| Act No | 72 | Part | 12 |
|---|---|---|---|
| Act Year | 1972 | Chapter | |
| Act Date | 04 Nov, 1972 | Section | 153 |
| Amendment | Schedule | 7 | |
| Last Amendment | Form |
In the name of the Creator, the Merciful.]
We, the people of Bangladesh, having proclaimed our independence on the 26th day of March, 1971 and through 2[a historic struggle for national liberation], established the independent, sovereign People's Republic of Bangladesh;
3[Pledging that the high ideals of nationalism, socialism, democracy and secularism, which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in, the national liberation struggle, shall be the fundamental principles of the Constitution;]
Further pledging that it shall be a fundamental aim of the State to realise through the democratic process a socialist society, free from exploitation a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens;
Affirming that it is our sacred duty to safeguard, protect and defend this Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh so that we may prosper in freedom and may make our full contribution towards international peace and 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.
Bangladesh is a unitary, independent, sovereign Republic to be known as the People's Republic of Bangladesh.
The territory of the Republic shall comprise –
(a) the territories which immediately before the Proclamation of Independence on the 26th day of March, 1971 constituted East Pakistan 1[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.
1[(1) The principles of nationalism, socialism, democracy and secularism, together with the principles derived from those as set out in this Part, shall constitute the fundamental principles of state policy.]
(2) The principles set out in this Part shall be fundamental to the governance of Bangladesh, shall be applied by the State in the making of laws, shall be a guide to the interpretation of the Constitution and of the other laws of Bangladesh, and shall form the basis of the work of the State and of its citizens, but shall not be judicially enforceable.
(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.
1[(3) Nothing in this article shall apply to any amendment of this Constitution made under article 142.]
(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 he –
(a) is less than thirty five years of age; or
(b) is not qualified for election as a member of Parliament; or
(c) has been removed from the office of President by impeachment under this Constitution.
(5) The Prime Minister shall keep the President informed on matters of domestic and foreign policy, and submit for the consideration of the Cabinet any matter which the President may request him to refer to it.
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.
(1) Subject to the provisions of this Constitution, the President shall hold office for a term of five years form 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.
(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 his office, but this clause shall not prejudice the right of any person to take proceedings against the Government.
(2) During his term of office no criminal proceedings whatsoever shall be instituted or continued against the President in, and no process for his arrest or imprisonment shall issue from, any court.
(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 Parliament and delivered to the Speaker, setting
out the particulars of the charge, and the motion shall not be debated earlier than fourteen nor later than thirty days after the notice is so delivered; and the Speaker shall forthwith summon Parliament if it is not in session.
(2) The conduct of the President may be referred by Parliament to any court, tribunal or body appointed or designated by Parliament for the investigation of 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 the 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 reference to the Deputy Speaker, and that the reference in clause (4) to the vacation by the President of his office shall be construed as a reference to the vacation by the Speaker of his office as Speaker; and on the passing of a resolution such as is referred to in clause (4) the Speaker shall cease to exercise the functions of President.
(1) The President may be removed from office on the ground of physical or mental incapacity on a motion of which notice, signed by a majority of the total number of members of Parliament, is delivered to the Speaker, setting out particulars of the alleged incapacity.
(2) On receipt of the notice the Speaker shall forthwith summon Parliament if it is not in session and shall call for a resolution constituting a medical board (hereinafter in this article called “the Board”), and upon the necessary motion being made and carried shall forthwith cause a copy of the notice to be transmitted to the President together with a request signed by the Speaker that the President submit himself within a period of ten days from the date of the request to an examination by the Board.
(3) The motion for removal shall not be put to the vote earlier than fourteen nor later than thirty days after notice of the motion is delivered to the Speaker, and if it is again necessary to summon Parliament in order to enable the motion to be made within that period, the Speaker shall summon Parliament.
(4) The President shall have the right to appear and to be represented during the consideration of the motion.
(5) If the President has not submitted himself to an examination by the Board before the motion is made in Parliament, the motion may be put to the vote, and if it is passed by the votes of not less than two thirds of the total number of members of Parliament, the President shall vacate his office on the date on which the motion is passed.
(6) If before the motion for removal is made in Parliament, the President has submitted himself to an examination by the Board, the motion shall not be put to the vote until the Board has been given an opportunity of reporting its opinion to Parliament.
