur Rahman,
the Father of the Nation on the 26th day of March, 1971 set out in the Sixth
Schedule and the Proclamation of Independence of the Mujibnagar Government
on the 10th day of April, 1971 set out in the Seventh Schedule are the historical
speech and instruments of the independence and the struggle of freedom of
Bangladesh which shall be deemed to be the transitional and the temporary
provision for the said period.]

151. Repeals
The following President's Orders are hereby repealed-
a. The laws Continuance Enforcement Order made on 10th April, 1971;
b. The Provisional Constitution of Bangladesh Order, 1972;
c. The High Court of Bangladesh Order, 1972 (P.O. No. 5 of 1972);
d. The Bangladesh Comptroller and Auditor-General Order, 1972 (P.O. No. 15 of

1972);
e. The Constituent Assembly of Bangladesh Order, 1972 (P.O. No. 22 of 1972);
f. The Bangladesh Election Commission Order, 1972 (P.O. No. 25 of 1972);
g. The Bangladesh Public Service Commissions Order, 1972 (P.O. No 34 of 1972);
h. The Bangladesh Transaction of Government Business Order, 1972 (P.O. No. 58

of 1972).
152. Interpretation
1. In this Constitution, except where the subject or context otherwise requires-
"Administrative unit" means a district or other area designated by law for
the purposes of article 59;
"the Appellate Division" means the Appellate Division of the Supreme

Court;
"article" means an article of this Constitution;
"borrowing" includes the raising of money by annuity, and "loan" shall be

construed accordingly;
"the capital" has the meaning assigned to that expression in article 5;
"Chief Election Commissioner" means a person appointed to that office

under article 118;
"The Chief Justice" means the Chief Justice of Bangladesh;
"citizen" means a person who is a citizen of Bangladesh according to the

law relating to citizenship;
"clause" means a clause of the article in which the expression occurs;
"court" means any court of law including Supreme Court;
"debt" includes any liability in respect of any obligation to repay capital

sums by way of annuities and any liability under any guarantee, and "debt
charge" shall be construed accordingly;
"disciplinary law" means a law regulating the discipline of any disciplined

force;
"disciplined force" means-
a. the army, navy or air force;
b. the police force;
c. any other force declared by law to be a disciplined force within the

meaning of this definition;
"district judge" includes additional district judge;

1. "existing law" means any law in force in, or in any part of, the territory of
Bangladesh immediately before the commencement of this Constitution,
whether or not it has been brought into operation;
"financial year" means a year commencing on the first day of July;
"guarantee" includes any obligation undertaken before the

commencement of this Constitution to make payments in the event of the
profits of an undertaking falling short of a specified amount;
"the High Court Division" means the High Court Division of the Supreme
Court;
"judge" means a judge of a division of the Supreme Court;
"judicial service" means a service comprising person holding judicial posts

not being posts superior to that of a district judge;
"law" means any Act, ordinance, order rule, regulation, bye-law,

notification or other legal instrument, and any custom or usage, having
the force of law in Bangladesh;
"Parliament" means the Parliament for Bangladesh established by article

65;
"Part" means a Part of this Constitution;
"pension" means a pension, whether contributory or not, of any kind

whatsoever payable to or in respect of any person, and includes retired
pay or gratuity so payable by way of the return or any addition thereto of
subscriptions to a provident fund;
"political party" includes a group or combination of persons who operate

within or outside Parliament under a distinctive name and who hold
themselves out for the purpose of propagating a political opinion or
engaging in any other political activity;
"the President" means the President of Bangladesh elected under this

Constitution or any person for the time being acting in that office;
"property" includes property of every description movable or immovable,

corporeal or incorporeal, and commercial and industrial undertakings, and
any right or interest in any such property or undertaking;
"public notification" means a notification in the Bangladesh Gazette;
"public officer" means person holding or acting in any office of emolument

in the service of the Republic;
"the Republic" means the People's Republic of Bangladesh;
"Schedule" means a schedule to this Constitution;
"securities" includes stock;
"the service of the Republic" means any service, post or office whether in
a civil or military capacity, in respect of the Government of Bangladesh,
and any other service declared by law to be a service of the Republic;
"session", in relation to Parliament, means the sittings of Parliament

commencing when it first meets after the commencement of this
Constitution or after a prorogation or dissolution of Parliament and
terminating when Parliament is prorogued or dissolved;
"sitting" in relation to Parliament, means a period during which Parliament

is sitting continuously without adjournment;

1. "the Speaker" means the person for the time being holding the office of
Speaker pursuant to article 74;
"the State" includes Parliament, the Government and statutory public

authorities;
"statutory public authority" means any authority, corporation or body the

activities or the principal activities of which are authorised by any Act,
ordinance, order or instrument having the force of law in Bangladesh;
"sub clause" means a sub-clause of the clause in which the expression

occurs;
"the Supreme Court" means the Supreme Court of Bangladesh

constituted by article 94;
"taxation" includes the imposition of any tax, rate, duty or impost,

whether general, local or special, and "tax" shall be construed accordingly.
2. The General Clauses Act, 1897 shall apply in relation to-

a. this Constitution as it applies in relation to an Act of Parliament;
b. any enactment repealed by this Constitution, or which by virtue thereof
becomes void or ceases to have effect, as it applies in relation to any
enactment repealed by Act of Parliament.
153. Commencement, citation and authenticity

