25/04/2022 The Constitution of the People‌‌‍’s Republic of Bangladesh

The Constitution of the People‌‌‍’s Republic of Bangladesh

( ACT NO. OF 1972 )

1[BISMILLAH-AR-RAHMAN-AR-RAHIM

(In the name of Allah, the Beneficient, the Merciful)/

In the name of the Creator, the Merciful.]

PREAMBLE
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.

PART I
THE REPUBLIC

The 1. Bangladesh is a unitary, independent, sovereign Republic to be known

Republic
as the People's Republic of Bangladesh.
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The 2. The territory of the Republic shall comprise –

territory of
the (a) the territories which immediately before the Proclamation of
Republic
Independence on the 26th day of March, 1971 constituted East Pakistan
4[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.

The state 5[2A. The state religion of the Republic is Islam, but the State shall ensure
religion
equal status and equal right in the practice of the Hindu, Buddhist,

Christian and other religions.]

The state 3. The state language of the Republic is 6[Bangla].

language

National 4. (1) The national anthem of the Republic is the first ten lines of “Amar
anthem,
Sonar Bangla”.
flag and
emblem (2) The national flag of the Republic shall consist of a circle, coloured red

throughout its area, resting on a green background.

(3) The national emblem of the Republic is the national flower Shapla

(nymphaea nouchali) resting on water, having on each side an ear of

paddy and being surmounted by three connected leaves of jute with two

stars on each side of the leaves.

(4) Subject to the foregoing clauses, provisions relating to the national

anthem, flag and emblem shall be made by law.

Portrait of 7[4A. The Portrait of the Father of the Nation, Bangabandhu Sheikh
the Father
Mujibur Rahman shall be preserved and displayed at the offices of the
of the
Nation President, the Prime Minister, the Speaker and the Chief Justice and in

head and branch offices of all government and semi-government offices,

autonomous bodies, statutory public authorities, government and non-

government educational institutions, embassies and missions of

Bangladesh abroad.]
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The capital 5. (1) The capital of the Republic is 8[Dhaka].

(2) The boundaries of the capital shall be determined by law.

Citizenship 9[6. The citizenship of Bangladesh shall be determined and regulated by

law.

(2) The people of Bangladesh shall be known as Bangalees as a nation

and the citizens of Bangladesh shall be known as Bangladeshies.]

Supremacy 7. (1) All powers in the Republic belong to the people, and their exercise
of the
on behalf of the people shall be effected only under, and by the authority
Constitution
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 that other law shall, to the extent of the inconsistency, be

void.

Offence of 10[7A. (1) If any person, by show of force or use of force or by any other
abrogation,
un-constitutional means-
suspension,
etc . of the (a) abrogates, repeals or suspends or attempts or conspires to abrogate,
Constitution
repeal or suspend this Constitution or any of its article ; or

(b) subverts or attempts or conspires to subvert the confidence, belief or

reliance of the citizens to this Constitution or any of its article,

his such act shall be sedition and such person shall be guilty of sedition.

(2) If any person-

(a) abets or instigates any act mentioned in clause (1) ; or

(b) approves, condones, supports or ratifies such act,

his such act shall also be the same offence.

(3) Any person alleged to have committed the offence mentioned in this
article shall be sentenced with the highest punishment prescribed for other

offences by the existing laws.

Basic
provisions
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of the
7B. Notwithstanding anything contained in article 142 of the Constitution,
Constitution
are not the preamble, all articles of Part I, all articles of Part II, subject to the
amendable
provisions of Part IXA all articles of Part III, and the provisions of articles

relating to the basic structures of the Constitution including article 150 of

Part XI shall not be amendable by way of insertion, modification,

substitution, repeal or by any other means.]

PART II
FUNDAMENTAL PRINCIPLES OF STATE POLICY

Fundamental 8. 11[(1) The principles of nationalism, socialism, democracy and

principles
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.

Nationalism 12[9. The unity and solidarity of the Bangalee nation, which, deriving its

identity from its language and culture, attained sovereign and independent

Bangladesh through a united and determined struggle in the war of

independence, shall be the basis of Bangalee nationalism.]

Socialism 13[10. A socialist economic system shall be established with a view to

and
ensuring the attainment of a just and egalitarian society, free from the
freedom
from exploitation of man by man.]
exploitation

Democracy 11. The Republic shall be a democracy in which fundamental human rights
and human
and freedoms and respect for the dignity and worth of the human person
rights
shall be guaranteed 14[* * *] 15[, and in which effective participation by the

people through their elected representatives in administration at all levels

shall be ensured].
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Secularism 16[12. The principle of secularism shall be realised by the elimination of -

and
(a) communalism in all its forms ;
freedom of
religion (b) the granting by the State of political status in favour of any religion ;

(c) the abuse of religion for political purposes ;

(d) any discrimination against, or persecution of, persons practicing a

particular religion.]

Principles 13. The people shall own or control the instruments and means of
of
production and distribution, and with this end in view ownership shall
ownership
assume the following forms –

(a) state ownership, that is ownership by the State on behalf of the people

through the creation of an efficient and dynamic nationalised public sector

embracing the key sectors of the economy;

(b) co operative ownership, that is ownership by co operatives on behalf of

their members within such limits as may be prescribed by law; and

(c) private ownership, that is ownership by individuals within such limits as

may be prescribed by law.

Emancipation 14. It shall be a fundamental responsibility of the State to emancipate the

of peasants
toiling masses the peasants and workers and backward sections of the
and
workers people from all forms of exploitation.

Provision of
15. It shall be a fundamental responsibility of the State to attain, through
basic
necessities planned economic growth, a constant increase of productive forces and a

steady improvement in the material and cultural standard of living of the

people, with a view to securing to its citizens –

(a) the provision of the basic necessities of life, including food, clothing,

shelter, 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

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(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.

Rural 16. The State shall adopt effective measures to bring about a radical
development
and transformation in the rural areas through the promotion of an agricultural
agricultural revolution, the provision of rural electrification, the development of cottage
revolution
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 rural areas.

Free and 17. The State shall adopt effective measures for the purpose of –
compulsory
education (a) 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.

Public 18. (1) The State shall regard the raising of the level of nutrition and the
health and
improvement of public health as among its primary duties, and in particular
morality
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 of drugs which are injurious

to health.

(2) The State shall adopt effective measures to prevent prostitution and

gambling.

Protection 17[18A. The State shall endeavour to protect and improve the environment
and
and to preserve and safeguard the natural resources, bio-diversity,
improvement
of wetlands, forests and wild life for the present and future citizens.]
environment
and
biodiversity
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Equality of 19. (1) The State shall endeavour to ensure equality of opportunity to all
opportunity
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.

18[(3)The State Shall endeavour to ensure equality of opportunity and

participation of women in all spheres of national life.]

Work as a 20. (1) Work is a right, a duty and a matter of honour for every citizen who
right and
is capable of working, and everyone shall be paid for his work on the basis
duty
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.

Duties of 21. (1) It is the duty of every citizen to observe the Constitution and the
citizens and
laws, to maintain discipline, to perform public duties and to protect public
of public
servants property.

(2) Every person in the service of the Republic has a duty to strive at all

times to serve the people.

Separation 22. The State shall ensure the separation of the judiciary from the
of Judiciary
executive organs of the State.
from the
executive

National 23. The State shall adopt measures to conserve the cultural traditions and
culture
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.

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The culture 19[23A. The State shall take steps to protect and develop the unique local
of tribes,
culture and tradition of the tribes, minor races, ethnic sects and
minor
races, communities.]
ethnic sects
and
communities

National 24. The State shall adopt measures for the protection against
monuments,
disfigurement, damage or removal of all monuments, objects or places of
etc.
special artistic or historic importance or interest.

Promotion 25. 20[***] The State shall base its international relations on the principles
of
of respect for national sovereignty and equality, non interference in the
international
peace, internal affairs of other countries, peaceful settlement of international
security
disputes, and respect for
and
solidarity international law and the principles enunciated in the United Nations

Charter, and on the basis of those principles shall –

(a) strive for the renunciation of the use of force in international relations

and for general and complete disarmament;

(b) uphold the right of every people freely to determine and build up its

own social, 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.

