Constitutional Text: Bangladesh 1972, Amended 2004

Constitutional Text: Bangladesh 1972, Amended 2004

CONSTITUTION OF THE PEOPLE’S REPUBLIC OF BANGLADESH
NOVEMBER 4, 1972, AS AMENDED TO MAY 16, 2004
BISMILLAH-AR-RAHIMAN-AR-RAHIM (In the name of Allah, the
Beneficent, the Merciful)
Preamble
We, the people of Bangladesh, having proclaimed our
Independence on the 26th day of March, 1971 and
through a historic war for national independence,
established the independent, sovereign People’s
Republic of Bangladesh;
Pledging that the high ideals of absolute trust and faith
in the Almighty Allah, nationalism, democracy and
socialism meaning economic and social justice, which
inspired our heroic people to dedicate themselves to,
and our brave martyrs to sacrifice their lives in the war
for national independence, shall be 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
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peace and co-operation 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
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 comprisea.
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
b. such other territories as may become included in
Bangladesh.
2A. The state religion
The state religion of the Republic is Islam, but other religions may
be practiced in peace and harmony in the Republic.
3. The state language
The state language of the Republic is Bangla.
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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 (nympoea-nouchali) resting on water, having on each
side and 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.
4A. Portrait
(1) Portrait of the President shall be preserved and displayed at
the offices of the President, Prime Minister and Speaker, and
all embassies and missions of Bangladesh abroad.
(2) In addition to clause (1), Portrait, of only the Prime Minister,
shall be preserved and displayed at the offices of the President
and the Speaker, and in head and branch offices of all
government and semi-government offices, autonomous
bodies, statutory public authorities, government educational
institutions, embassies and missions of Bangladesh abroad.
5. The capital
(1) The capital of the Republic is Dhaka.
(2) The boundaries of the capital shall be determined by law.
6. Citizenship
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(1) The citizenship of Bangladesh shall be determined and
regulated by law.
(2) The citizens of Bangladesh shall be known as Bangladeshis.
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 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.
Part II
Fundamental Principles of State Policy
8. Fundamental principles
(1) The principles of absolute trust and faith in the Almighty
Allah, nationalism, democracy and socialism meaning
economic and social justice, together with the principles
derived from them as set out in this Part, shall constitute the
fundamental principles of state policy.
(1A) Absolute trust and faith in the Almighty Allah shall be the
basis of all actions.
(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.
9. Promotion of local Government institutions
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The State shall encourage local Government institutions composed
of representatives of the areas concerned and in such institutions
special representation shall be given, as far as possible, to
peasants, workers and women.
10. Participation of women in national life
Steps shall be taken to ensure participation of women in all spheres
of national life.
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.
12. [Omitted]
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 formsa.
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.
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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 and exploitation.
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 citizensa.
the provision of the basic necessities of life, including food,
clothing, shelter, Education and medical care;
b. the right to work, that is the right to guaranteed
employment at a reasonable wage having regard to the
quantity and quality of work;
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 undeserved want arising from
unemployment, illness or disablement, or suffered by widows
or orphans or in old age, or in other such cases.
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 a
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
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The State shall adopt effective measures for the purpose ofa.
establishing a uniform, mass-oriented and universal system
of education and extending free and compulsory education to
all children to such stage as may be 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 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.
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 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.
20. Work as a right and duty
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(1) Work is a right, a duty and a matter of honour for every
citizen who is capable of 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, 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 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.
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.
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.
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25. Promotion of international peace, security and solidarity
(1) 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 principle shalla.
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, 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.
(2) The State shall endeavour to consolidate, preserve and
strengthen fraternal relations among Muslim countries based
on Islamic solidarity.
Part III
Fundamental Rights
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.
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(3) Nothing in this article shall apply to any amendment of this
Constitution made under article 142.
27. Equality before law
All citizens are equal before law and are entitled to equal protection
of law.
28. Discrimination on grounds of religion, etc.
(1) The State shall not discriminate against any citizen on
grounds 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 life.
(3) No citizen shall, on grounds only of religion, race, caste,
sex or place of birth be 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 ineligible for, or discriminated
against in respect of, any employment or office in the service
of the Republic.
(3) Nothing in this article shall prevent the State fromBANGLADESH_
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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.
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.
32. Protection of right to life and personal liberty
No person shall be deprived of life or personal liberty save in
accordance with law.
33. Safeguards as to arrest and detention
(1) No person who is arrested shall be detained in custody
without being informed, 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.
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(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 persona.
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.
(6) Parliament may by law prescribe the procedure to be
followed by an Advisory Board in an inquiry under clause (4).
34. Prohibition of forced labour
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(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 laboura.
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 to any offence except for
violation of al law in force at the time of the commission of
the act charged as an offence, nor be subjected 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 once.
(3) Every person accused of a criminal offence shall have the
right to a speedy and public trial by an independent and
impartial court or tribunal established by law.
(4) No person accused of any offence shall be compelled to be
a witness against himself.
(5) No person shall be subjected to torture or to cruel,
inhuman, or degrading punishment or treatment.
(6) Nothing in clause (3) or clause (5) shall affect the operation
of any existing law which prescribes any punishment or
procedure for trial.
36. Freedom of movement
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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.
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.
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.
39. Freedom of thought and conscience, and of speech
(1) Freedom of thought and conscience is guaranteed.
(2) Subject to any reasonable restrictions imposed by law in
the interests of the security of the State, friendly relations with
foreign states, public order, decency or morality, or in relation
to contempt of court, defamation or incitement to an offencea.
the right of every citizen of freedom of speech and
expression; and
b. freedom of the press, are guaranteed.
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.
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41. Freedom of religion
(1) Subject to law, public order and moralitya.
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.
42. Rights to property
(1) Subject to any restrictions imposed by law, every citizen
shall have the right to acquire, hold, transfer or otherwise
dispose of property, and no property shall be compulsorily
acquired, nationalised or requisitioned save by authority of
law.
(2) A law made under clause (1) shall provide for the
acquisition, nationalisation or requisition with compensation
and shall either 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 in respect of such compensation is not adequate.
(3) Nothing in this article shall affect the operation of any law
made before the commencement of the Proclamations
(Amendment) Order, 1977 (Proclamations Order No. I of
1977), in so far as it relates to the acquisition, nationalisation
or acquisition of any property without compensation.
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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 healtha.
to be secured in his home against entry, search and
seizure; and
b. 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 (I) of article 102 for the enforcement of the rights
conferred by this Part of 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
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 be 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
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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
Parta.
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 rights of 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;
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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 provision thereof providing for detention,
prosecution or punishment of any person, who is a member of
any armed or defence or auxiliary forces 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. In applicability 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.
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Part IV
The Executive
Chapter I
The President
48. The President
(1) There shall be a President of Bangladesh who shall be
elected by members of 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
hea.
is less than thirty-five years of age; or
b. is not qualified for election 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 and foreign policy, and submit for the
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consideration of the Cabinet any matter which the President
may request him to refer to it.
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 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 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 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.
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.
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(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.
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 charges, 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
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to in clause (4) the Speaker shall cease to exercise the
functions of President.
53. Removal of President of 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.
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(6) If before the motion for removal is made is 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.
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
55. The Cabinet
(1) There shall be a Cabinet for Bangladesh having the Prime
Minister at its head and comprising also such other Minister
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.
(4) All executive actions of the Government shall be expressed
to be taken in the name of the President.
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(5) The President shall by rules specify the manner in which
orders and other instruments made in his name shall be
attested of 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. Minister
(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 of State and Deputy Ministers,
shall be made by the President:
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 appears to him to command the support of
the majority of the members of Parliament.
(4) If occasion arises for making any appointment under
clause (2) of 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.
57. Tenure of office of Prime Minister
25