1. This Constitution may be cited as the Constitution of the People's Republic of
Bangladesh and shall come into force on the sixteenth day of December, 1972, in
this Constitution referred to as the commencement of this Constitution.
2. There shall be an authentic text of this Constitution in Bengali, and an authentic
text of an authorised translation in English, both of which shall be certified as
such by the Speaker of the Constituent Assembly.
3. A text certified in accordance with clause (2) shall be conclusive evidence of the
provisions of this Constitution:
Provided that in the event of conflict between the Bengali and the English text,
the Bengali text shall prevail.
SCHEDULE 1. LAWS EFFECTIVE

NOTWITHSTANDING OTHER PROVISIONS
The State Acquisition and Tenancy Act, 1950 (E.B. Act XXVIII of 1951)
The Bangladesh (Taking over of Control and Management of Industrial and Commercial
Concerns) Order, 1972 (A.P.O. No. 1 of 1972)
The Bangladesh Collaborators (Special Tribunals) Order, 1972 (P.O. No. 8 of 1972)
The Government of Bangladesh (Services) Order, 1972 (P.O. No. 9 of 1972)
The Bangladesh Shipping Corporation Order, 1972 (P.O. No. 10 of 1972)
The Bangladesh (Restoration of Evacuee Property) Order, 1972 (P.O. No. 13 of 1972)
The Bangladesh Public Servants' (Retirement) Order, 1972 (P.O. No. 14 of 1972)
The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972
(P.O. No. 16 of 1972)
The Bangladesh Banks (Nationalisation) Order, 1972 (P.O. No. 26 of 1972)

The Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 (P.O. No. 27 of

1972)
The Bangladesh Inland Water Transport Corporation Order, 1972 (P.O. No. 28 of 1972)
The Bangladesh (Vesting of Property and Assets) Order, 1972 (P.O. No. 29 of 1972)
The Bangladesh Insurance (Emergency Provisions) Order, 1972 (P.O. No. 30 of 1972)
The Bangladesh Consumer Supplies Corporation Order, 1972 (P.O. No. 47 of 1972)
The Bangladesh Scheduled Offences (Special Tribunals) Order, 1972 (P.O. No. 50 of
1972)
The Bangladesh Nationalised and Private Organisations (Regulation of Salary of

Employees) Order, 1972 (P.O. No. 54 of 1972)
The Bangladesh Jute Export Corporation Order, 1972 (P.O. No. 57 of 1972)
The Bangladesh Water and Power Development Boards Order, 1972 (P.O. No. 59 of
1972)
The Government of Bangladesh (Services Screening) Order, 1972 (P.O. No. 67 of 1972)
The Bangladesh Government Hats and Bazars (Management) Order, 1972 (P.O. No. 73
of 1972)
The Bangladesh Government and Semi-autonomous Organisations (Regulation of Salary

of Employees) Order, 1972 (P.O. No. 79 of 1972)
The Bangladesh Insurance (Nationalisation) Order, 1972 (P.O. No. 95 of 1972)
The Bangladesh Land Holding (Limitation) Order, 1972 (P.O. No. 98 of 1972)
The Bangladesh Biman Order, 1972 (P.O. No. 126 of 1972)
The Bangladesh Bank Order, 1972 (P.O. No. 127 of 1972)
The Bangladesh Shilpa Rin Sangstha Order, 1972 (P.O. No. 128 of 1972)
The Bangladesh Shilpa Bank Order, 1972 (P.O. No. 129 of 1972)
All Presidential Orders and other existing law effecting amendments of the above-
mentioned Act and Orders.
SCHEDULE 2. ELECTION OF PRESIDENT
[Omitted]
Oaths to abide by constitution

SCHEDULE 3. OATHS AND AFFIRMATIONS
1. The President
An oath (or affirmation) in the following form shall be administered by the Speaker-
"I,........................................., do solemnly swear (or affirm) that I will faithfully discharge the
duties of the office of President of Bangladesh according to law: That I will bear true
faith and allegiance to Bangladesh: That I will preserve, protect and defend the
Constitution: And that I will do right to all manner of people according to law, without
fear or favour, affection or ill-will."

1A. Vice-President
[Omitted]
1B. The President in the case of performing the functions

of the Chief Adviser.
[Omitted]
2. Prime Minister and other Ministers, Ministers of State

and Deputy Ministers.
Oaths (or affirmations) in the following forms shall be administered by the President-
a. Oath (or affirmation) of office;
"I ........................, do solemnly swear (or Affirm) that I will faithfully discharge the
duties of the office of Prime Minister (or as the case may be) according to law:
That I will bear true faith and allegiance to Bangladesh; That I will Preserve,
protect and defend the Constitution: And That I will do right to all manner of
people according to law, without fear of favour, affection or ill-will."
b. Oath (or Affirmation) of secrecy;
"I, ........................, do solemnly swear (or affirm) that I will not directly or indirectly
communicate or reveal to any person any matter which shall be brought under
my consideration or shall become known to me as Prime Minister (or as the case
may be) except as may be required for the due discharge of my duty as Prime
Minister (or as the case may be)."
2A. Chief Adviser and Advisers.