21[***]

PART III
FUNDAMENTAL RIGHTS

Laws 26. (1) All existing law inconsistent with the provisions of this Part shall, to
inconsistent
with the extent of such inconsistency, become void on the commencement of
fundamental this Constitution.
rights to be
void (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,
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be void.

22[(3) Nothing in this article shall apply to any amendment of this

Constitution made under article 142.]

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

Discrimination 28. (1) The State shall not discriminate against any citizen on grounds only
on grounds
of religion, of religion, race, caste, sex or place of birth.
etc.
(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.

Equality of 29. (1) There shall be equality of opportunity for all citizens in respect of
opportunity
employment or office in the service of the Republic.
in public
employment (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 from –

(a) making special provision in favour of any backward section of citizens

for the purpose of securing their adequate representation in the service of

the Republic;

(b) giving effect to any law which makes provision for reserving

appointments relating to any religious or denominational institution to

persons of that religion or denomination;

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(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.

Prohibition 23[30. No citizen shall, without the prior approval of the President, accept
of foreign
any title, honour, award or decoration from any foreign state.]
titles, etc.

Right to 31. To enjoy the protection of the law, and to be treated in accordance with
protection
law, and only in accordance with law, is the inalienable right of every
of law
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.

Protection 32. No person shall be deprived of life or personal liberty save in

of right to
life and accordance with law.
personal
liberty

Safeguards 24[33. (1) No person who is arrested shall be detained in custody without
as to arrest
being informed, as soon as may be, of the grounds for such arrest, nor
and
detention shall he be denied the right to consult and be defended by a legal

practitioner of his choice.

(2) Every person who is arrested and detained in custody shall be

produced before the nearest magistrate within a period of twenty four

hours of such arrest, excluding the time necessary for the journey from the

place of arrest to the Court of the magistrate, and no such person shall be

detained in custody beyond the said period without the authority of a

magistrate.

(3) Nothing in clauses (1) and (2) shall apply to any person–

(a) who for the time being is an enemy alien; or

(b) who is arrested or detained under any law providing for preventive

detention.
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(4) No law providing for preventive detention shall authorise the detention

of a person for a period exceeding six months unless an Advisory Board

consisting of three persons, of whom two shall be persons who are, or

have been, or are qualified to be appointed as, Judges of the Supreme

Court and the other shall be a person who is a senior officer in the service

of the Republic, has, after affording him an opportunity of being heard in

person, reported before the expiration of the said period of six months that

there is, in its opinion, sufficient cause for such detention.

(5) When any person is detained in pursuance of an order made under any

law providing for preventive detention, the authority making the order shall,

as soon as may be, communicate to such person the grounds on which

the order has been made, and shall afford him the earliest opportunity of

making a representation against the order:

Provided that the authority making any such order may refuse to disclose

facts which such authority considers to be against the public interest to

disclose.

(6) Parliament may by law prescribe the procedure to be followed by an

Advisory Board in an inquiry under clause (4).]

Prohibition 34. (1) All forms of forced labour are prohibited and any contravention of
of forced
this provision shall be an offence punishable in accordance with law.
labour

(2) Nothing in this article shall apply to compulsory labour–

(a) by persons undergoing lawful punishment for a criminal offence; or

(b) required by any law for public purposes.

Protection 35. (1) No person shall be convicted of any offence except for violation of
in respect
a law in force at the time of the commission of the act charged as an
of trial and
punishment 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.

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(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.

Freedom of 36. Subject to any reasonable restrictions imposed by law in the public
movement
interest, every citizen shall have the right to move freely throughout

Bangladesh, to reside and settle in any place therein and to leave and re-

enter Bangladesh.

Freedom of 37. Every citizen shall have the right to assemble and to participate in
assembly
public meetings and processions peacefully and without arms, subject to

any reasonable restrictions imposed by law in the interests of public order

or public health.

Freedom of 25[38. Every citizen shall have the right to form associations or unions,
association
subject to any reasonable restrictions imposed by law in the interests of

morality or public order :

Provided that no person shall have the right to form, or be a member of

the said association or union, if-

(a) it is formed for the purposes of destroying the religious, social and

communal harmony among the citizens ;

(b) it is formed for the purposes of creating discrimination among the

citizens, on the ground of religion, race, caste, sex, place of birth or

language ;
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(c) it is formed for the purposes of organizing terrorist acts or militant

activities against the State or the citizens or any other country ;

(d) its formation and objects are inconsistent with the Constitution.]

Freedom of 39. (1) Freedom of thought and conscience is guaranteed.

thought and
conscience, (2) Subject to any reasonable restrictions imposed by law in the interests
and of
of the security of the State, friendly relations with foreign states, public
speech
order, decency or morality, or in relation to contempt of court, defamation
or incitement to an offence–

(a) the right of every citizen to freedom of speech and expression; and

(b) freedom of the press,

are guaranteed.

Freedom of 40. Subject to any restrictions imposed by law, every citizen possessing
profession
or such qualifications, if any, as may be prescribed by law in relation to his
occupation profession, occupation, trade or business shall have the right to enter upon

any lawful profession or occupation, and to conduct any lawful trade or

business.

Freedom of 41. (1) Subject to law, public order and morality –

religion
(a) every citizen has the right to profess, practise 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.

Rights to 42. (1) Subject to any restrictions imposed by law, every citizen shall have
property
the right to acquire, hold, transfer or otherwise dispose of property, and no
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property shall be compulsorily acquired, nationalised or requisitioned save

by authority of law.

26[(2) A law made under clause (1) of this article shall provide for the

acquisition, nationalisation or requisition with compensation and shall fix

the amount of compensation or specify the principles on which, and the

manner in which, the compensation is to be assessed and paid ; but no

such law shall be called in question in any court on the ground that any

provision of the law in respect of such compensation is not adequate.]

Protection 43. Every citizen shall have the right, subject to any reasonable restrictions
of home
imposed by law in the interests of the security of the State, public order,
and
correspondencepublic morality or public health –

(a) to be secured in his home against entry, search and seizure; and

(b) to the privacy of his correspondence and other means of

communication.

Enforcement 27[44. (1) The right to move the High Court Division in accordance with
of
fundamental clause (1) of article 102, for the enforcement of the rights conferred by this
rights Part is guaranteed.

(2) Without prejudice to the powers of the High Court Division under article

102, Parliament may by law empower any other court, within the local

limits of its jurisdiction, to exercise all or any of those powers.]

Modification 45. Nothing in this Part shall apply to any provision of a disciplinary law
of rights in
respect of relating to members of a disciplined force, being a provision limited to the
disciplinary purpose of ensuring the proper discharge of their duties or the
law
maintenance of discipline in that force.

Power to 46. Notwithstanding anything in the foregoing provisions of this Part,

provide
Parliament may by law make provision for indemnifying any person in the
indemnity
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 order in any area in Bangladesh or validate any sentence

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passed, punishment inflicted, forfeiture ordered, or other act done in any

such area.

Saving for 47. (1) No law providing for any of the following matters shall be deemed
certain laws
to be void on the ground that it is inconsistent with, or takes away or

abridges, any of the rights guaranteed by this Part –

(a) the compulsory acquisition, nationalisation or requisition of any

property, or the control or management thereof whether temporarily or

permanently;

(b) the compulsory amalgamation of bodies carrying on commercial or

other undertakings;

(c) the extinction, modification, restriction or regulation of rights of

directors, managers, agents and officers of any such bodies, or of the

voting rights of persons owning shares or stock (in whatever form) therein;

(d) the extinction, modification, restriction or regulation of rights to search

for or win minerals or mineral oil;

(e) the carrying on by the Government or by a corporation owned,

controlled or managed by the Government, of any trade, business,

industry or service to the exclusion, complete or partial, of other persons ;

or

(f) the extinction, modification, restriction or regulation of any right to

property, any right in respect of profession, occupation, trade or business

or the rights of employers or employees in any statutory public authority or

in any commercial or industrial undertaking ;

if Parliament in such law (including, in the case of existing law, by

amendment) expressly declares that such provision is made to give effect

to any of the fundamental principles of state policy set out in Part II of this

Constitution.

(2) Notwithstanding anything contained in this Constitution the laws

specified in the First Schedule (including any amendment of any such law)

shall continue to have full force and effect, and no provision of any such
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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:

28[Provided that nothing in this article shall prevent amendment,

modification or repeal of any such law.]