(1) The office of the Prime Minister shall be vacanta.
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.
58. Tenure of office of other Ministers
(1) The office of a Minister other than the Prime Minister shall
become vacanta.
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 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,
26

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.
58A. Application of Chapter
Nothing in this Chapter, except the provision of article 55(4), (5)
and (6), shall apply during the period in which Parliament is
dissolved or stands dissolved:
Provided that, notwithstanding anything contained in Chapter IIA,
where the President summons Parliament that has been dissolved to
meet under article 72(4), this Chapter shall apply.
Chapter IIA
Non-Party Care-Taker Government
58B. Non-Party Care-taker Government
(1) There shall be a Non-Party Care-taker Government during
the period from the date on which the Chief Adviser of such
government enters upon office after Parliament is dissolved or
stands dissolved by reason of expiration of its term till the
date on which a new Prime Minister enters upon his office
after the constitution of Parliament.
27

(2) The Non-Party Care-taker Government shall be collectively
responsible to the President.
(3) The executive power of the Republic shall, during the
period mentioned in clause (1), be exercised, subject to the
provisions of article 58D(1), in accordance with this
Constitution, by or on the authority of the Chief Adviser and
shall be exercised by him in accordance with the advice of the
Non-Party Care-taker Government.
(4) The provisions of article 55(4), (5) and (6) shall (with the
necessary adaptations) apply to similar matters during the
period mentioned in clause (1).
58C. Composition of the Non-Party Care-taker Government,
appointment of Advisers, etc.
(1) Non-Party Care-taker Government shall consist of the Chief
Adviser at its head and not more than ten other Advisors, all
of whom shall be appointed by the President.
(2) The Chief Adviser and other Advisers shall be appointed
within fifteen days after Parliament is dissolved or stands
dissolved, and during the period between the date on which
Parliament is dissolved or stands dissolved and the date on
which the Chief Adviser is appointed, the Prime Minister and
his cabinet who were in office immediately before Parliament
was dissolved or stood dissolved shall continue to hold office
as such.
(3) The President shall appoint as Chief Adviser the person
who among the retired Chief Justices of Bangladesh retired
last and who is qualified to be appointed as an Adviser under
this article:
Provided that if such retired Chief Justice is not available or is
not willing to hold the office of Chief Adviser, the President
shall appoint as Chief Adviser the person who among the
28