[Omitted]
3. The Speaker.
An Oath (or affirmation) in the following form shall be administered by the president
"I , ..............., do solemnly swear (or affirm) that I will faithfully discharge the duties of the
Speaker of Parliament and (whenever I am called upon so to do) of the President,
according to law; That I will bear true faith and allegiance to Bangladesh; That I will
preserve, protect and defend the Constitution; And that I will do right to all manner of
People according to law, without fear or favour, affection or ill-will."
4. Deputy Speaker.
An oath (or affirmation) in the following form shall be administered by the President
"I, ....................., do solemnly swear (or affirm) that I will faithfully discharge the duties or
Deputy Speaker or Parliament and (whenever I am called upon so to do) of the Speaker,
according to law: That I will bear true faith and allegiance to Bangladesh: That I will
preserve, protect and defend the Constitution: And that I will do right to all manner of
people according to law, without fear or favour, affection or ill-will.
5. Member of Parliament.
An oath (or affirmation) in the following form shall be administered by the Speaker-

"I, ............................., having been elected a member of Parliament do solemnly swear (or
affirm) that I will faithfully discharge the duties upon which I am about to enter
according to law: That I will bear true faith and allegiance to Bangladesh: And that I will
not allow my personal interest to influence the discharge of my duties as a member of
Parliament."
6. Chief Justice or Judges.

An oath (or affirmation) in the following forms shall be administered, in the case of the
Chief Justice by the President, and in the case of a Judge appointed to a division, by the
Chief Justice-
"I, ............., having been appointed Chief Justice of Bangladesh (or Judge of the
Appellate/High Court Division of the Supreme Court) do solemnly swear (or affirm) that
I will faithfully discharge the duties of my office according to law: That I will bear true
faith and allegiance to Bangladesh: That I will preserve, protect and defend the
Constitution and the laws of Bangladesh: And that I will do right to all manner of people
according to law, without fear of favour, affection or ill-will."
7. Chief Election Commissioner or Election Commissioner.

An oath (or Affirmation) in the following from shall be administered by the Chief Justice-
"I, ............................, having been appointed Chief Election Commissioner (or Election
Commissioner), do solemnly swear (or Affirm) that I will faithfully discharge the duties of
my office according to law: That I will bear true faith and allegiance to Bangladesh: That
I will preserve, protect and defend the Constitution: And that I will not allow my
personal interest to influence my official conduct or my official decisions."
8. Comptroller and Auditor-General.

An oath (or Affirmation) in the following form shall be administered by the Chief Justice-
"I, ...................., having been appointed Comptroller and Auditor-General do solemnly

swear (or affirm) that I will faithfully discharge the duties of my office according to law:
That I will bear true faith and allegiance to Bangladesh: That I will preserve, protect and
defend the Constitution: And that I will not allow my personal interest to influence my
official conduct or my official decisions."
9. Member of Public Service Commission.

An oath (or Affirmation) in the following form shall be administered by the Chief Justice-
"I, ......................., having been appointed Chairman (or Member) of a Public Service
Commission do solemnly swear (or Affirm) that I will faithfully discharge the duties of
my office according to law: That I will bear true faith and allegiance to Bangladesh: That
I will preserve, protect and defend the Commission: And That I will not allow my
personal interest to influence my official conduct or my official decisions."
SCHEDULE 4. TRANSITIONAL AND

Transitional provisions
TEMPORARY PROVISIONS
1. Dissolution of Constituent Assembly

Upon the commencement of this Constitution, the Constitution Assembly, having
discharged its responsibility of framing a Constitution for the Republic, shall stand
dissolved.

2. First elections
1. The First general election of members of Parliament shall be held as soon as
possible after the commencement of this Constitution and for this purpose the
election rolls prepared under the Bangladesh Electoral Rolls, Order 1972 (P.O.
No. 104 of 1972) shall be deemed to be the electoral rolls prepared in
accordance with article 119.
2. For the purpose of the first general election of members of Parliament, the
delimitation of constituencies made for the purpose of elections to constitute the
erstwhile Provincial Assembly, and published in 1970, shall be deemed to be
made under article 119, and the Election Commission shall, after incorporating
such changes, as it may consider necessary, in the nomenclature of any
constituency or any subdivision of than a included therein, publish, by public
notification, the list of such constituencies:
Provided that provision may be made by law to give effect to the provision
relating to seats women members referred to in clause (3) of articles 65.
3. Provisions for maintaining continuity and interim

arrangements
1. All laws made or purported to having been made in the period between the 26th
day of March, 1971 and the commencement of this Constitution, all powers
exercised and all things done during that period, under authority derived or
purported to have been derived from the Proclamation of Independence or any
law, are hereby ratified and confirmed and are declared to have been duly made,
exercised and done according to law.
2. Until the day upon which Parliament first meets pursuant to the provisions of this
Constitution, the executive and legislative powers of the Republic (including the
power of the President, on the advice of the Prime Minister, to legislate by order)
shall notwithstanding the repeal of the Provisional Constitution of Bangladesh
Order, 1972, be exercised in all respects in the manner in which, immediately
before the commencement of the Constitution, they have been exercised.
3. Any provision of this Constitution enabling or requiring Parliament to legislate
shall, until the day upon which Parliament first meets as aforesaid, be construed
as enabling the President of legislate by order, and any order made under this
paragraph shall have effect as if the provisions thereof had been enacted by
Parliament.
3A. Validation of certain Proclamations, etc.

[Omitted]
4. President
1. The person holding office as President of Bangladesh immediately before the
commencement of this Constitution shall hold office as President, as if elected to
that office under this Constitution, until a person elected as President under
article 48 enters upon office:
Provided that the holding of office under this paragraph shall not be taken into
account for the purposes of clause (2) of article 50.
2. The persons holding office as Speaker and Deputy Speaker of the Constituent
Assembly immediately before the commencement of this Constitution shall,
notwithstanding that Parliament has not yet been constituted, be deemed to
hold office respectively as Speaker and Deputy Speaker until an election to each
of those offices is made under clause(1) of article 74.