29[(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

30[or any individual, group of individuals or organisation] or who is a

prisoner of war, for genocide, crimes against humanity or war crimes and

other crimes under international law shall be deemed void or unlawful, or

ever to have become void or unlawful, on the ground that such law or

provision of any such law is inconsistent with, or repugnant to, any of the
provisions of this Constitution.]

Inapplicability 31[47A. (1) The rights guaranteed under article 31, clauses (1) and (3) of
of certain
articles article 35 and article 44 shall not apply to any person to whom a law

specified in clause (3) of article 47 applies.

(2) Notwithstanding anything contained in this Constitution, no person to

whom a law specified in clause (3) of article 47 applies shall have the right

to move the Supreme Court for any of the remedies under this

Constitution.]

PART IV
THE EXECUTIVE
32 CHAPTER I
THE PRESIDENT

The 48. (1) There shall be a President of Bangladesh who shall be elected by
President
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.
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(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.

Prerogative 49. The President shall have power to grant pardons, reprieves and
of mercy
respites and to remit, suspend or commute any sentence passed by any

court, tribunal or other authority.

Term of 50. (1) Subject to the provisions of this Constitution, the President shall
office of
hold office for a term of five years form the date on which he enters upon
President
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

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President he shall vacate his seat in Parliament on the day on which he

enters upon his office as President.

President's 51. (1) Without prejudice to the provisions of article 52, the President shall
immunity
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.

Impeachment 52. (1) The President may be impeached on a charge of violating this
of the
Constitution or of grave misconduct, preferred by a notice of motion signed
President
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

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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.

Removal of 53. (1) The President may be removed from office on the ground of
President
physical or mental incapacity on a motion of which notice, signed by a
on ground
of majority of the total number of members of Parliament, is delivered to the
incapacity
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
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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.

Speaker to 54. If a vacancy occurs in the office of President or if the President is

act as
unable to discharge the functions of his office on account of absence,
President
during illness or any other cause the Speaker shall discharge those functions until
absence,
a President is elected or until the President resumes the functions of his
etc.
office, as the case may be.

CHAPTER II
THE PRIME MINISTER AND THE CABINET

The Cabinet 55. (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.

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Ministers 56. (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.

Tenure of 57. (1) The office of the Prime Minister shall become vacant–
office of
Prime (a) if he resigns from office at any time by placing his resignation in the
Minister
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 in writing to dissolve Parliament, and if he so advises 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 Prime Minister for holding office

until his successor has entered upon office.

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Tenure of 58. (1) The office of a Minister other than the Prime Minister shall become
office of
vacant –
other
Ministers (a) if he resigns from office by placing his resignation in the hands of the

Prime Minister for submission to the President;

(b) if he ceases to be a member of Parliament, but this shall not be

applicable to a Minister chosen under the proviso to article 56(2);

(c) if the President, pursuant to the provisions of clause (2), so directs; or

(d) as provided in clause (4).

(2) The Prime Minister may at any time request a Minister to resign, and if

such Minister fails to comply with the request, may advise the President to
terminate the appointment of such Minister.

(3) Nothing in sub clauses (a), (b) and (d) of clause (1) shall disqualify a

Minister for holding office during any period in which Parliament stands

dissolved.

(4) If the Prime Minister resigns from or ceases to hold office each of the
other Ministers shall be deemed also to have resigned from office but

shall, subject to the provisions of this Chapter, continue to hold office until
his successor has entered upon office.

(5) In this article “Minister” includes Minister of State and Deputy Minister.

[OMITTED] 33[***]

CHAPTER IIA
NON PARTY CARE TAKER GOVERNMENT

[OMITTED] Omitted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of

2011), section 21.

CHAPTER III
LOCAL GOVERNMENT

Local 59. (1) Local government in every administrative unit of the Republic shall
government
be entrusted to bodies, composed of persons elected in accordance with
law.
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(2) Everybody such as is referred to in clause (1) shall, subject to this

Constitution and any other law, perform within the appropriate

administrative unit such functions as shall be prescribed by Act of
Parliament, which may include functions relating to –

(a) administration and the work of public officers;

(b) the maintenance of public order;

(c) the preparation and implementation of plans relating to public services

and economic development.

Powers of 60. For the purpose of giving full effect to the provisions of article 59
local
Parliament shall, by law, confer powers on the local government bodies
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

Supreme 34[61. The supreme command of the defence services of Bangladesh shall
command
vest in the President and the exercise thereof shall be regulated by law.]

Recruitment, 62. (1) Parliament shall by law provide for regulating –

etc., of
defence (a) the raising and maintaining of the defence services of Bangladesh and
services
of their reserves;

(b) the grant of commissions therein;

(c) the appointment of chiefs 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.

War 63. (1) War shall not be declared and the Republic shall not participate in
any war except with the assent of Parliament.
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35[* * *]

CHAPTER V
THE ATTORNEY-GENERAL

The 64. (1) The President shall appoint a person who is qualified to be
Attorney-
appointed as a Judge of the Supreme Court to be Attorney-General
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

Establishment 65. (1) There shall be a Parliament for Bangladesh (to be known as the
of
House of the Nation) in which, subject to the provisions of this
Parliament
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.
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36[(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.]

37[(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.

Qualifications 66. (1) A person shall subject to the provisions of clause (2), be qualified to
and
be elected as, and to be, a member of Parliament if he is a citizen of
disqualifications
for election Bangladesh and has attained the age of twenty-five years.
to
Parliament (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 undischarged insolvent;

(c) acquires the citizenship of, or affirms or 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; 38[* * *]

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39[(e) has been convicted of any offence under the Bangladesh

Collaborators (Special Tribunals) Order, 1972 ;

(f) holds any office of profit in the service of the Republic other than an
office which is declared by law not to be disqualified its holder ; or]

(g) is disqualified for such election by or under any law.

40[(2A) Notwithstanding anything contained in sub-clause (c) of clause (2)

of this article, if any person being a citizen of Bangladesh by birth acquires

the citizenship of a foreign State and thereafter such person-

(i) in the case of dual citizenship, gives up the foreign citizenship ; or

(ii) in other cases, again accepts the citizenship of Bangladesh-

for the purposes of this article, he shall not be deemed to acquire the

citizenship of a foreign State.]

41[(3) 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

the President, the Prime Minister, the Speaker, the Deputy Speaker, a
Minister, Minister of State or Deputy Minister.]

(4) If any dispute arises as to whether a member of Parliament has, after

his election, become subject to any of the disqualifications mentioned in

clause (2) or as to whether a member of Parliament should vacate his seat

pursuant to article 70, the dispute shall be referred to the Election

Commission to hear and determine it and the decision of the Commission

on such reference shall be final.

(5) Parliament may, by law, make such provision as it deems necessary for

empowering the Election Commission to give full effect to the provisions of

clause (4).

Vacation of 67. (1) A member of Parliament shall vacate his seat –

seats of
members (a) if fails, within the period of ninety days from the date of the first meeting
of Parliament after his election, to make and subscribe 42[* * *] the oath or

affirmation prescribed for a member of Parliament in the Third Schedule:

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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.

Remuneration, 68. Members of Parliament shall be entitled to such 43[remuneration],

etc., of
allowances and privileges as may be determined by Act of Parliament or,
members of
Parliament until so determined, by order made by the President.

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

the Republic.

Vacation of 44[70. A person elected as a member of Parliament at an election at which

seat on
he was nominated as a candidate by a political party shall vacate his seat
resignation
or voting if he –
against
political (a) resigns from that party ; or
party
(b) votes in Parliament against that party ;

but shall not thereby be disqualified for subsequent election as a member

of Parliament.]
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Bar against 71. (1) No person shall at the same time be a member of Parliament in
double
respect of two or more constituencies.
membership
(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; and

(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.

Sessions of 72. (1) Parliament shall be summoned, prorogued and dissolved by the
Parliament
President by public notification, and when summoning Parliament the
President shall specify the time and place of the first meeting:

45[Provided that 46[except the period of ninety days as mentioned in sub-

clause (a) of clause (3) of article 123 for remaining term] a period
exceeding sixty days shall not intervene between the end of one session

and the first sitting of Parliament in the next session:

Provided further that in the exercise of his functions under this clause, the

President shall act in accordance with the advice of the Prime Minister
tendered to him in writing.]

