Constitution of Bangladesh

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. 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh (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 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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. 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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. 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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. 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh (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. 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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. 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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[* * *] 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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: 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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.] 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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: 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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; 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh (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. 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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. 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh (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 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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 ;] 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh (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– 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh (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. 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh (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 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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. 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh (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 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh (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 : 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh (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 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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.] 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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 – 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh (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[* * *] 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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. 80[(1) The Auditor-General shall, subject to the provisions of this 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, 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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; 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh (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 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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. 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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; 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh (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 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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.] 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh (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); 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh (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; 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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; 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh “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; 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh “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: 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh 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). 25/04/2022 The Constitution of the People‌‍’s Republic of Bangladesh

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

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

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

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) Copyright © 2019, Legislative and Parliamentary Affairs Division Ministry of Law, Justice and Parliamentary Affairs