5. Prime Minister and other Ministers

The person holding office as Prime Minister, immediately before the date of the
commencement of this Constitution shall until his successor appointed under article 56
after the first general election held under this Constitution enters upon office, hold office
as Prime Minister as if appointed to that office under this Constitution, and the persons
holding office as Ministers immediately before that date shall continue to hold office as
Ministers until the Prime Minister otherwise directs, and nothing in article 56 shall
prevent the appointment of other Ministers on the advice of the Prime Minister.
6. Judiciary
1. The person holding office as Chief Justice immediately before the date of the
Commencement of this Constitution and every person who then held office as
judge of the High Court constituted by the Provisional Constitution of
Bangladesh Order, 1972, shall as from that date hold office as if appointed under
article 95 as Chief Justice or, as the case may be, as judge.
2. The persons (other than the Chief Justice) holding office as judges pursuant to
Sub-paragraph (1) of this paragraph shall at the commencement of this
Constitution be deemed to have been appointed to the High Court Division, and
appointments to the Appellate Division shall be made in accordance with article
94.
3. All legal proceedings pending in the High Court immediately before the
commencement of this Constitution (other than those referred to in Sub-
paragraph (4) of this paragraph) shall be transferred to and be deemed to be
pending before the High Court Division for determination, and any judgment or
order of the High Court delivered or made before the commencement of this
Constitution shall have the same force and effect as if it had been delivered or
made by the High Court Division.
4. All legal proceedings pending before the Appellate Division of the High Court
immediately before the commencement of this Constitution shall be transferred
to the Appellate Division for determination and any judgment or order of the
former division delivered or made before the commencement of this Constitution
shall have the same force and effect as if it had been delivered or made by the
Appellate Division.
5. Subject to the provisions of this Constitution and of any other law-
a. all original, appellate and other jurisdiction which was vested in the High
Court constituted by the Provisional Constitution of Bangladesh Order,
1972 (other than jurisdiction vested in the Appellate Division of that
Court) shall from the commencement of this constitution, vest in an be
exercised by the High Court Division;
b. all civil, criminal and revenue courts and tribunals exercising jurisdiction
and functions immediately before the commencement of this Constitution
shall continue to exercise their respective jurisdictions and functions, and
all persons holding office in such courts and tribunals shall continue to hold
their respective offices.
6. The Provisions of Chapter II of Part VI (which relate to subordinate courts) shall
be implemented as soon as is practicable, and until such implementation the
matters provided for in that Chapter shall (subject to any the provision made by
law) be regulated in the manner in which they were regulated immediately
before the commencement of this Constitution.
7. Nothing in this paragraph shall after the operation of any existing law relating to
the abatement of proceedings.
6A. Provisions as to existing Judges and pending

proceedings.
[Omitted]
6B. Provisions as to Judges of the Supreme Court and High

Court existing before the Second Proclamation Order No. 1

of 1977 proceedings pending before commencement of

that Order, etc.
[Omitted]
7. Interim rights of appeal.

An Appeal to the Appellate Division of the Supreme Court shall lie, notwithstanding any
limitation as to time, against any judgment, decree, order or sentence delivered, issued
or pronounced since the 1st day of March, 1971 by any High Court of Bangladesh
(Amendment) Order, 1972 (P.O. No. 91 of 1972) functioning in the territory of
Bangladesh:
Provided that article 103 shall apply in respect of any such appeal as it applies in
respect of appeals from the High Court Division;
Provided further that no appeal under this article shall be lodged after the expiration of
the period of ninety days from the commencement of this Constitution.
8. Election Commission
1. The Election Commission existing immediately before the date of
commencement of this Constitution, shall, as from that date be deemed to be the
Election Commission established by this Constitution.
2. The person holding office as Chief Election Commissioner, and every person
holding office as Election Commissioner, immediately before the date of the
commencement of this Constitution, shall, as from that date, hold office as if
appointed to such office under this Constitution.
9. Public Service Commission

1. The public service commissions existing immediately before the date of the
commencement of this Constitution, shall as from that date, be deemed to be
public service commissions established under this Constitution.
2. Every person holding office as chairman or other member of a public service
commission immediately before the date of the commencement of this
Constitution, shall, as from that date hold office as if appointed to that office
under Constitution.
10. Public service

1. Subject to this Constitution and to any other law-
a. any person who immediately before the commencement of this
Constitution was in the service of the Republic shall continue in that
service on the same terms and conditions as were applicable to him
immediately before such commencement;
b. all authorities and all officers, judicial, executive and ministerial
throughout Bangladesh exercising functions immediately before the
commencement of this Constitution, shall, as from such commencement,
continue to exercise their respective functions.
2. Nothing in Sub-paragraph (1) of this paragraph shall-
a. derogate from the continued operation of the Government of Bangladesh
(Services) Order, 1972 (P.O. No. 9 of 1972), or the Government of
Bangladesh (Services Screening) Order, 1972 (P.O. No. 67 of 1972);
b. prevent the making of any law varying or revoking the conditions of
service (including remuneration, leave, person rights and rights relating to
disciplinary matters) of persons employed at any time before the
commencement of this Constitution or of person continuing in the service
of the Republic under the provisions of the paragraph.