(2) Notwithstanding the provisions of clause (1) Parliament shall be

summoned to meet within thirty days after the declaration of the results of
polling at any general election of members of Parliament.

(3) Unless sooner dissolved by the President, Parliament shall stand

dissolved on the expiration of the period of five years from the date of its

first meeting:
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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 the Republic

is engaged it is necessary to recall Parliament, the President shall

summon the Parliament that has been dissolved to meet.

47[* * *]

(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.

President’s 73. (1) The President may address Parliament and may send messages
address
and thereto.
messages
(2) At the commencement of the first session after a general election of
to
Parliament 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.

Rights of 48[73A. (1) Every Minister shall have the right to speak in, and otherwise to
Ministers as
take part in the proceedings of, Parliament, but shall not be entitled to vote
respects
Parliament 49[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, 50[* * *], Minister of

State and Deputy Minister.]

Speaker 74. (1) Parliament shall at the first sitting after any general election elect
and Deputy
Speaker from among its members a Speaker and a Deputy Speaker, and if either
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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) it 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) it he resigns his office by writing under his hand delivered to the
President;

(e) if after a general election another member enters upon that office; or

(f) in the case of the Deputy Speaker, if he enters upon the office of
Speaker.

(3) While the office of the Speaker is vacant or the Speaker is 51[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 from 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
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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.

Rules of 75. (1) Subject to this Constitution –

procedure,
quorum, (a) the procedure of Parliament shall be regulated by rules of procedure
etc.
made by it, and until such rules are made shall be regulated by rules of

procedure made by the President;

(b) a decision in Parliament shall be taken by a majority of the votes of the

members present and voting, but the person presiding shall not vote

except when there is an equality of votes, in which case he shall exercise

a casting vote;

(c) no proceeding in Parliament shall be invalid by reason only that there is

a vacancy in the membership thereof or that a person who was not entitled

to do so was present at, or voted or otherwise participated in, the

proceeding.

(2) If at any time during which Parliament is in session the attention of the

person 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.

Standing 76. (1) 52[* * *] Parliament shall appoint from among its members the
committees
following standing committees, that is to say –
of
Parliament
(a) a public accounts committee;
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(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 this Constitution and to any other law -

(a) examine draft Bills and other legislative proposals;

(b) review the enforcement of laws and propose measures for such
enforcement;

(c) in relation to any matter referred to it by Parliament as a matter of

public importance, investigate or inquire into the activities or administration

of a Ministry and may require it to furnish, through an authorised

representative, relevant information and to answer questions, orally or in

writing;

(d) perform any other function assigned to it by Parliament.

(3) Parliament may by law confer on committees appointed under this

article powers for –

(a) enforcing the attendance of witnesses and examining them on oath,

affirmation or otherwise;

(b) compelling the production of documents.

Ombudsman 77. (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.
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Privileges 78. (1) The validity of the proceedings in Parliament shall not be
and
questioned in any court.
immunities
of
(2) A member or officer of Parliament in whom powers are vested for the
Parliament
and regulation of procedure, the conduct of business or the maintenance of
members 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 committee 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 member may be determined by Act of Parliament.

Secretariat 79. (1) Parliament shall have its own secretariat.

of
Parliament (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

Legislative 80. (1) Every proposal in Parliament for making a law shall be made in the
procedure
form of a Bill.

(2) When a Bill is passed by Parliament it shall be presented to the

President for assent.

53[(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
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return it to Parliament with a message requesting that the Bill or any

particular provisions thereof be 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 54[***], 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.

Money Bills 81. (1) In this Part “Money Bill” means a Bill containing only provisions

dealing with all or any of the following matters –

(a) the imposition, regulation, alteration, remission or repeal of any tax;

(b) the borrowing of money or the giving of any guarantee by the

Government, or the amendment of any law relating to the financial

obligations of the Government;

(c) the custody of the Consolidated Fund, the payment of money into, or

the issue or appropriation of moneys from, that 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.
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(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.

Recommendation82. No Money Bill, or any Bill which involves expenditure from public
for financial
moneys, shall be introduced into Parliament except on the
measures
recommendation of the President:

Provided that 55[in any Mony Bill] no recommendation shall be required

under this article for the moving of an amendment making provision for the
reduction or abolition of any tax.

No taxation 83. No tax shall be levied or collected except by or under the authority of
except by
an Act of Parliament.
or under
Act of
Parliament

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

shall be credited to the Public Account of the Republic.

Regulation 85. The custody of public moneys, their payment into and the withdrawal
of Public
from the Consolidated Fund or, as the case may be, the Public Account of
moneys
the Republic, and matters connected with or ancillary to the matters
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aforesaid, shall be regulated by Act of Parliament, and until provision in

that behalf is so made, by rules made by the President.

Moneys 86. All moneys received by or deposited with –

payable to
Public (a) any person employed in the service of the Republic or in connection
Account of
with the affairs of the Republic, other than revenues or moneys which by
Republic
virtue of clause (1) of article 84 shall form part of the Consolidated Fund;
or

(b) any court to the credit of any cause, matter, account or persons,

shall be paid into the Public Account of the Republic.

Annual 87. (1) There shall be laid before Parliament, in respect of each financial
financial
year, a statement of the estimated receipts and expenditure of the
statement
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.

Charges on 88. The following expenditure shall be charged upon the Consolidated
Consolidated
Fund Fund –

(a) the remuneration payable to the President and other expenditure

relating to his office;

56[* * *]

(b) the remuneration payable to –

(i) the Speaker and Deputy Speaker;

57[(ii) the Judges of the Supreme Court ;]

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(iii) the Comptroller and Auditor General;

(iv) the Election Commissioners;

(v) the members of the Public Service Commissions;

58[(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.

Procedure 89. (1) So much of the annual financial statement as relates to expenditure
relating to
charged upon the Consolidated Fund may be discussed in, but shall not
annual
financial be submitted to the vote of, Parliament.
statement
(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.

Appropriation 90. (1) As soon as may be after the grants under article 89 have been
Act
made by Parliament there shall be introduced in Parliament a Bill to

provide for appropriation out of the Consolidated Fund of all moneys

required to meet–
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(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.

Supplementary 91. If in respect of any financial year it is found –

and excess
grants (a) that the amount authorised to be expended for a particular service for

the current financial year is insufficient or that a need has arisen for
expenditure upon some new service not included in the annual financial
statement for that year; or

(b) that any money has been spent on a service during a financial year in
excess of the amount granted for that service for that year;

the President shall have power to authorise expenditure from the

Consolidated Fund whether or not it is charged by or under the

Constitution upon that Fund and shall cause to be laid before Parliament a

supplementary financial statement setting out the estimated amount of the

expenditure or, as the case may be, an excess financial statement setting

out the amount of the excess, and the provisions of articles 87 to 90 shall
(with the necessary adaptations) apply in relation to those statements as

they apply in relation to the annual financial statement.

Votes of 92. (1) Notwithstanding anything in the foregoing provisions of this

account,
Chapter, Parliament shall have power
votes of
credit, etc.
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(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.

59[(3) Notwithstanding anything contained in the foregoing provisions of

this Chapter, if, in respect of a financial year, Parliament-

(a) has failed to make the grants under article 89 and pass the law under

article 90 before the beginning of that year and has not also made any
grant in advance under this article; or

(b) has failed to make the grants under article 89 and pass the law under

article 90 before the expiration of the period for which the grants in
advance, if any, were made under this article,

the President may, upon the advice of the Prime Minister, by order,
authorise the withdrawal from the Consolidated Fund moneys necessary

to meet expenditure mentioned in the financial statement for that year for a
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period not exceeding sixty days in that year, pending the making of the
grants and passing of the law.]

[Omitted] 92A. [Authorisation of expenditure in certain cases.- omitted by section 10

of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of

1991).]

CHAPTER III
ORDINANCE MAKING POWER

Ordinance 93. (1) At any time when 60[Parliament stands dissolved or is not in
making
session], if the President is satisfied that circumstances exist which render
power
immediate action necessary, he may make and promulgate such

Ordinances as the circumstances appear to him to require, and any

Ordinance so made shall, as from its promulgation have the like force of

law as an Act of Parliament:

Provided that no Ordinance under this clause shall make any provision –

(i) which could not lawfully be made under this Constitution by Act of
Parliament;

(ii) for altering or repealing any provision of this Constitution; or

(iii) continuing in force any provision of an Ordinance previously made.