(7) If after consideration by Parliament of the motion and of the report of the Board (which shall be submitted within seven days of the examination held pursuant to clause (2) and if not so submitted shall be dispensed with) the motion is passed by the votes of not less than two thirds of the total number of members of Parliament, the President shall vacate his office on the date on which the resolution is passed.
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 the 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.
(1) There shall be a Cabinet for Bangladesh having the Prime Minister at its head and comprising also such other Ministers as the Prime Minister may from time to time designate.
(2) The executive power of the Republic shall, in accordance with this Constitution, be exercised by or on the authority of the Prime Minister.
(3) The Cabinet shall be collectively responsible to Parliament.
(4) All executive actions of the Government shall be expressed to be taken in the name of the President.
(5) The President shall by rules specify the manner in which orders and other instruments made in his name shall be attested or authenticated, and the validity of any order or 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.
(1) There shall be a 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) or clause (3) between a dissolution of Parliament and the next following general election of members of Parliament, the persons who were such members immediately before the dissolution shall be regarded for the purpose of this clause as continuing to be such members.
THE ATTORNEY-GENERAL
(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 members shall be designated as Members of Parliament.
1[(3) Until the dissolution of Parliament occurring next after the expiration of the period of twenty five 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 (Seventeenth Amendment) Act, 2018, there shall be reserved fifty seats exclusively for women members and they will be elected by the aforesaid members in accordance with law on the basis of procedure of proportional representation in the Parliament through single transferable vote :
Provided that nothing in this clause shall be deemed to prevent a woman from being elected to any of the seats provided for in clause (2) of this article.]
2[(3A) For the remaining period of the Parliament in existence at the time of the commencement of the Constitution (Fifteenth Amendment) Act, 2011, Parliament shall consist of three hundred members elected by direct election provided for in clause (2) and fifty women members provided for in clause (3).]
(4) The seat of Parliament shall be in the capital.
(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.
(1) There shall be an Election Commission for Bangladesh consisting of 1[the Chief Election Commissioner and not more than four Election Commissioners] and the appointment of the Chief Election Commissioner and other Election Commissioners (if any) shall, subject to the provisions of any law made in that behalf, be made by the President.
(2) When the Election Commission consists of more than one person, the Chief Election Commissioner shall act as the chairman thereof.
(3) Subject to the provisions of this Constitution the term of office of an Election Commissioner shall be five years from the date on which he enters upon his office, and –
(a) a person who has held office as Chief Election Commissioner shall not be eligible for appointment in the service of the Republic;
(b) any other Election Commissioner shall, on ceasing to hold office as such, be eligible for appointment as Chief Election Commissioner but shall not be otherwise eligible for appointment in the service of the Republic.
(4) The Election Commission shall be independent in the exercise of its functions and subject only to this Constitution and any other law.
(5) Subject to the provisions of any law made by Parliament, the conditions of service of Election Commissioners shall be such as the President may, by order, determine:
Provided that an Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the 2[Supreme Court].
(6) An Election Commissioner may resign his office by writing under his hand addressed to the President.
(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.
Subject to the provisions of this Constitution Parliament may by law regulate the appointment and conditions of service of persons in the service of the Republic:
Provided that it shall be competent for the President to make rules regulating the appointment and the conditions of service of such persons until provision in that behalf is made by or under any law, and rules so made shall have effect subject to the provisions of any such law.
(1) Each commission shall, not later than the first day of March each year, prepare and submit to the President a report on 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 advice was not accepted and the reasons why it was not accepted;
(b) the cases where the commission ought to have been consulted and was not consulted, and the reasons why it was not consulted.
(3) The President shall cause the report and memorandum to be laid before Parliament at its first meeting held after 31st March in the year in which the report was submitted.
(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 2[for one hundred twenty days]:
3[* * *]
4[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: 5[* * *]
Provided that if any such Proclamation is issued at a time when Parliament stands dissolved or the dissolution of Parliament takes place during the period of one hundred and twenty days referred to in sub clause (c), the Proclamation shall cease to operate at the expiration of thirty days from the date on which Parliament first meets after its re constitution, unless before that expiration of the said period of thirty days a resolution approving the Proclamation has been passed by Parliament 6[or at the expiration of one hundred and twenty days, whichever occurs first.].
(3) A Proclamation of Emergency declaring that the security of Bangladesh, or any part thereof, is threatened by war or external aggression or by internal disturbance may be made before the actual occurrence of war or any such aggression or disturbance if the President is satisfied that there is imminent danger thereof.