retired Chief Justices of Bangladesh retired next before the
last retired Chief Justice.
(4) If no retired Chief Justice is available or willing to hold the
office of Chief Advise, the President shall appoint as Chief
Adviser the person who among the retired Judges of the
Appellate Division retired last and who is qualified to be
appointed as an Adviser under this article:
Provided that if such retired Judge is not available or is not
willing to hold the office of Chief Adviser, the President shall
appoint as Chief Adviser the person who among the retired
Judges of the Appellate Division retired next before the last
such retired Judge.
(5) If no retired judge of the Appellate Division is available or
willing to hold the office of Chief Adviser, the President shall,
after consultation, as far as practicable, with the major
political parties, appoint the Chief Adviser from among
citizens of Bangladesh who are qualified to be appointed as
Advisers under this article.
(6) Notwithstanding anything contained in this Chapter, if the
provisions of clauses (3), (4) and (5) cannot be given effect to,
the President shall assume the functions of the Chief Adviser
of the Non-Party Care-taker Government in addition to his own
functions under this Constitution.
(7) The President shall appoint Advisers from among the
persons who area.
qualified for election as members of parliament;
b. not members of any political party or of any
organisation associated with or affiliated to any political
party;
c. not, and have agreed in writing not to be, candidates
for the ensuing election of members of parliament;
29

d. not over seventy-two years of age.
(8) The Advisers shall be appointed by the President on the
advice of the Chief Adviser.
(9) The Chief Adviser or an Adviser may resign his office by
writing under his hand addressed to the President.
(10) The Chief Adviser or an Adviser shall cease to be Chief
Adviser or Adviser if he is disqualified to be appointed as such
under this article.
(11) The Chief Adviser shall have the status, and shall be
entitled to the remuneration and privileges, of a Prime
Minister and an Adviser shall have the status, and shall be
entitled to the remuneration and privileges, of a Minister.
(12) The Non-Party Care-taker Government shall stand
dissolved on the date on which the prime Minister enters upon
his office after the constitution of new parliament.
58D. Functions of Non-Party Care-taker Government
(1) The Non-Party Care-taker Government shall discharge its
functions as an interim government and shall carry on the
routine functions of such government with the aid and
assistance of persons in the services of the Republic; and,
except in the case of necessity for the discharge of such
functions its shall not make any policy decision.
(2) The Non-Party Care-taker Government shall give to the
Election Commission all possible aid and assistance that may
be required for bolding the general election of members of
parliament peacefully, fairly and impartially.
58E. Certain provisions of the Constitution to remain ineffective
30

Notwithstanding anything contained in articles 48(3), 141A(1) and
141C(1) of the Constitution, during the period the Non-Party Caretaker
government is functioning, provisions in the constitution
requiring the President to act on the advice of the Prime Minister or
upon his prior counter-signature shall be ineffective.
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 toa.
Administration and the work of public officers;
b. the maintenance of public order;
c. the preparation and implementation of plans relating
to public services 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.
Chapter IV
The Defence Services
61. Supreme Command
31

The supreme command of the defence services of Bangladesh shall
vest in the President and the exercise thereof shall be regulated by
law and such law shall, during the period in which there is a Non-
Party Care-taker Government under article 58B, be administered by
the President.
62. Recruitment, etc., of defence services
(1) Parliament shall by law provide for regulatinga.
the raising and maintaining of the defence services of
Bangladesh and of their reserves;
b. the grant of commissions therein;
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 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.
* * * * * *
Chapter V
The Attorney -General
64. The Attorney -General
32

(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
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:
Provided that nothing in this clause shall prevent Parliament
from delegating to 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 with law from single territorial
constituencies by direct election and, for so long as clause (3)
is effective, the members provided for in that clause; the
member shall be designated as Members of Parliament.
33

(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 forty-five 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.
(4) The seat of Parliament shall be in the capital.
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, and to be, a member of Parliament
if he is a citizen of Bangladesh and has 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;
34

(dd) holds any office of profit in this service of the
Republic other than an office which is declared by law
not to disqualify its holders; or
* * * * * *
* * * * * *
(g) is disqualified for such election by or under any law.
(2A) For the purposes of this article a person shall not be
deemed to hold an office of profit in the service of the
Republic by reason only that he is a President, Prime Minister,
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).
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:
35

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 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.
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.
36

(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 resigns from that party or votes in
Parliament against the party. Explanation. – If a member of
Parliament-
(a) being present in Parliament abstains from voting, or
(b) absents himself from any sitting of Parliament,
ignoring the direction of the party which nominated him
at the election as a candidate not to do so, he shall be
deemed to have voted against that party.
(2) If, at any time, any question as to the leadership of the
Parliamentary party of a political party arises, the Speaker
shall, within seven days of being informed of it in writing by a
person claiming the leadership of the majority of the
members of that party in Parliament, convince a meeting of all
members of Parliament of that party in accordance with the
Rules of procedure of Parliament and determine its
Parliamentary leadership by the votes of the majority through
division and if, in the matter of voting in Parliament, any
member does not comply with the direction of the leadership
so determined, he shall be deemed to have voted against that
party under clause (1) and shall vacate his seat in the
Parliament.
(3) If a person, after being elected a member of Parliament as
an independent candidate, joins any political party, he shall,
for the purpose of this article, be deemed to have been
elected as a nominee of that Party.
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.
37

(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 public notification and when summoning
Parliament the President shall specify the time and place of
the first meeting:
Provided that 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.
38

(3) Unless sooner dissolved by the President, Parliament shall
stand dissolved on the expiration of the period of five years
from the date of its first meeting:
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 members of Parliament the President is
satisfied that owing to the existence of a state of war in which
he 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 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
39

(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 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.
40

(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
41

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 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.
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;
42

(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 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
then on oath, affirmation or otherwise;
(b) compelling the production of documents.
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.
78. Privileges and immunities of Parliament and members
43

(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 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
44