11. Oaths for continuance in office

Any person who, under this Schedule, is continued in an office in respect of which a form
of oath or affirmation is set out in the Third Schedule shall, as soon as practicable after
the commencement of this Constitution, make and subscribe before the appropriate
person an oath or affirmation in that form.
12. Local Government

Until elections are held to constitute the local government bodies referred to in article
59, the administrative arrangements existing in the different administrative units of the
Republic immediately before the commencement of this Constitution shall continue,
subject to such changes as may be made by law.
13. Taxation
All taxes and fees imposed under any law in force in Bangladesh immediately before the
commencement of this Constitution shall continue to be imposed but may be varied or
abolished by law.
14. Interim financial arrangements

Unless Parliament otherwise resolves, the Provisions of articles 87, 89, 90 and 91 of
this Constitution shall not have effect in respect of the financial year current at the
commencement of this Constitution, and expenditure defrayed during that year out of
the Consolidated Fund or the Public Account of the Republic shall be deemed to have
been validly incurred:
Provided that the President shall, as soon as is practicable, cause a statement of all such
expenditure, authenticated by his signature, to be laid before Parliament.
15. Audit of past accounts

The powers of the Comptroller and Auditor-General under this Constitution shall apply
in respect of all accounts relating to the financial year current at the commencement of
this condition and to earlier years and the reports of the Comptroller and Auditor-
General relating to such accounts shall be submitted to the President who shall cause
them to be laid before Parliament.
16. Property, assets, rights, liabilities and obligations of the

Government.
1. All property, assets and rights which immediately before the commencement of
this Constitution were vested in the Government of the People's Republic of
Bangladesh or any person or authority on its behalf shall vest in the Republic.
2. All liabilities and obligations of the Government of the Republic as they existed
immediately before the commencement of this Constitution shall continue to be
the liabilities and obligations of the Republic.
3. No liability or obligation of any other government which at any time functioned in
the territory of Bangladesh is or shall be a liability or obligation of the Republic
unless it is expressly accepted by the Government of the Republic.
17. Adaptation of laws and removal of difficulties.

1. For the purpose of bringing the provisions of any law in force in Bangladesh into
conformity with this Constitution the President may, within the period of two
years from the commencement of this Constitution, by order, amend or suspend
the operation of such provisions and any order so made may have retrospective
effect.

2. The President may, for the purpose of removing any difficulties in relation to the
transition from the provisional constitutional arrangements existing before the
commencement of this Constitution to the arrangements under this Constitution
by order, direct that this Constitution shall, during such period as may be
specified in the order, have effect subject to such adaptations, whether by way of
modification, addition or omission, as he may deem necessary or expedient:
Provided that no such order shall be made after the first meeting of the
Parliament constituted under this Constitution.
3. Every order made under this paragraph shall have effect notwithstanding any
other provision of this Constitution, shall be laid before Parliament, and may be
amended or revoked by Act of Parliament.
18. Ratification and confirmation of Proclamations, etc.

[Omitted]
19. Ratification and confirmation of the Proclamation of

the 24th March, 1982, etc.
[Omitted]
20. Provisions relating to Vice-President

[Omitted]
21. Ratification and confirmation of the appointment of

Vice-President, etc.
[Omitted]
22. Parliament functioning immediately before the

commencement of the Constitution functioning
immediately before the commencement of the
Constitution (Twelfth Amendment) Act.
[Omitted]
23. Temporary special provision regarding women

members in the Parliament.
[Omitted]
Reference to country's history

Political theorists/figures SCHEDULE 5. HISTORIC SPEECH OF THE
FATHER OF THE NATION, BANGABANDHU
SHEIKH MUJIBUR RAHMAN OF THE 7TH
MARCH, 1971
My brothers,