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 incompetency, 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.
(1) While a Proclamation of Emergency is in operation, the President may, 2[on the written advice of the Prime Minister, by order], declare that the right to move any court for the enforcement of such of the rights conferred by Part III of this Constitution as may be specified in the order, and all proceedings pending in any court for the enforcement of the right so specified, shall remain suspended for the period during which the Proclamation is in force or for such shorter period as may be specified in the order.
(2) An order made under this article may extend to the whole of Bangladesh or any part thereof.
(3) Every order made under this article shall, as soon as may be, be laid before Parliament.]
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.]
(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
(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.
(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 that 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.
The Government of Bangladesh may sue or be sued by the name of Bangladesh.
(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 office, post or position of profit or emolument or take any part whatsoever in the management or conduct of any company, association or body having profit or gain as its object:
Provided that such person shall not for the purposes of this clause be deemed to hold any such office, post or position by reason only that he holds or is acting in the office first above mentioned.
(4) This article applies to the offices of –
(a) President;
1[* * *]
2[(b) Prime Minister;]
(c) Speaker or Deputy Speaker;
3[(d) Minister, Minister of State or Deputy Minister;]
(e) Judge of the Supreme Court;
(f) Comptroller and Auditor General;
(g) Election Commissioner;
(h) Member of a public service commission.
(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.
1[* * *]
(2) Where under this Constitution an oath is required to be administered by a specified person 2[* * *], it may be administered by such other person and at such place as may be designated by that person.
3[(2A) If, within three days next after publication through official Gazette of the result of a general election of members of Parliament under clause (3) of article 123, the person specified under the Constitution for the purpose or such other person designated by that person for the purpose, is unable to, or does not, administer oath to the newly elected members of Parliament, on any account, the Chief Election Commissioner shall administer such oath within three days next thereafter, as if, he is the person specified under the Constitution for the purpose.]
(3) Where under this Constitution a person is required to make an oath before he enters upon an office he shall be deemed to have entered upon the office immediately after he makes the oath.
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.
(1) The provisions set out in the Fourth Schedule of the Constitution at the time of the Commencement of this Constitution on the 16th day of December, 1972 shall have effect as transitional and temporary provisions notwithstanding anything contained in any other provisions of this Constitution.
(2) In the period between the 7th day of March, 1971 and the date of commencement of this Constitution on the 16th day of December, 1972, the historical speech delivered by Bangabandhu Sheikh Mujibur Rahman, the Father of the Nation, in the Racecourse Maidan, Dhaka on the 7th day of March, 1971, set out in the Fifth Schedule of the Constitution, the telegram of the Declaration of Independence of Bangladesh made by Bangabandhu Sheikh Mujibur Rahman, the Father of the Nation on the 26th day of March, 1971 set out in the Sixth Schedule and the Proclamation of Independence of the Mujibnagar Government on the 10th day of April, 1971 set out in the Seventh Schedule are the historical speech and instruments of the independence and the struggle of freedom of Bangladesh which shall be deemed to be the transitional and the temporary provision for the said period.]
The following President's Orders are hereby repealed–
(a) The Laws Continuance Enforcement Order, made on 10th April, 1971;
(b) The Provisional Constitution of Bangladesh Order, 1972;
(c) The High Court of Bangladesh Order, 1972 (P.O. No. 5 of 1972);
(d) The Bangladesh Comptroller and Auditor General Order, 1972 (P.O. No. 15 of 1972);
(e) The Constituent Assembly of Bangladesh Order, 1972 (P.O. No. 22 of 1972);
(f) The Bangladesh Election Commission Order, 1972 (P.O. No. 25 of 1972);
(g) The Bangladesh Public Service Commissions Order, 1972 (P.O. No. 34 of 1972);
(h) The Bangladesh Transaction of Government Business Order, 1972 (P.O. No. 58 of 1972).
(1) This Constitution may be cited as the Constitution of the People's Republic of Bangladesh and shall come into force on the sixteenth day of December, 1972, in this Constitution referred to as the commencement of this Constitution.
(2) There shall be an authentic text of this Constitution in Bengali, and an authentic text of an authorised translation in English, both of which shall be certified as such by the Speaker of the Constituent Assembly.
(3) A text certified in accordance which 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.