(2) An Ordinance made under clause (1) shall be laid before Parliament at

its first meeting following the promulgation of the Ordinance and shall,
unless it is earlier repealed, cease to have effect at the expiration of thirty
days after it is so laid or, if a resolution disapproving of the Ordinance is

passed by Parliament before such expiration, upon the passing of the

resolution.

(3) At any time when Parliament stands dissolved, the President may, if he
is satisfied that circumstances exist which render such action necessary,

make and promulgate an Ordinance authorising expenditure from the

Consolidated Fund, whether the expenditure is charged by the

Constitution upon that fund or not, and any Ordinance so made shall, as
from its promulgation, have the like force of law as an Act of Parliament.
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(4) Every Ordinance promulgated under clause (3) shall be laid before
Parliament as soon as may be, and the provisions of 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
61 CHAPTER I
THE SUPREME COURT

Establishment 94. (1) There shall be a Supreme Court for Bangladesh (to be known as
of Supreme
the Supreme Court of Bangladesh) comprising the Appellate Division and
Court
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.

Appointment 95. (1) The Chief Justice shall be appointed by the President, and the
of Judges
other Judges shall be appointed by the President after consultation with

the Chief Justice.

(2) A person shall not be qualified for appointment as a Judge unless he is

a citizen of Bangladesh and –

(a) has, for not less than ten years, been an advocate of the Supreme
Court ; or

(b) has, for not less than ten years, held judicial office in the territory of
Bangladesh ; or
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(c) has such qualifications as may be prescribed by law for appointment as

a Judge of the Supreme Court.

(3) In this article, “Supreme Court” includes a court which at any time
before the commencement of this Constitution exercised jurisdiction as a

High Court in the territory of Bangladesh.

Tenure of 96. (1) Subject to the other provisions of this article, a Judge shall hold
office of
office until he attains the age of sixty-seven years.
Judges
62[(2) A Judge shall not be removed from his office except by an order of
the President passed pursuant to a resolution of Parliament supported by
a majority of not less than two-thirds of the total number of members of
Parliament, on the ground of proved misbehaviour or incapacity.

(3) Parliament may by law regulate the procedure in relation to a resolution

under clause (2) and for investigation and proof of the misbehaviour or
incapacity of a Judge.

(4) A Judge may resign his office by writing under his hand addressed to
the President.]

Temporary 97. If the office of the Chief Justice becomes vacant, or if the President is
appointment
satisfied that the Chief Justice is, on account of absence, illness, or any
of Chief
Justice 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.

Additional 98. Notwithstanding the provisions of article 94, if the President is satisfied
Supreme
Court that the number of the Judges of a division of the Supreme Court should
Judges be for the time being increased, the President may appoint one or more
duly qualified persons to be Additional Judges of that division for such
period not exceeding two years as he may specify, or, if he thinks fit, may

require a Judge of the High Court Division to sit in the Appellate Division

for any temporary period :

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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.

Disabilities 99. (1) A person who has held office as a Judge (otherwise than as an
of Judges
Additional Judge pursuant to the provisions of article 98), shall not, after
after
retirement his retirement or removal therefrom, plead or act before any court or
authority or hold any offece of profit in the service of the Republic not

being a judicial or quasi-judicial office.

(2) Notwithstanding anything contained in clause (1), a person who has

held office as a Jugde of the High Court Division may, after his retirement

or rermoval therefrom, plead or act before the Appellate Division.

Seat of 100. The permanent seat of the Supreme Court shall be in the capital, but
Supreme
sessions of the High Court Division may be held at such other place or
Court
places as the Chief Justice may, with the approval of the President, from
time to time appoint.

Jurisdiction 101. The High Court Division shall have such original, appellate and other
of High
jurisdictions and powers as are conferred on it by this Constitution or any
Court
Division other law.

Powers of 102. (1) The High Court Division on the application of any person
High Court
aggrieved, may give such directions or orders to any person or authority,
Division to
issue including any person performing any function in connection with the affairs
certain
of the Republic, as may be appropriate for the enforcement of any of the
orders and
directions, fundamental rights conferred by Part III of this Constitution.
etc.
(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 connec-tion 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
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(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 forgoing clauses, the High

Court Division shall have no power under this article to pass any interim or

other order in relation to any law to which article 47 applies.

(4) Whereon an application made under clause (1) or sub-clause (a) of

clause (2), an interim order is prayed for and such interim order is likely to
have the effect of-

(a) prejudicing or interfering with any measure designed to implement any

development programme, or any development work ; or

(b) being otherwise harmful to the public interest, the High Court Division

shall not make an interim order unless the Attorney-General has heen

given reasonable notice of the application and he (or an advocate

authorised by him in that behalf) has been given an opportunity of 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-caluse (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.

Jurisdiction 103. (1) The Appellate Division shall have jurisdiction to hear and
of Appellate
determine appeals from judgments, decrees, orders or sentences of the
Division
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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 confirmed a sentence of death or sentenced a person to death or

to imprisonment for life ; or

(c) has imposed punishment on a person for contempt of that division ;

and in such other cases as may be provided for by Act of Parliament.

(3) An appeal to the Appellate Division from 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.

Issue and 104. The Appellate Division shall have power to issue such directions,
execution
orders, decrees or writs as may be necessary for doing complete justice in
of
processes any cause or matter pending before it, including orders for the purpose of
of Appellate
securing the attendance of any person or the discovery or production of
Division
any document.

Review of 105. The Appellate Division shall have power, subject to the provisions of
judgments
any Act of Parliament and of any rules made by that division to review any
or orders
by judgment pronounced or order made by it.
Appellate
Division

Advisory 106. If at any time it appears to the President that a question of law has
jurisdiction
arisen, or is likely to arise, which is of such a nature and of such public
of Supreme
Court 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
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consideration and the division may, after such hearing as it thinks fit, report
its opinion thereon to the President.

Rule- 107. (1) Subject to any law made by Parliament the Supreme Court may,
making
with the approval of the President, make rules for regulating the practice
power of
the and procedure of each division of the Supreme Court and of any court
Supreme
subordinate to it.
Court
(2) The Supreme Court may delegate any of its functions under clause (1)
and article 113 and 116 to a division of that Court or to one or more
judges.

(3) Subject to any rules made under this article the Chief Justice shall
determine which judges 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.

Supreme 108. The Supreme Court shall be a court of record and shall have all the
Court as
powers of such a court including the power subject to law to make an
court of
record order for the investigation of or punishment for any contempt of itself.

Superintendence109. The High Court Division shall have superintendence and control over
and control
all courts and tribunals subordinate to it.
over courts

Transfer of 110. If the High Court Division is satisfied that a case pending in a court
cases from
subordinate to it involves a substantial question of law as to the
subordinate
courts to interpretation of this Constitution, or on a point of general public
High Court
importance, the determination of which is necessary for the disposal of the
Division
case, it shall withdraw the case from that court and may –

(a) either dispose of the case itself ; or

(b) determine the question of law and return the case to the court from

which it has been so withdrawn (or transfer it to another subordinate court)

together with a copy of the judgment of the division on such question, and
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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 judgment.

Binding 111. The law declared by the Appellate Division shall be binding on the
effect of
High Court Division and the law declared by either division of the Supreme
Supreme
Court Court shall be binding on all courts subordinate to it.
judgments

Action in 112. All authorities, executive and judicial, in the Republic shall act in aid
aid of
of the Supreme Court.
Supreme
Court

Staff of 113. (1) Appointments of the staff of the Supreme Court shall be made by
Supreme
the Chief Justice or such other judge or officer of that court as he may
Court
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

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

Appointments 63
[115. Appointments of persons to offices in the judicial service or as
to
subordinate magistrates exercising judicial functions shall be made by the President in
courts accordance with rules made by him in that behalf.]