I have come before you today with a heart laden with sadness. You are aware of
everything and know all. We have tried with our lives. And yet the sadness remains that
today, in Dhaka, Chittagong, Khulna, Rajshahi and Rangpur the streets are soaked in the
blood of my brothers. Today the people of Bengal desire emancipation, the people of
Bengal wish to live, the people of Bengal demand that their rights be acknowledged.
What wrong have we committed? Following the elections, the people of Bangladesh
entrusted me and the Awami League with the totality of their electoral support. It was
our expectation that the Parliament would meet, there we would frame our
Constitution, that we would develop this land, that the people of this country would
achieve their economic, political and cultural freedom. But it is a matter of grief that
today we are constrained to say in all sadness that the history of the past twenty three
years has been the history of a persecution of the people of Bengal, a history of the
blood of the people of Bengal. This history of the past twenty three years has been one
of the agonising cries of men and women.
The history of Bengal has been a history where the people of this land have made
crimson the streets and highways of this land with their blood. We gave blood in 1952;
in 1954, we won the elections and yet were not permitted to exercise power. In 1958,
Ayub Khan imposed Martial Law and kept the nation in a state of slavery for ten long
years. On 7 June 1966, as they rose in support of the Six-Point movement, the sons of
my land were mown down in gunfire. When Yahya Khan took over once Ayub Khan fell in
the fury of the movement of 1969, he promised that he would give us a Constitution,
give us democracy. We put our faith on him. And then history moved a long way, the
elections took place. I have met President Yahya Khan. I appealed to him, not just as the
majority leader in Bengal but also as the majority leader in Pakistan, to convene the
National Assembly on 15 February. He did not pay heed to my appeal. He paid heed to
Mr. Bhutto. And he said that the assembly would be convened in the first week that we
would discuss matters in the Assembly. I even went to the extent of suggesting that
despite our being in a majority, if anyone proposes anything that is legitimate and right,
we would accept his proposal.
Mr. Bhutto came here. He held negotiations with us, and when he left, he said that the
door to talk had not closed, that more discussions would take place. After that, I spoke
to other political leaders. I told them to join me in deliberations so that we could give
shape to a Constitution for the country. But Mr. Bhutto said that if members elected
from West Pakistan came here, the Assembly would turn into a slaughter house, an
abattoir. He warned that anyone who went to the Assembly would end up losing his life.
He issued dire warnings of closing down all the shop from Peshawar to Karachi if the
Assembly Session went ahead. I said that the Assembly Session would go ahead. And
then, suddenly, on the first of March the Assembly Session was put off. Mr. Yahya Khan,
in exercise of his powers as president, had called the National Assembly into Session;
and I had said that I would go to the Assembly. Mr. Bhutto said he would not go. Thirty
five members came here from West Pakistan. And suddenly the Assembly was put off.
The blame was placed squarely on the people of Bengal, the blame was put at my door.
Once the Assembly meeting was postponed, the people of this land decided to put up
resistance to the act.
I enjoined upon them to observe a peaceful general strike. I instructed them to close
down all factories and industrial installations. The people responded positively to my
directives. Through sheer spontaneity they emerged on to the streets. They were
determined to pursue their struggle through peaceful means.
What have we attained? The weapons we have bought with our money to defend the
country against foreign aggression are being used against the poor and down-trodden of
my country today. It is their hearts the bullets pierce today. We are the majority in
Pakistan. Whenever we Bengalis have attempted to ascend to the heights of power,
they have swooped upon us.
I have spoken to him over telephone. I told him, Mr. Yahya Khan, you are the President
of Pakistan. Come, be witness to the inhuman manner in which the people of my Bengal
are being murdered, to the way in which the mothers of my land are being deprived of
their sons." I told him, "come, see and dispense justice". But he construously said that I
had agreed to participate in a Round Table Conference to be held on 10 March. I have
already said a long time ago, what RTC? With whom do I sit down to talk? Do I fraternise
with those have taken the blood of my people? All of a sudden, without discussing

matters with me and after a secret meeting lasting five hours, he has delivered a speech
in which he has placed all responsibility for the impasse on me, on the people of Bengal.
My brothers,
They have called the Assembly for the twenty-fifth. The marks of blood have not yet
dried up. I said on the tenth that Mujibur Rahman would not walk across that blood to
take part in a Round Table Conference. You have called the Assembly. But my demands
must be met first. Martial Law must be withdrawn. All military personnel must be taken
back to the barracks. An inquiry must be conducted into the manner in which the killings
have been caused. And power must be transferred to the elected representatives of the
people. And only then shall we consider the question of whether or not to sit in the
National Assembly. Prior to the fulfilment of our demands, we cannot take part in the
Assembly.
I do not desire the office of Prime Minister. I wish to see the rights of the people of this
country established. Let me make it clear, without ambiguity, that beginning today, in
Bangladesh, all courts, magistracies, government offices and educational institutions will
remain closed for an indefinite period. In order that the poor do not suffer, in order that
my people do not go through pain, all other activities will continue, will not come within
the ambit of the general strike from tomorrow. Rickshaws, horse carriages, trains and
river vessels will ply. The Supreme Court, High Court, Judge's Court, semi-government
offices, WAPDA,-nothing will work. Employees will collect their salaries on the twenty-
eighth. But if the salaries are not paid, if another bullet is fired, if any more of the people
are murdered, it is my directive to all of you: turn every house into a fortress, resist the
enemy with everything you have. And for the sake of life, even if I am not around to
guide you, direct you, close off all roads and pathways.
We will strive them into submission. We will submerge them in water. You are our
brothers. Return to your barracks and no harm will come to you. But do not try to pour
bullets into my heart again. You cannot keep seventy five million people in bondage.
Now that we have learnt to die, no power on earth can keep us in subjugation.
For those who have embraced martyrdom, and for those who have sustained injuries we
in the Awami League will do all we can to relieve their tragedy. Those among you who
can please lend a helping hand through contributing to our relief committee. The owners
of industries will make certain that the wages of workers who have taken part in the
strike for the past week are duly paid to them. I shall tell employees of the government,
my word must be heard, and my instructions followed. Until freedom comes to my land,
all taxes will be held back from payment. No one will pay them. Bear in mind that the
enemy has infiltrated our ranks to cause confusion and sow discord among us. In our
Bengal, everyone, be the Hindu or Muslim, Bengali or non-Bengali, is our brother. It is
our responsibility to ensure their security. Our good name must not be sullied.
And remember, employees at radio and television, if radio does not get our message
across, no Bengali will go to the radio station. If television does not put forth our point of
view, no Bengali will go to television. Banks will remain open for two hours to enable
people to engage in transactions. But there will be no transfer of even a single penny
from East Bengal to West Pakistan. Telephone and telegram services will continue in
East Bengal and news can be despatched overseas.
But if moves are made to exterminate the people of this country, Bengalis must act with
caution. In every village, every neighbourhood, set up Sangram Parishad under the
leadership of the Awami League. And be prepared with whatever you have. Remember:
Having mastered the lesson of sacrifice, we shall give more blood. God willing, we shall
free the people of this land. The struggle this time is a struggle for emancipation. The
struggle this time is a struggle for independence.
Joi Bangla!