(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 assent.
(3) The President, within fifteen days after a Bill is presented
to him shall assent to the Bill or, in the case of a Bill other
than a money Bill may return it to parliament with a message
requesting that the Bill or any particular provisions thereof by
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 President’s message, and if the Bill is
again passed by Parliament with or without amendments by
the votes of a majority of the total number of members of
Parliament, 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.
81. Money 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;
45

(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.
82. Recommendation for financial measures
No Money Bill, or any Bill which involves expenditure from public
moneys, shall be introduced into Parliament except on the
recommendation of the President:
46

Provided that 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. Mo 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
47

(b) any court to the credit of any cause, matter, account or
persons, shall be paid into the Public Account of the Republic.
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;
(ii) the Judges of the Supreme Court;
(iii) the Comptroller and Auditor-General;
(iv) the Election Commissioners;
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(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.
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.
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
49

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
50

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,
ParliamentBANGLADESH_
2004 51

(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. [Omitted]
Chapter III
Ordinance Making 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;
52

(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
94. Establishment of Supreme Court
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(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 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 Judges shall be independent in the
exercise of their judicial functions.
95. Appointment of Judges
(1) The Chief Justice and other Judges shall be appointed by
the President.
(2) A person shall not be qualified for appointment as a Judge
unless he is a citizen of Bangladesh and-
(a) has, for not less than ten years, been a 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 articles, “Supreme Court” includes a Court which at
any time before the commencement of the Second
Proclamation (Tenth Amendment) Order, 1977, exercised
jurisdiction as a High Court or Supreme Court in the territory
now forming part of Bangladesh.
54

96. Tenure of office of Judges
(1) Subject to the Other provisions of this article, a Judge shall
hold office until he attains the age of sixty-seven years.
(2) A Judge shall not be removed from office except in
accordance with the following provisions of this article.
(3) There shall be a Supreme Judicial Council, in this article
referred to as the council, which shall consist of the Chief
Justice of Bangladesh, and the two next senior Judges:
Provided that if, at any time, the Council is inquiring into the
capacity or conduct of a Judge who is a member of the
Council, or a member of the Council is absent or is unable to
act due to illness or other cause, the Judge who is next in
seniority to those who are members of the Council shall act as
such member.
(4) The function of the Council shall be-
(a) to prescribe a Code of Conduct to be observed by the
Judges; and
(b) to inquire into the capacity or conduct of a Judge or
of any other functionary who is not removable from
office except in like manner as a Judge.
(5) Where, upon any information received from the Council or
from any other source, the President has reason to apprehend
that a Judge-
(a) may have ceased to be capable of properly
performing the functions of his office by reason of
physical or mental incapacity; or
55

(b) may have been guilty of gross misconduct, the
President may direct the Council to inquire into the
matter and report its finding.
(6) If, after making the inquiry, the Council reports to the
President that in its opinion the Judge has ceased to be
capable of properly performing the functions of his office or
has been guilty of gross misconduct, the President shall, by
order, remove the Judge from office.
(7) For the purpose of an inquiry this article, the Council shall
regulate its procedure and shall have, in respect of issue and
execution of processes, the same power as the Supreme
Court.
(8) 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.
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 person 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 as
an ad hoc Judge and such Judge while so sitting shall exercise the
56

same jurisdiction, powers and functions as a Judge of the Appellate
Division:
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
(1) Except as provided in clause (2), a person who has held
office as a Judge otherwise than as an Additional Judge shall
not, after his retirement or removal therefrom, plead or act
before any court or authority or hold any office or profit in the
service of the Republic not being a judicial or quasi-judicial
office or the office of Chief Adviser or Adviser.
(2) 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.
Article 100 as amended by the said Act runs thus:-
“100. Seat of Supreme Court.-
(1) Subject to this article, the permanent seat of the
Supreme Court shall be in the capital.
(2) The High Court Division and the Judges thereto shall
sit at the permanent seat of the Supreme Court and at
the seats of its permanent Benches.
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(3) The High Court Division shall have a permanent
Bench each at Barisal, Chittagong, Comilla, Jessore,
Rangpur and Sylhet, and each permanent Bench shall
have such Benches as the Chief Justice may determine
from time to time.
(4) A permanent Bench shall consist of such number of
Judges of the High Court Division as the Chief Justice
may deem it necessary to nominate to that Bench from
time to time and on such nomination the Judges shall be
deemed to have been transferred to that Bench.
(5) The President shall, in consultation with the Chief
Justice, assign the area in relation to which each
permanent Bench shall have jurisdictions, powers and
functions conferred or that may be conferred on the
High Court Division by this Constitution or any other
law; and the area not so assigned shall be the area in
relation to which the High Court Division sitting at the
permanent seat of the Supreme Court Shall have such
jurisdictions, powers and functions.
(6) The Chef Justice shall make rules to provide for all
incidental, supplemental or consequential matters
relating to the permanent Benches.”
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.
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
58

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-
(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-
(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.
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(4) Whereon an application made under clause (1) or subclause
(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.
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 interpretation of this constitution; or
(b) has sentenced a person to death or to imprisonment
for life; or
60

(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.
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
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(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 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.
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
62

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
judgement 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.
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
Al 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
63