Control and 64[116. The control (including the power of posting, promotion and grant of
discipline
leave) and discipline of persons employed in the judicial service and
of
subordinate magistrates exercising judicial functions shall vest in the President and
courts
shall be exercised by him in consultation with the Supreme Court.]
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Judicial 65[116A. Subject to provisions of the Constitution, all persons employed in

officers to
the judicial service and all magistrates shall be independent in the exercise
be
independent of their judicial functions.]
in the
exercise of
their
functions

CHAPTER III
ADMINISTRATIVE TRIBUNALS

Administrative 117. (1) Notwithstanding anything hereinbefore contained, Parliament may

tribunals
by law establish one or more administrative tribunals to exercise

jurisdiction in respect of matters 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
punishments;

(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;

66[(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]

[Omitted] Omitted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of
2011), Section 34.

PART VII
ELECTIONS
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Establishment 118. (1) There shall be an Election Commission for Bangladesh consisting
of Election
of 67[the Chief Election Commissioner and not more than four Election
Commission
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
68[Supreme Court].

(6) An Election Commissioner may resign his office by writing under his
hand addressed to the President.

Functions 119. 69[(1) The superintendence, direction and control of the preparation of
of Election
the electoral rolls for elections to the office of President and to Parliament
Commission
and the conduct of such elections shall vest in the Election Commission

which shall, in accordance with this Constitution and any other law –
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(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 rolls for the purpose of elections to the office of

President and to Parliament.]

(2) The Election Commission shall perform such functions, in addition to

those specified in the foregoing clauses, as may be prescribed by this
Constitution or by any other law.

Staff of 120. The President shall, when so requested by the Election Commission,
Election
make available to it such staff as may be necessary for the discharge of its
Commission
functions under this Part.

Single 121. There shall be one electoral roll for each constituency for the
electoral
purposes of elections to Parliament, and no special electoral roll shall be
roll for each
constituency prepared so as to classify electors according to religion, race, caste or sex.

Qualifications 122. (1) The elections 70[* * * ] to Parliament shall be on the basis of adult
for
franchise.
registration
as voter
(2) A person shall be entitled to be enrolled on the electoral roll for a
constituency delimited for the purpose of election to the Parliament, if he -

(a) is a citizen of Bangladesh;

(b) is not less than eighteen years of age;

71[(c) does not stand declared by a competent court to be of unsound mind

;

(d) is or is deemed by law to be a resident of that constituency ; and

(e) has not been convicted of any offence under the Bangladesh

Collaborators (Special Tribunals) Order, 1972.]

72[* * *]
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Time for 123. 73[(1) In the case of a vacancy in the office of President occurring by
holding
reason of the expiration of his term of office an election to fill the vacancy
elections
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.]
74[(3) A general election of the members of Parliament shall be held-

(a) in the case of a dissolution by reason of the expiration of its term,

within the period of ninety days preceding such dissolution ; and

(b) in the case of a dissolution otherwise than by reason of such

expiration, within ninety days after such dissolution :

Provided that the persons elected at a general election under sub-

clause (a) shall not assume office as members of Parliament except after

the expiration of the term referred to therein.]

(4) An election to fill the seat of a member of Parliament which falls vacant
otherwise than by reason of the dissolution of Parliament shall be held
within ninety days of the occurrence of the vacancy 75[:

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.]

Parliament 76[124. Subject to the provisions of this Constitution, Parliament may by

may make
law make provision with respect to all matters relating to or in connection
provision
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as to with elections to Parliament, including the delimitation of constituencies,
elections
the preparation of electoral rolls, the holding of elections, and all other
matters necessary for securing the due Constitution of Parliament.]

Validity of 125. Notwithstanding anything in this Constitution –

election law
and (a) the validity of any law relating to the delimitation of constituencies, or
elections
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 77[office of President 78[* * *]] 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.
79[(c) A court shall not pass any order or direction, ad interim or otherwise,

in relation to an election for which schedule has been announced, unless

the Election Commission has been given reasonable notice and an
opportunity of being heard.]

Executive 126. It shall be the duty of all executive authorities to assist the Election
authorities
Commission in the discharge of its functions.
to assist
Election
Commission

PART VIII
THE COMPTROLLER AND AUDITOR GENERAL

Establishment 127. (1) There shall be a Comptroller and Auditor General of Bangladesh
of office of
(hereinafter referred to as the Auditor General) who shall be appointed by
Auditor-
General 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.

Functions 128. (1) The public accounts of the Republic and of all courts of law and all
of Auditor-
General authorities and officers of the Government shall be audited and reported
on by the Auditor General and for that purpose he or any person
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authorised by him in that behalf shall have access to all records, books,
vouchers, documents, cash, stamps, securities, stores or other

government property in the possession of any person in the service of the

Republic.

(2) Without prejudice to the provisions of clause (1), if it is prescribed by

law in the case of any body corporate directly established by law, the
accounts of that body corporate shall be audited and reported on by such
person as may be so prescribed.

(3) Parliament may by law require the Auditor General to exercise such

functions, in addition to those specified in clause (1), as such law may

prescribe, and until provision is made by law under this clause the
President may, by order, make such provision.

(4) The Auditor General, in the exercise of his functions under clause (1),
shall not be subject to the direction or control of any other person or
authority.

Term of 129. [(1) The Auditor-General shall, subject to the provisions of this
80

office of
article, hold office for five years from the date on which he entered upon
Auditor-
General his office, or until he attains the age of sixty-five years, whichever is
earlier.]

(2) The Auditor General shall not be removed from his office except in like

manner and on the like grounds as a Judge of the 81[Supreme Court].

(3) The Auditor General may resign his office by writing under his hand
addressed to the President.

(4) On ceasing to hold office the Auditor General shall not be eligible for
further office in the service of the Republic.

Acting 130. At any time when the office of Auditor General is vacant, or the
Auditor-
President is satisfied that the Auditor General is unable to perform his
General
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,
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as the case may be, until the Auditor General resumes the functions of his

office.

Form and 131. The public accounts of the Republic shall be kept in such form and in
manner of
such manner as the Auditor General may, with the approval of the
keeping
public President, prescribe.
accounts

Reports of 132. The reports of the Auditor General relating to the public accounts of
Auditor
the Republic shall be submitted to the President, who shall cause them to
General to
be laid be laid before Parliament.
before
Parliament

PART IX
THE SERVICES OF BANGLADESH

CHAPTER I
SERVICES

Appointment 133. Subject to the provisions of this Constitution Parliament may by law
and
regulate the appointment and conditions of service of persons in the
conditions
of service 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.

Tenure of 134. Except as otherwise provided by this Constitution every person in the
office
service of the Republic shall hold office during the pleasure of the

President.

Dismissal, 135. (1) No person who holds any civil post in the service of the Republic
etc. of
shall be dismissed or removed or reduced in rank by an authority
civilian
public subordinate to that by which he was appointed.
officers
(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

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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 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.

Reorganisation 136. Provision may be made by law for the reorganisation of the service of
of service
the Republic by the creation, amalgamation or unification of services and
such law may vary or revoke any condition of service of a person
employed in the service of the Republic.

CHAPTER II
PUBLIC SERVICE COMMISSIONS

Establishment 137. Provision shall be made by law for establishing one or more public
of
service commissions for Bangladesh, each of which shall consist of a
commissions
chairman and such other members as shall be prescribed by law.

Appointment
of members
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138. (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.

Term of 139. (1) The term of office of the chairman and other members of a public
office
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 82[sixty five] years, whichever is earlier.

(2) The chairman and other members of such a commission shall not be
removed from office except in like manner and on the like grounds as a
Judge of the 83[Supreme Court].

(3) A chairman or other member of a public service commission may

resign his office by writing under his hand addressed to the President.

(4) On ceasing to hold office a member of a public service commission

shall not be eligible for further employment in the service of the Republic,

but, subject to the provisions of clause (1)-

(a) a chairman so ceasing shall be eligible for re appointment for one

further term; and

(b) a member (other than the chairman) so ceasing shall be eligible for re
appointment for one further term or for appointment as chairman of a

public service commission.

Functions 140. (1) The functions of a public service commission shall be –

of
commissions (a) to conduct tests and examinations for the selection of suitable persons

for appointment to the service of the Republic;

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(b) to advise the President on any matter on which the commission is

consulted under clause (2) or on any matter connected with its functions

which is referred to the commission by the President; and

(c) such other functions as may be prescribed by law.