Political theorists/figures

SCHEDULE 6. DECLARATION OF
INDEPENDENCE
BY THE FATHER OF THE NATION, BANGABANDHU SHEIKH MUJIBUR RAHA-MAN

SHORTLY AFTER MIDNIGHT OF 25TH MARCH, i.e. EARLY HOURS OF 26TH MARCH,
1971
"This may be my last message, from today Bangladesh is independent. I call upon the
people of Bangladesh wherever you might be and with whatever you have, to resist the
army of occupation to the last. Your fight must go on until the last soldier of the Pakistan
occupation army is expelled from the soil of Bangladesh and final victory is achieved.
Sheik Mujibur Rahman
26 March 1971"

Political theorists/figures SCHEDULE 7. THE PROCLAMATION OF
INDEPENDENCE
MUJIBNAGAR, BANGLADESH
Dated 10th day of April, 1971.
WHEREAS free elections were held in Bangladesh from 7th December, 1970 to 17th
January, 1971, to elect representatives for the purpose of framing a Constitution,
AND WHEREAS at these elections the people of Bangladesh elected 167 out of 169
representatives belonging to the Awami League,
AND WHEREAS General Yahya Khan summoned the elected representatives of the
people to meet on the 3rd March, 1971, for the purpose of framing a Constitution,
AND WHEREAS the Assembly so summoned was arbitrarily and illegally postponed for
an indefinite period,
AND WHEREAS instead of fulfilling their promise and while still conferring with the
representatives of the people of Bangladesh, Pakistan authorities declared an unjust
and treacherous war,
AND WHEREAS in the facts and circumstances of such treacherous conduct Banga
Bandhu Sheikh Mujibur Rahaman, the undisputed leader of 75 million of people of
Bangladesh, in due fulfilment of the legitimate right of self-determination of the people
of Bangladesh, duly made a declaration of independence at Dacca on March 26, 1971,
and urged the people of Bangladesh to defend the honour and integrity of Bangladesh,
AND WHEREAS in the conduct of a ruthless and savage war the Pakistani authorities
committed and are still continuously committing numerous acts of genocide and
unprecedented tortures, amongst others on the civilian and unarmed people of
Bangladesh,
AND WHEREAS the Pakistan Government by levying an unjust war and committing
genocide and by other repressive measures made it impossible for the elected
representatives of the people of Bangladesh to meet and frame a Constitution, and give
to themselves a Government,
AND WHEREAS the people of Bangladesh by their heroism, bravery and revolutionary
fervour have established effective control over the territories of Bangladesh,

We the elected representatives of the people of Bangladesh, as honour bound by the

mandate given to us by the people of Bangladesh whose will is supreme duly constituted
ourselves into a Constituent Assembly, and
having held mutual consultations, and
in order to ensure for the people of Bangladesh equality, human dignity and social
justice,
declare and constitute Bangladesh to be a sovereign People's Republic and

thereby confirm the declaration of independence already made by Banga Bandhu
Sheikh Mujibur Rahaman, and
do hereby affirm and resolve that till such time as a Constitution is framed,
Banga Bandhu Sheikh Mujibur Rahaman shall be the President of the Republic
and that Syed Nazrul Islam shall be the Vice-President of the Republic, and
that the President shall be the Supreme Commander of all the Armed Forces of
the Republic,
shall exercise all the Executive and Legislative powers of the Republic including
the power to grant pardon,
shall have the power to appoint a Prime Minister and such other Ministers as he
considers necessary,
shall have the power to levy taxes and expend monies,
shall have the power to summon and adjourn the Constituent Assembly, and
do all other things that may be necessary to give to the people of Bangladesh and
orderly and just Government.
We the elected representatives of the people of Bangladesh do further resolve that in

the event of there being no President or the President being unable to enter upon his
office or being unable to exercise his powers due to any reason whatsoever, the Vice-
President shall have and exercise all the powers, duties and responsibilities herein
conferred on the President,
We further resolve that we undertake to observe and give effect to all duties and
obligations that devolve upon us as a member of the family of nations and to abide by
the Charter of the United Nations.
We further resolve that this Proclamation of Independence shall be deemed to have

come into effect from 26th day of March, 1971.
We further resolve that in order to give effect to this instrument we appoint Prof. Yusuf
Ali our duly Constituted potentiary and to give to the President and the Vice-President
oaths of office.
PROF. YUSUF ALI
Duly Constituted Potentiary
By and under the authority of the Constituent Assembly of Bangladesh.

Topic index
A
Access to higher education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Administrative court selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Approval or veto of general legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Attendance by legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Attorney general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
B
Budget bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26, 27
C
Cabinet removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18, 19
Cabinet selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Compensation of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Compulsory education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Constitution amendment procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Constitutional interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31, 32
Constitutionality of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7, 11
D
Designation of commander in chief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Dismissal of the legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Duty to obey the constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Duty to work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
E
Electoral commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Electoral districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Eligibility for cabinet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Eligibility for first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Eligibility for head of government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Eligibility for head of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16, 20
Eligibility for supreme court judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Emergency provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22, 39
Equality regardless of gender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11, 12
Equality regardless of origin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11, 12
Equality regardless of race . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11, 12
Equality regardless of religion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11, 12
Establishment of administrative courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Establishment of cabinet/ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Extraordinary legislative sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
F
Finance bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25, 26
First chamber representation quotas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
First chamber selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Foreign affairs representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Free education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Freedom of assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Freedom of association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Freedom of expression . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Freedom of movement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Freedom of opinion/thought/conscience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Freedom of press . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Freedom of religion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
G
General guarantee of equality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
H
Head of government removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Head of government replacement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Head of government selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Head of government's role in the legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Head of state decree power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Head of state immunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Head of state removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Head of state replacement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18, 35
Head of state selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Head of state term length . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Head of state term limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Human dignity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
I
Immunity of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Inalienable rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
International human rights treaties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
International law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11, 15
J
Judicial independence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29, 33
Judicial precedence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
L
Leader of first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Legal status of treaties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Legislative committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Legislative oversight of the executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23, 24
M
Mandatory retirement age for judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Mentions of social class . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 10
Minimum age for first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Minimum age of head of government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18, 20
Minimum age of head of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Municipal government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Name/structure of executive(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16, 18