114. Establishment of subordinate courts
There shall be in addition to the Supreme Court such courts
subordinate thereto as may be established by law.
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.
116A. Judicial officers to be independent in the exercise of their
functions
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;
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(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
118. Establishment of Election Commission
(1) There shall an Election Commission for Bangladesh
consisting of a Chief Election Commissioner and such number
of other Election Commissioners, if any as the President may
from time to time direct, 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;
65

(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 address to the President.
119. Functions of Election Commission
(1) The superintendence, direction and control of the
preparation of the election rolls for elections to the office or
President and to Parliament and the conduct of such elections
shall vest in the Election Commission which shall, in
accordance with his 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
(d) prepare electoral roles for the purpose of elections to
the office of President and to Parliament.
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(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 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; and
(d) is or is deemed by law to be a resident of that
constituency.
123. Time for holding elections
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(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 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 members of Parliament shall be held
within ninety days after Parliament is dissolved, whether by
reason of the expiration of its term or otherwise than by
reason of such expiration.
(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
68

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 offices 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.
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
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(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 this 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 ground as a judge of the
Supreme Court.
(3) The Auditor-General may resign his office by writing under
his hand addressed to the President.
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(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 person 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
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person 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
(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
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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.
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
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(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 sixtyfive
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 he
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 reappointment
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 examinations for the selection of
suitable persons for appointment of the service of the
Republic;
(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
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(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.
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(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.
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:
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 subclause
(c), the Proclamation shall cease to operate at the
expiration of thirty days from the date on which
Parliament first meets after its re-constitution, unless
before that expiration of the meets after its reconstitution,
unless before that expiration of the said
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period of thirty days a resolution approving the
Proclamation has been passed by Parliament.
(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.
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(3) Every order made under this article shall, as soon as may
be, be laid before Parliament.
Part X
Amendment of the Constitution
142. Power to amend any provision of the Constitution
(1) Notwithstanding anything contained in this Constitution-
(a) any provision thereof may be 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.
(1A) Notwithstanding anything contained in clause (1), when a
Bill, passed as a aforesaid,, which provides for the amendment
of the Preamble or any provisions of articles 8, 48 or 56 or
this article, is presented to the President for assent, the
President, shall within the period of seven days, after the Bill
is presented to him, cause to be referred to a referendum the
question whether the Bill should or should not be assented to.
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(1B) A referendum under this article shall be conducted by the
Election Commission, within such period and in such manner
as may be provided by law, amongst the person enrolled on
the electoral roll prepared for the purpose of election to
Parliament.
(1C) On the day on which the result of the referendum
conducted in relation to a Bill under this article is declared,
the President shall be deemed to have-
(a) assented to the Bill, if the majority of the total votes
cast are in favour of the Bill being assented to; or
(b) Withheld assent therefrom, if the majority of the total
votes cast are not in favour of the Bill being assented to.
(1D) Nothing in clause (1C) shall be deemed to be an
expression of confidence or no-confidence in the Cabinet or
Parliament.
(2) Nothing in article 26 shall apply to any amendment made
under this article.
Part XI
Miscellaneous
143. Property of the Republic
(1) There shall vest in the Republic, in addition to any other
land or property lawfully 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
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(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.
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.
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146. Suits in name of Bangladesh
The Government of Bangladesh may sue or be sued by the name of
Bangladesh.
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 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 abovementioned.
(4) This article applies to the offices of-
(a) President;
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(b) Prime Minister and Chief Advisor;
(c) Speaker or Deputy Speaker;
(d) Minister, Advisor, 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.
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(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.
150. Transitional and temporary provisions
The transitional and temporary provisions set out in the Fourth
Schedule shall have effect notwithstanding any Other provisions of
this Constitution.
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);
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(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-
Interpretation “Administrative unit” means a district or
other area designated by law for the purposes of article
59;
“Advisor” means a person appointed to that office under
article 58C;
“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 Adviser” means a person appointed to that office
under article 58C;
“Chief Election Commissioner” means a person
appointed to that office under article 118;
“The Chief Justice” means the Chief Justice of
Bangladesh;
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“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;
“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
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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;
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“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;
“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;
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“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.
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(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.
First Schedule
[Article 47]
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 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)
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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)
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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.
Second Schedule – Election of President [Omitted]
Third Schedule
[Article 148]
Oaths and Affirmations
1. The President.- An oath (or affirmation) in the following form
shall be administered by the Chief Justice-
“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. The President in the case of performing the functions of the
Chief Adviser.- Oaths (or Affirmations) in the following forms shall
be administered by the Chief Justice-
(a) Oath (or Affirmation) of office:
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“I, …………………., do solemnly swear (or Affirm) that I
will faithfully discharge the duties of the office of Chief
Adviser of the Non-Party Care-taker government
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.”
(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 Chief
Adviser of the Non-Party Care-taker government except
as may be required for the due discharge of my duty as
Chief Adviser.”
2. The 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:
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And That I will do right to all manner of people
according to law, without fear of favour, affection or illwill.”
(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. In Chief Adviser …………………………… and Advisers.- 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 the Chief Adviser (or Adviser) of the Non-Party
Care-taker Government, according to law:
That I will bear true faith and allegiance to Bangladesh:
That I will preserve, protect and defend the Constitution:
That I will do right to all manner of people according to
law, without fear or 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 Chief Adviser (or Adviser of the Non-party CareBANGLADESH_
2004 93