(2) Subject to the provisions of any law made by Parliament, and any
regulation (not inconsistent with such law) which may be made by the
President after consultation with a commission, the President shall consult

a commission with respect to –

(a) matters relating to qualifications for, and methods of recruitment to, the
service of the Republic;

(b) the principles to be followed in making appointments to that service

and promotions and transfers from one branch of the service to another,

and the suitability of candidates for such appointments, promotions and

transfers;

(c) matters affecting the terms and conditions (including pension rights) of

that service; and

(d) the discipline of the service.

Annual 141. (1) Each commission shall, not later than the first day of March each
report
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
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which the report was submitted.

84 PART IXA
EMERGENCY PROVISIONS

Proclamation 141A. (1) If the President is satisfied that a grave emergency exists in
of
which the security or economic life of Bangladesh, or any part thereof, is
emergency
threatened by war or external aggression or internal disturbance, he may

issue a Proclamation of Emergency 85[for one hundred twenty days]:

86[* * *]

87[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: 88[* * *]

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 89[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.
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Suspension 141B. While a Proclamation of Emergency is in operation, nothing in

of
articles 36, 37, 38, 39, 40 and 42 shall restrict the power of the State to
provisions
of certain make any law or to take any executive action which the State would, but
articles
for the provisions contained in Part III of this Constitution, be competent to
during
emergencies 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.

Suspension 141C. (1) While a Proclamation of Emergency is in operation, the

of
President may, 90[on the written advice of the Prime Minister, by order],
enforcement
of declare that the right to move any court for the enforcement of such of the
fundamental
rights conferred by Part III of this Constitution as may be specified in the
rights
during order, and all proceedings pending in any court for the enforcement of the
emergencies right so specified, shall remain suspended for the period during which the

Proclamation is in force or for such shorter period as may be specified in

the order.

(2) An order made under this article may extend to the whole of
Bangladesh or any part thereof.

(3) Every order made under this article shall, as soon as may be, be laid
before Parliament.]

PART X
AMENDMENT OF THE CONSTITUTION

Power to 91[142. Notwithstanding anything contained in this Constitution-

amend any
provision of (a) any provision thereof may be amended by way of addition, alteration,
the substitution or repeal by Act of Parliament :
Constitution
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;
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(ii) no such Bill shall be presented to the President for assent unless it is

passed by the votes of not less than two thirds of the total number of
members of Parliament ;

(b) when a Bill passed as aforesaid is presented to the President for

his assent he shall, within the period of seven days after the Bill is
presented to him assent to the Bill, and if he fails so to do he shall be

deemed to have assented to it on the expiration of that period.]

PART XI
MISCELLANEOUS

Property of 143. (1) There shall vest in the Republic, in addition to any other land or
the
property lawfully vested –
Republic
(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.

Executive 144. The executive authority of the Republic shall extend to the
authority in
acquisition, sale, transfer, mortgage and disposal of property, the carrying
relation to
property, on of any trade or business and the making of any contract.
trade, etc.

Contracts 145. (1) All contracts and deeds made in exercise of the executive
and deeds
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
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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.

International 92[145A. All treaties with foreign countries shall be submitted to the
treaties
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.]

Suits in 146. The Government of Bangladesh may sue or be sued by the name of
name of
Bangladesh.
Bangladesh

Remuneration,
147. (1) The remuneration, privileges and other terms and conditions of
etc., of
certain service of a person holding or acting in any office to which this article
officers 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
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holds or is acting in the office first above mentioned.

(4) This article applies to the offices of –

(a) President;

93[* * *]

94[(b) Prime Minister;]

(c) Speaker or Deputy Speaker;

95[(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.

Oaths of 148. (1) A person elected or appointed to any office mentioned in the Third
office
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.

96[* * *]

(2) Where under this Constitution an oath is required to be administered by

a specified person 97[* * *], it may be administered by such other person

and at such place as may be designated by that person.

98[(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.

Saving for 149. Subject to the provisions of this Constitution all existing laws shall
existing
continue to have effect but may be amended or repealed by law made
laws
under this Constitution.

Transitional 99[150. (1) The provisions set out in the Fourth Schedule of the
and
temporary Constitution at the time of the Commencement of this Constitution on the
provisions 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.]

Repeals 151. 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);
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(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).

Interpretation 152. (1) In this Constitution, except where the subject or context otherwise

requires –

“administrative unit” means a district or other area designated by law for

the purposes of article 59;

100[* * *]

101["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;

102[* * *]

“Chief Election Commissioner” means a person appointed to that office

under article 118;

103[“The Chief Justice” means the Chief Justice of Bangladesh;]

“citizen” means a person who is a citizen of Bangladesh according to the

law relating to citizenship;

“clause” means a clause of the article in which the expression occurs;

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104[“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 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 persons 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;
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“Part” means a Part of this Constitution;

“pension” means a pension, whether contributory or not, of any kind

whatsoever payable to or in respect of any person, and includes retired
pay or gratuity so payable by way of the return or any addition thereto of

subscriptions to a provident fund;

“political party” includes a group or combination of persons who operate

within or outside Parliament under a distinctive name and who hold

themselves out for the purpose of propagating a political opinion or
engaging in any other political activity;

“the President” means the President of Bangladesh elected under this

Constitution or any person for the time being acting in that office;

“property” includes property of every description movable or immovable,

corporeal or incorporeal, and commercial and industrial undertakings, and

any right or interest in any such property or undertaking;

“public notification” means a notification in the Bangladesh Gazette;

“public officer” means a 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;

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“the Speaker” means the person for the time being holding the office of
Speaker pursuant to article 74;

“the State” includes Parliament, the Government and statutory public

authorities;

“statutory public authority” means any authority, corporation or body the

activities or the principal activities of which are authorised by any Act,

ordinance, order or instrument having the force of law in Bangladesh;

“sub clause” means a sub clause of the clause in which the expression
occurs;

“the Supreme Court” means the Supreme Court of Bangladesh constituted

by article 94;

“taxation” includes the imposition of any tax, rate, duty or impost, whether

general, local or special, and “Tax” shall be construed accordingly 105[;]

106[* * *]

(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.

Commencement,153. (1) This Constitution may be cited as the Constitution of the People's
citation and
Republic of Bangladesh and shall come into force on the sixteenth day of
authenticity
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:
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Provided that in the event of conflict between the Bengali and the English
text, the Bengali text shall prevail.

1 Substituted for the words, commas, signs and brackets "BISMILLAH-AR-RAHMAN-AR-RAHIM (In the name of Allah, the

Beneficent, the Merciful)" by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 2.

2 Substituted for the words "a historic war for national independence" by the Constitution (Fifteenth Amendment) Act, 2011

(Act XIV of 2011), section 3.

3 Substituted for the former second paragraph by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011),

section 3.

4 Substituted for the semi-colon and word ";and" by the Constitution (Third Amendment) Act, 1974 (Act LXXIV of 1974),

section 3. But its effectiveness is subject to gazette notification under section 4 of that Act.

5 Article 2A was substituted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011) section 4.

6 Substituted for the word "Bengali" by the Constitution (Eighth Amendment) Act, 1988 (Act XXX of 1988), section 3.

7 Article 4A was substituted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011) section 5.

8 The word “Dhaka” was substituted for the word “Dacca” by section 4 of the Constitution (Eighth Amendment) Act, 1988

(Act No. XXX of 1988)

9 Article 6 was substituted for the formar article 6 by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011),

section 6.

10 Article 7A and 7B were inserted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 7.

11 Substituted for the former clause (1) and (1A) by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011),

section 8.

12 Substituted for the former article 9 by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 9.

13 Substituted for the former article 10 by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011) section 10.

14 The comma and words ",and in which effective participation by the people through their elected representatives in

administration at all levels shall be ensured" were omitted by the Constitution (Fourth Amendment) Act, 1975 (Act II of
1975), section 2.

15 The Comma and words ", and in which effective participation by the people through their elected representatives in

administration at all levels shall be ensured" were inserted by the Constitution (Twelfth Amendment) Act, 1991 (Act XXVIII
of 1991), section 2.

16 Substituted for the former article 12 by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 11.

17 Article 18A was inserted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 12.

18 Clause (3) was added by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 13.

19 Article 23A was inserted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 14.

20 The figure and brackets (1) were omitted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011),

section 15, (i).