National anthem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
National capital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
National flag . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Number of supreme court judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
O
Oaths to abide by constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Official or national languages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Official religion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Ordinary court selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Outside professions of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16, 18, 20
Ownership of natural resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
P
Political theorists/figures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7, 42, 53, 55, 56
Power to declare/approve war . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Power to pardon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Principle of no punishment without law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Prohibition of cruel treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Prohibition of double jeopardy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Prohibition of slavery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Prohibition of torture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Protection from ex post facto laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Protection from expropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Protection from self-incrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Protection from unjustified restraint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Protection of environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Protection of judges' salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Provision for matrimonial equality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Provisions for wealth redistribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Q
Quorum for legislative sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
R
Reference to art . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10, 11
Reference to country's history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6, 8, 53, 55, 56
Reference to fraternity/solidarity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 11
Regulation of evidence collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Removal of individual legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20, 21
Requirements for birthright citizenship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Restrictions on voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Right to appeal judicial decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30, 31
Right to choose occupation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Right to counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Right to culture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Right to development of personality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Right to establish a business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Right to fair trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Right to health care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9, 10
Right to join trade unions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Right to just remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Right to life . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Right to own property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Right to privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Right to protect one's reputation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Right to public trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Right to reasonable standard of living . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Right to rest and leisure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Right to self determination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Right to shelter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Right to speedy trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Right to transfer property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Right to work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9, 10
S
Scheduling of elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Selection of active-duty commanders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Separation of church and state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Size of first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Source of constitutional authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Spending bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25, 26, 27
State support for children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
State support for the disabled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
State support for the elderly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
State support for the unemployed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Structure of legislative chamber(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Structure of the courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29, 33
Supreme court powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30, 31
Supreme court selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29, 30
Supreme court term length . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Supreme/ordinary court judge removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
T
Tax bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25, 26
Term length for first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Terrorism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Transitional provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42, 48
Treaty ratification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Type of government envisioned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
U
Ultra-vires administrative actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Unamendable provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
V
Veto override procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

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Bangladesh 1972 (reinst. 1986, rev. 2014) Page 2

37. Freedom of assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Bangladesh 1972 (reinst. 1986, rev. 2014) Page 3

PART IXA. EMERGENCY PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Bangladesh 1972 (reinst. 1986, rev. 2014) Page 4

10. Public service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

Bangladesh 1972 (reinst. 1986, rev. 2014) Page 5

PART I. THE REPUBLIC

Type of government envisioned

2. The territory of the Republic

1. The territories which immediately before the proclamation of independence on

2. such other territories as may become included in Bangladesh.

Official or national languages

Bangladesh 1972 (reinst. 1986, rev. 2014) Page 6

4. National anthem, flag and emblem

Requirements for birthright citizenship

7. Supremacy of the Constitution

7A. Offence of abrogation, suspension, etc. of the

his such act shall also be the same offence.

Bangladesh 1972 (reinst. 1986, rev. 2014) Page 7

PART II. FUNDAMENTAL PRINCIPLES OF

Separation of church and state

Mentions of social class

Separation of church and state

a. communalism in all its forms;

b. the granting by the State of political status in favour of any religion;

c. the abuse of religion for political purposes;

d. any discrimination against, or persecution of, persons practicing a particular

Bangladesh 1972 (reinst. 1986, rev. 2014) Page 8

13. Principles of ownership

b. co-operative ownership, that is ownership by co-operatives on behalf of their

c. private ownership, that is ownership by individuals within such limits as may be

Provisions for wealth redistribution

Right to reasonable standard of living

c. the right to reasonable rest, recreation and leisure; and

d. the right to social security, that is to say to public assistance in cases of

17. Free and compulsory education

a. establishing a uniform, mass-oriented and universal system of education and

c. removing illiteracy within such time as may be determined by law.

Bangladesh 1972 (reinst. 1986, rev. 2014) Page 9

18. Public health and morality

19. Equality of opportunity

21. Duties of citizens and of public servants

22. Separation of Judiciary from the Executive

Bangladesh 1972 (reinst. 1986, rev. 2014) Page 10

23A. The culture of tribes, minor races, ethnic sects and

PART III. FUNDAMENTAL RIGHTS

General guarantee of equality

General guarantee of equality

Bangladesh 1972 (reinst. 1986, rev. 2014) Page 11

29. Equality of opportunity in public employment

30. Prohibition of foreign titles, etc.

Right to protect one's reputation

Protection from unjustified restraint

Bangladesh 1972 (reinst. 1986, rev. 2014) Page 12

6. Parliament may be law prescribe the procedure to be followed by an Advisory

35. Protection in respect of trial and punishment