taker Government, except as may be required for the
due discharge of my duty as Chief Adviser (or Adviser).”
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
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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
form 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:
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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.”
Fourth Schedule
[Article 150]
Transitional and Temporary Provisions
1. Dissolution of Constituent Assembly.
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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 electional 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.
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(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.
(1) The Proclamations of the 20th August, 1975, and 8th
November, 1975, and Third Proclamation of the 29th
November, 1976, and all other Proclamations and Orders
amending or supplementing them, hereinafter in this
paragraph collectively referred to as the said Proclamations
and all Martial Law Regulations, Martial Law Orders and all
other laws made during the period between the 15th day of
August, 1975 and the date of revocation of the said
Proclamations and withdrawal of Martial Law (both days
inclusive), hereinafter in this paragraph referred to as the said
period, shall be deemed to have been validly made and shall
not be called in question in or before any Court or Tribunal on
any ground whatsoever.
(2) All orders made, act and things done, and actions and
proceedings taken, or purported to have been made, done or
taken, by the President or the Chief Martial Law Administrator
or by any other person or authority during the said period, in
exercise or purported exercise of the powers derived from any
of the said Proclamations or any Martial Law Regulation or
Martial Law Order or any other law, or in execution of or in
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compliance with any order made or sentence passed by any
Court or authority in the exercise or purported exercise of
such powers, shall be deemed to have been validly made,
done or taken and shall not be called in question in or before
any Court, or Tribunal on any ground whatsoever.
(3) No suit, prosecution or other legal proceeding shall lie in
any Court or Tribunal against any person or authority for or
on account of or in respect of any order made, act or thing
done, or action or proceeding taken whether in the exercise or
purported exercise of the powers referred to in sub-paragraph
(2) or in execution of or in compliance with orders made or
sentences passed in exercise or purported exercise of such
powers.
(4) All amendments, additions, modifications, substitutions
and omissions made in this Constitution by the said
Proclamations shall have effect as if such amendments,
additions, modifications, substitutions and omissions were
made in accordance with, and in compliance with the
requirements of this Constitution.
(5) Upon the revocation of the said Proclamations and the
withdrawal of Martial Law this Constitution shall, subject to
amendments, additions, modifications, substitutions and
omissions as aforesaid, have effect and operate as if it had
been in continuous operation.
(6) The revocation of the said Proclamations and the
withdrawal of Martial Law shall not review or restore any right
or privilege which was not existing at the time of such
revocation and withdrawal.
(7) All laws in force immediately before the revocation of the
said Proclamations and withdrawal of Martial Law shall,
subject to the Proclamation revoking the said Proclamation an
withdrawing the Martial Law, continue in force until altered,
amended or repealed by the competent authority.
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(8) The General Clauses Act, 1897, shall apply to the said
Proclamations and the Martial Law Regulations and Martial
Law Orders made during the said period and also to the
revocation of the said Proclamations and the withdrawal of
Martial Law and the repeal of the said Martial Law Regulations
and Martial Law Orders as it applies to, and to the repeal of,
an Act of Parliament as if the said Proclamations and the
Proclamation revoking them and withdrawing the Martial Law
and the Marital Law Regulations and Martial Law Orders were
all Acts of Parliament.
(9) In the event of any conflict, contradiction, discrepancy or
inconsistency between the Bengali and the English text of the
Constitution, in so far as it relates to any amendment,
addition, modification, substitution or omission made in any
of the texts or in both the texts by the said Proclamations, the
English text shall prevail.
(10) In this paragraph, ‘law’ includes Ordinances, rules,
regulations, bye-law, orders, notifications and other
instruments having the force of law.
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
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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 judgement or order of the High Court delivered or made
before the commencement of this Constitution shall have the
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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.
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6A. Provisions as to existing Judges and pending proceedings.
(1) The person holding office of Chief Justice of Bangladesh
immediately before the commencement of the Second
Proclamation (Seventh Amendment) Order, 1976 (hereinafter
referred to as the said Order), and every person who then held
office as Judge or Additional Judge of the Appellate Division of
the Supreme Court shall as from such commencement hold
office as Chief Justice, Judge or Additional Judge of the
Supreme Court, as the case may be on the same terms and
conditions as to remuneration and other privileges as were
applicable to him immediately before such commencement.
(2) A person holding office as Judge or Additional Judge of the
High Court Division of the Supreme Court immediately before
the commencement of the said Order shall as from such
commencement hold office as Judge or Additional Judge of
the High Court as the case may be, on the same terms and
conditions as the remuneration and other privileges as were
applicable to him immediately before such commencement.
(3) All legal proceedings pending before the Appellate Division
of the Supreme Court immediately before the commencement
of the said Order shall on such commencement stand
transferred to and be denied to be pending before, the
Supreme Court for determination; and any judgment, or order
of the Appellate Division of the Supreme Court delivered or
made before such commencement shall have the same force
and effect as if it had been delivered or made by the Supreme
Court.
(4) All legal proceedings pending before the High Court
Division of the Supreme Court immediately before the
commencement of the said Order shall on such
commencement stand transferred to, and be deemed to be
pending before, the Supreme court for determination; and any