21 Clause (2) was omitted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 15, (ii).
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22 Clause (3) was added by section 2 of the Constitution (Second Amendment) Act, 1973 (Act No. XXIV of 1973)

23 Article 30 was substituted by section 5 of the Constitution (Eighth Amendment) Act, 1988 (Act No. XXX of 1988)

24 Article 33 was substituted by section 3 of the Constitution (Second Amendment) Act, 1973 (Act No. XXIV of 1973)

25 Article 38 was substituted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 16.

26 Substituted for the former clause (2) and (3) by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011),

section 17.

27 Substituted for the former article 44 by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 18.

28 Substituted for the proviso by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 19 (i).

29 Clause (3) was added by section 2 of the Constitution (First Amendment) Act, 1973 (Act No. XV of 1973)

30 Inserted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 19 (ii).

31 Article 47A was inserted by section 3 of the Constitution (First Amendment) Act, 1973 (Act No. XV of 1973)

32 Chapters I, II and III were substituted for Chapters I and II by section 3 of the Constitution (Twelfth Amendment) Act,

1991 (Act No. XXVIII of 1991).

33 Article 58A was omitted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 20.

34 Article 61 was substituted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 22.

35 Clauses (2) and (3) were omitted by section 4 of the Constitution (Second Amendment) Act, 1973 (Act No. XXIV of

1973)

36 Clause (3) was substituted by section 2 of The Constitution (Seventeenth Amendment) Act, 2018 (Act No 29 0f 2018).

37 Clause (3A) was inserted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 23 (ii).

38 The word "or" and sub-clause (dd) were omitted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011),

section 24 (i).

39 Sub-clause (e) and (f) were inserted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 24

(ii).

40 Clause (2A) was substituted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 24 (iii).

41 Clause (3) was inserted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 24 (iv).

42 The words “before Parliament” were omitted by section 5 of the Constitution (Fourth Amendment) Act, 1975 (Act No. II

of 1975)

43 The word “remuneration” was substituted for the word “salaries” by section 6 of the Constitution (Eighth Amendment)

Act, 1988 (Act No. XXX of 1988)

44 Substituted for the former article 70 by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 25.

45 The proviso was substituted by section 6 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991)

46 Inserted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 26.

47 Clause (4A) was omitted by section 6 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991)

48 Article 73A was inserted by section 9 of the Constitution (Fourth Amendment) Act, 1975 (Act No. II of 1975)
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49 The words “or to speak on any matter not related to his Ministry” were inserted by section 7 of the Constitution (Twelfth

Amendment) Act, 1991 (Act No. XXVIII of 1991)

50 The words “Deputy Prime Minister” were omitted by the Constitution (Twelfth Amendment) Act, 1991 (Act XXVIII of

1991), section 7(b).

51 The words “acting as” were substituted for the words “exercising the functions of the” by section 10 of the Constitution

(Fourth Amendment) Act, 1975 (Act No. II of 1975)

52 The words “At its first meeting in each session” were omitted by section 11 of the Constitution (Fourth Amendment) Act,

1975 (Act No. II of 1975)

53 Clause (3) was substituted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 27 (i).

54 The words “by the votes of a majority of the total number of members of Parliament" were omitted by the Constitution

(Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 27 (ii).

55 The words "in any Money Bill" were inserted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011),

section 28.

56 Clause (aa) was omitted by section 8 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991)

57 Sub-para (ii) was substituted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 29(a).

58 Para (c) was substituted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 29 (b).

59 Clause (3) was added by section 9 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991)

60 Substituted for the words "Parliament stands dissolved or is not in session" by the Constitution (Fifteenth Amendment)

Act, 2011 (Act XIV of 2011), section 30.

61 Substituted for the former Chapter I by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 31.

62 Clauses (2), (3) and (4) were substituted for the clauses (2), (3), (4), (5), (6), (7) and (8) by section 2 of the Constitution

(Sixteenth Amendment) Act, 2014 (Act No. XIII of 2014).

63 Article 115 was substituted by section 19 the Constitution (Fourth Amendment) Act, 1975 (Act No. II of 1975)

64 Substituted for the former article 116 by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 32.

65 Article 116A was inserted by section 21 of the Constitution (Fourth Amendment) Act, 1975 (Act No. II of 1975)

66 Substituted for the former sub-clause (c) by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011),section

33.

67 Substituted for the words and commas "a Chief Election Commissioner and such number of other Election

Commissoners if any, as the President may from time to time direct," by the Constitution (Fifteenth amendment) Act, 2011
(Act XIV of 2011), section 35 (a).

68 Substituted for the words "Supreme Court" by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011),

section 35 (b).

69 Clause (1) was substituted by section 12 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIll of 1991)

70 The words “to the offices of President and Vice President and” were omitted by section 13 of the Constitution (Twelfth

Amendment) Act, 1991 (Act No. XXVIII of 1991)

71 Substituted for sub-clauses (c) and (d) by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section

36.

72 Clause (3) was omitted by section 13 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991)
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73 Clauses (1) and (2) were substituted for clauses (1), (2), (2A) and (2B) by section 14 of the Constitution (Twelfth

Amendment) Act, 1991 (Act No. XXVIII of 1991)

74 Substituted for the former clause (3) by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 37.

75 The colon (:) was substituted for the full stop (.) and thereafter the proviso was added by section 14 of the Constitution

(Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991)

76 Article 124 was substituted by section 15 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991)

77 The words “offices of President and Vice President” were substituted for the words “office of President” by section 14 of

the Constitution (Ninth Amendment) Act. 1989 (Act No. XXXVIII of 1989)

78 The words “and Vice President” were omitted by section 16 of the Constitution (Twelfth Amendment) Act, 1991 (Act No.

XXVIII of 1991)

79 Clause (c) was added by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 38.

80 Clause (1) was substituted by section 5 of the Constitution (Fourteenth Amendment) Act, 2004 (Act No. XIV of 2004)

81 Substituted for the words "Supreme Court" by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011),

section 39.

82 The words “sixty five” were substituted for the words “sixty-two” by section 6 of the Constitution (Fourteenth

Amendment) Act, 2004 (Act No. XIV of 2004)

83 Substituted for the words “Supreme Court” by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011),

section 40.

84 Part IXA was inserted by section 6 of the Constitution (Second Amendment) Act, 1973 (Act No. XXIV of 1973).

85 The words " for one hundred twenty days" were added by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of

2011), section 41 (a).

86 The proviso was omitted by section 28 of the Constitution (Fourth Amendment) Act, 1975 (Act No. II of 1975)

87 The proviso was added by section 17 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991)

88 Omitted by the Constitution (Fifteenth Amendment ) Act, 2011 (Act XIV of 2011), section 41 (b).

89 Added by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 41 (c).

90 The words and comma “on the written advice of the Prime Minister, by order” were substituted for the words “by order”

by section 18 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991)

91 Article 142 was substituted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 42.

92 Article 145A was substituted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 43.

93 Sub clause (aa) was omitted by section 21 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991)

94 Substituted for the former sub-clause (b) by the Constitution (Fifteenth Amendment) Act, 2011 (Act No. XIV of 2011)

section 44(i).

95 Substituted for the former sub-clause (d) by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section

44(ii).

96 Clause (IA) was omitted by section 22 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991)

97 The words “and for any reason it is impracticable for the oath to be made before that person” were omitted by section

30 of the Constitution (Fourth Amendment) Act, 1975 (Act No. II of 1975)

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98 Clause (2A) was inserted by section 7 of the Constitution (Fourteenth Amendment) Act, 2004 (Act No. XIV of 2004)

99 Article 150 was substituted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 45.

100 Omitted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV 2011), section 46 (a).

101 Substituted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 46(b)

102 Omitted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 46(d).

103 Inserted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 46(b).

104 Inserted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 46(c).

105 The semi-colon (;) was substituted for the full stop (.) by section 16 of the Constitution (Ninth Amendment) Act, 1989

(Act No. XXXVIII of 1989)

106 The expression “the vice president” was omitted by section 23 of the Constitution (Twelfth Amendment) Act, 1991 (Act

No. XXVIII of 1991)

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Ministry of Law, Justice and Parliamentary Affairs