judgement or order of the High Court Division delivered or
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made before such commencement shall have the same force
and effect as if had been delivered or made by the High Court.
(5) Subject to the other provisions of this Constitution, the
Supreme Court shall have the same functions, jurisdiction and
powers as were, immediately before the commencement of
the said Order, exercisable by the Appellate Division of the
Supreme Court, and references in any law, legal instrument or
other documents to the Appellate Division of the Supreme
Court shall, unless the context otherwise requires, be
construed as references to the Supreme Court.
(6) Subject to the other provisions of this Constitution, the
High Court shall have the same functions, jurisdiction and
powers as were, immediately before the commencement of
the said Order, exercisable by the High Court Division of the
Supreme Court, and references in any law, legal instrument or
other document to the High Court Division of the Supreme
Court shall, unless the context otherwise requires, be
construed as references to the High Court.
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.
(1) A person holding office as Chief Justice or Judge or
Additional Judge of the Supreme Court of Chief Justice or
Judge or Additional Judge of the High Court immediately
before the Commencement of the Second Proclamation (Tenth
Amendment) Order, 1977 (hereinafter referred to as the said
Order), shall, if he has attained the age of sixty-two years on
the date of such commencement, stand retired on that date.
(2) A person holding office as Chief Justice or Judge or
Additional Judge of the Supreme Court immediately before the
commencement of the said Order shall, if he has not attained
the age of sixty-two years on the date of such
commencement, as from such commencement hold office as
Chief Justice of Bangladesh or Judge or Additional Judge of the
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Appellate Division as the case may be, on the same terms and
conditions as to remuneration and other privileges as were
applicable to him immediately before such commencement.
(3) The person holding office as Chief Justice of the High
Court immediately before the commencement of the said
Order shall, if he has not attained the age of sixty-two years
on the date of such commencement, as from such
commencement hold office as Judge of the High Court
Division on the same terms and conditions as to remuneration
and other privileges as were applicable to him immediately
before such commencement.
(4) A person holding office as Judge or Additional Judge of the
High Court immediately before the commencement of the said
Order shall, if he has not attained the age of sixty-two years
on the date of such commencement, as from such
commencement hold office as Judge or Additional Judge of
the High Court Division, as the case may be, on the same
terms and conditions as to remuneration and other privileges
as were applicable to him immediately before such
commencement.
(5) All legal proceedings pending before the Supreme Court
immediately before the commencement of the said Order shall
on such commencement stand transferred to, and be deemed
to be pending before, the Appellate Division for
determination; and any judgment or order of the Supreme
Court delivered or made before such commencement shall
have the same force and effect as if it had been delivered or
made by the Appellate Division.
(6) All legal proceedings pending before the High Court
immediately before the commencement of the said Order shall
on such commencement stand 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 such commencement shall have the
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same force and effect as if it had been delivered or made by
the High Court Division.
(7) Subject to the other provisions of this Constitution, the
Appellate Division shall have the same functions, jurisdiction
and powers as were, immediately before the commencement
of the said Order, exercisable by the Supreme Court, and
references in any law, legal instrument or other document to
the Supreme Court shall, unless the context otherwise
requires, be construed as references to the Appellate Division.
(8) Subject to the other provisions of this Constitution, the
High Court Division shall have the same functions, jurisdiction
and powers as were, immediately before the commencement
of this said Order, exercisable by the High Court, and
references in any law, legal instrument or other document to
the High Court shall, unless the context otherwise requires,
be construed as references to the High Court Division.
(9) The person holding office as Advocate-General
immediately before the commencement of the said Order shall
on such commencement cease to hold office.
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.
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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
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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.
* * * * * *
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
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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
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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.
All Proclamations, Proclamation Orders, Marital Law Regulations,
Martial Law Orders and other laws made during the period between
the 15th August, 1975, and the 9th April, 1979 (both days inclusive),
all amendments, additions, modifications, substitutions and
omissions made in this Constitution during the said period by any
such Proclamation, all orders made, acts and things done, and
actions and proceedings taken, or purported to have been made,
done or taken, by any person or authority during the said period in
exercise of the powers derived or purported to have been derived
from any such Proclamation, Martial Law Regulation, Marital Law
Order or any other law, or in execution of or in compliance with any
order made or sentence passed by any court, tribunal or authority
in the exercise or purported exercise of such powers, are hereby
ratified and confirmed and are declared to have been validly made,
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done or taken and shall not be called in question in or before any
court, tribunal or authority on any ground whatsoever.
19. Ratification and confirmation of the Proclamation of the 24th
March, 1982, etc.
(1) The Proclamation of the 24th March, 1982 hereinafter in
this paragraph referred to as the said Proclamation, and all
other Proclamations, Proclamation Order, Chief Marital Law
Administrator’s Orders, Martial Law Regulations, Martial Law
Orders, Martial Law Instructions, Ordinances and all other
laws made during the period between the 24th March, 1982,
and the date of commencement of the Constitution (Seventh
Amendment) Act, 1986 (Act 1 of 1986) (both days inclusive),
hereinafter in this paragraph referred to as the said period,
are hereby ratified and confirmed and declared to have been
validly made and shall not be called in question in or before
any court, tribunal or authority on any ground whatsoever.
(2) All orders made, acts and things done, and actions and
proceedings taken, or purported to have been made, done or
taken, by the President or the Chief Martial Law Administrator
or by any other person or authority during the said period, in
exercise or purported exercise of the powers derived from the
said Proclamation or from any other Proclamation,
Proclamation Order, Chief martial Law Administrator’s Order,
Martial Law Regulation, Martial Law Order, Martial Law
Instruction, Ordinance or any other Law, or in execution of or
in compliance with any order made or sentence passed by any
court, tribunal or authority in the exercise or purported
exercise of such powers, shall be deemed to have been validly
made, done or taken and shall not be called in question in or
before any court, tribunal or authority on any ground
whatsoever.
(3) No suit, prosecution or other legal proceedings shall lie in
any court or tribunal against any person or authority for or on
account of or in respect of any order made, act or thing done,
or action or proceedings taken whether in the exercise or
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purported exercise of the powers referred to in sub-paragraph
(2) or in exercise or purported exercise or such powers.
(4) All appointments made during the said period to any office
mentioned in the Third Schedule shall be deemed to have
been validly made and shall not be called in question in or
before any court, tribunal or authority on any ground
whatsoever, and any person appointed under this said
Proclamation to any such office during the said period and
holding such office immediately before the date of
commencement of the Constitution (Seventh Amendment) Act,
1986 (Act I of 1986), hereinafter in this paragraph referred to
as the said Act shall, as from that date hold such office as if
appointed to that office under this Constitution; and shall, as
soon as practicable after that date, make and subscribe before
the appropriate person and oath or affirmation in the form set
out in the Third Schedule.
(5) All appointments made by the Chief Martial law
Administrator during the said period to any office or post
which is continuing after the date of commencement of the
said Act shall, as from that date, be deemed to be
appointments made by the President.
(6) All Ordinances and other laws in force immediately before
the date of commencement of the said Act shall, subject to
the Proclamation revoking the said Proclamation and
withdrawing the Martial Law, continue in force until altered,
amended or repealed by competent authority.
(7) Upon the revocation of the said Proclamation and
withdrawal of martial Law, this Constitution shall stand fully
revived and restored and shall, subject to the provisions of
this paragraph, have effect and operate as if it had never been
suspended.
(8) The revocation of the said Proclamation and withdrawal of
Martial Law shall not revive or restore any right or privilege
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which was not existing at the time of such revocation and
withdrawal.
(9) The General Clauses Act, 1987, shall apply to the said
Proclamation, and all other Proclamations, Proclamation
Orders, Chief Martial Law Administrator’s Orders, Martial Law
Regulations, Martial Law orders and Martial Law instructions
made during the said period and also to the revocation of the
said Proclamation and other Proclamations and the repeal of
the said Proclamation Orders, Chief Martial Law
Administrator’s Order, Martial Law Regulations, Martial Law
Orders and Martial Law Instructions as it applies to, and to the
repeal of, an Act of Parliamation Orders, Chief Martial Law
Administrator’s Orders, Martial Law Regulations, Martial Law
Orders and Martial Law Instructions and the Proclamation
revoking the said Proclamation were all Acts of Parliament.
(10) In this paragraph, “law” includes rules, regulations, byelaws,
orders, notifications and other instruments having the
force of law.
* * * * * *
21. Ratification and confirmation of the appointment of Vice-
President, etc.
(1) The appointment of, and the administration of oath to the
Chief Justice of Bangladesh as Vice-President on the 21st day
of Agrahayan, 1397 B.S. corresponding to the 6th day of
December, 1990 and the resignation tendered to him by the
then President and all powers exercised, all laws and
Ordinances made and all orders made, acts and things done,
and actions taken, or purported to have been made, done or
taken by the said Vice-President acting as President during the
period between the 21st day of Agrahayan, 1397 B.S.
corresponding to the 6th day of December, 1990 and the date
of commencement of the Constitution (Eleventh Amendment)
Act, 1991 (Act No. XXIV of 1991) (both days inclusive) or till
the new President elected under article 48(1) of the
Constitution has entered upon his office (whichever is later),
are hereby ratified and confirmed and declared to have been
validly made, administered, tendered, exercised, done and
taken according to law.
(2) The said Vice-President shall, after the commencement of
the Constitution (Eleventh Amendment) Act, 1991 (Act No.
XXIV of 1991), and after the new President elected under this
Constitution has entered upon his office, be eligible to resume
the duties and responsibilities of the Chief Justice of
Bangladesh and the period between the 21st day of Agrahayan,
1397 B.S. corresponding to the 6th day of December, 1990 and
the date of which he resumes such duties and responsibilities
shall be deemed to be the period of actual service within the
meaning of section 2(a) of the Supreme Court Judges (Leave,
Pension and Privileges) Ordinance, 1982 (Ordinance No. XX of
1982).
22. Notwithstanding anything contained in the Constitution, the
Parliament functioning immediately before the commencement of
the Constitution functioning immediately before the
commencement of the Constitution (Twelfth Amendment) Act, 1991
(Act No. XXVIII of 1991) shall be deemed to have been duly elected
and constituted in accordance with the Constitution and Law and
shall continue to function under the provisions of article 72 of the
Constitution.
23. Temporary special provision regarding women members in the
Parliament.
(1) For the residual period of the Parliament in existence at
the time of the commencement of the Constitution
(Fourteenth Amendment) Act, 2004, there shall be reserved
forty-five seats exclusively for women members and they will
be elected by the members of the Parliament in accordance
with law on the basis of procedure of proportional
representation in the Parliament through single transferable
vote.

Constitutional Text: Bangladesh 1972, Amended 2004

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Attorney, Bills, Continental Shelf, Education, Enforcement of laws, Other provisions, Rule of law, Subscribe, Treaties.


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