ConstitutionofBangladesh
BISMILLAH-AR-RAHIMAN-AR-RAHIM
In the name of Allah, the Beneficent,the Merciful
PREAMBLE
We, the people of
Bangladesh, having proclaimed our Independence on the 26th day of
March, 1971 and through 2[a historic war for national independence],
established the independent, sovereign People's Republic of Bangladesh;chanroblesvirtualawlibrary
Pledging that the high ideals of absolute trust and faith in the
Almighty Allah, nationalism, democracy and socialism meaning economic
and social justice, which inspired our heroic people to dedicate
themselves to, and our brave martyrs to sacrifice their lives in the
war for national independence, shall be fundamental principles of the
Constitution;chanroblesvirtualawlibrary
Further pledging that it shall be a fundamental aim of the State to
realise through the democratic process to socialist society, free from
exploitation-a society in which the rule of law, fundamental human
rights and freedom, equality and justice, political, economic and
social, will be secured for all citizens;chanroblesvirtualawlibrary
Affirming that it is our sacred duty to safeguard, protect and defend
this Constitution and to maintain its supremacy as the embodiment of
the will of the people of Bangladesh so that we may prosper in freedom
and may make our full contribution towards international peace and
co-operation in keeping with the progressive aspirations of mankind;chanroblesvirtualawlibrary
In our Constituent Assembly, this eighteenth day of Kartick, 1379 B.S
corresponding to the fourth day of November, 1972 A.D., do hereby
adopt, enact and give to ourselves this Constitution.
PART I
THE REPUBLIC
1. The Republic. Bangladesh is a unitary, independent, sovereign Republic to be known as the People's Republic of Bangladesh.
2. The territory of the Republic. The territory of the Republic shall comprise-
1. The territories which immediately before the
proclamation of independence on the 26th day of March, 1971 constituted
East Pakistan 4[and the territories referred to as included territories
in the Constitution (Third Amendment) Act, 1974, but excluding the
territories referred to as excluded territories in that Act; and]
2. such other territories as may become included in Bangladesh.
2A. The state religion. The state religion of the Republic is Islam,
but other religions may be practiced in peace and harmony in the
Republic.
3. The state language. The state language of the Republic is 6[Bangla
4. National anthem, flag and emblem.
(1) The national anthem of the Republic is the first ten lines of "Amar Sonar Bangla".
(2) The national flag of
the Republic shall consist of a circle, coloured red throughout its
area, resting on a green background.
(3) The national emblem
of the Republic is the national flower Shapla (nympoea-nouchali)
resting on water, having on each side and ear of paddy and being
surmounted by three connected leaves of jute with two stars on each
side of the leaves.
(4) Subject to the foregoing clauses, provisions relating to the national anthem, flag and emblem shall be made by law.
4A. Portrait.
(1)
Portrait of the President shall be preserved and displayed at the
offices of the President, Prime Minister and Speaker, and all embassies
and missions of Bangladesh abroad.
(2) In addition to
clause (1), Portrait, of only the Prime Minister, shall be preserved
and displayed at the offices of the President and the Speaker, and in
head and branch offices of all government and semi-government offices,
autonomous bodies, statutory public authorities, government educational
institutions, embassies and missions of Bangladesh abroad.
5. The capital.
(1) The capital of the Republic is Dhaka.
(2.) The boundaries of the capital shall be determined by law.
6. Citizenship.
(1) The citizenship of Bangladesh shall be determined and regulated by law.
(2) The citizens of Bangladesh shall be known as Bangladeshis.
7. Supremacy of the Constitution.
(1) All powers in the Republic belong to the people, and their exercise
on behalf of the people shall be effected only under, and by the
authority of, this Constitution.
(2) This Constitution is, as the solemn expression of the will of the
people, the supreme law of the Republic, and if any other law is
inconsistent with this Constitution and other law shall, to the extent
of the inconsistency, be void.
PART II
FUNDAMENTAL PRINCIPLES OF STATE POLICY
8. Fundamental principles. chanroblesvirtualawlibrary
(1)
The principles of absolute trust and faith in the Almighty Allah,
nationalism, democracy and socialism meaning economic and social
justice, together with the principles derived from them as set out in
this Part, shall constitute the fundamental principles of state
policy.
(1A). Absolute trust and faith in the Almighty Allah shall be the basis of all actions.]
(2) The principles set
out in this Part shall be fundamental to the governance of Bangladesh,
shall be applied by the State in the making of laws, shall be a guide
to the interpretation of the Constitution and of the other laws of
Bangladesh, and shall form the basis of the work of the State and of
its citizens, but shall not be judicially
enforceable.
9. Promotion of local Government institutions.
The State shall encourage local Government institutions composed of
representatives of the areas concerned and in such institutions special
representation shall be given, as far as possible, to peasants, workers
and women. chanroblesvirtualawlibrary
10. Participation of women in national life. chanroblesvirtualawlibrary
Steps shall be taken to ensure participation of women in all spheres of national life.] Participation of women in national life.
11. Democracy and human rights. chanroblesvirtualawlibrary
The Republic shall be a democracy in which fundamental human rights and
freedoms and respect for the dignity and worth of the human person
shall be guaranteed, and in which effective participation by the people
through their elected representatives in administration at all levels
shall be ensured. chanroblesvirtualawlibrary
12. (Omitted)
13. Principles of ownership. chanroblesvirtualawlibrary
The people shall own or control the instruments and means of production
and distribution, and with this end in view ownership shall assume the
following forms-
1. state ownership, that is ownership by the State on behalf of the
people through the creation of an efficient and dynamic nationalised
public sector embracing the key sectors of the economy;chanroblesvirtualawlibrary
2. co-operative ownership, that is ownership by co-operatives on behalf
of their members within such limits as may be prescribed by law; and
3. private ownership, that is ownership by individuals within such limits as may be prescribed by law. chanroblesvirtualawlibrary
14. Emancipation of peasants and workers. chanroblesvirtualawlibrary
It shall be a fundamental responsibility of the
State to emancipate the toiling masses the peasants and workers and
backward sections of the people from all forms and
exploitation. chanroblesvirtualawlibrary
15. Provision of basic necessities. chanroblesvirtualawlibrary
It shall be a fundamental responsibility of the
State to attain, through planned economic growth, a constant increase
of productive forces and a steady improvement in the material and
cultural standard of living of the people, with a view to securing to
its citizens-
1.
the provision of the basic necessities of life, including food,
clothing, shelter, education and medical care;
2. the
right to work, that is the right to guaranteed employment at a
reasonable wage having regard to the quantity and quality of work;
3. the right to reasonable rest, recreation and leisure; and
4. the
right to social security, that is to say to public assistance in cases
of undeserved want arising from unemployment, illness or disablement,
or suffered by widows or orphans or in old age, or in other such cases.
16. Rural development and agricultural revolution. chanroblesvirtualawlibrary
The State shall adopt effective measures to bring
about a radical transformation in the rural areas through the promotion
of a agricultural revolution, the provision of rural electrification,
the development of cottage and other industries, and the improvement of
education, communications and public health, in those areas, so as
progressively to remove the disparity in the standards of living
between the urban and the rules areas. chanroblesvirtualawlibrary
17. Free and compulsory education. chanroblesvirtualawlibrary
The State shall adopt effective measures for the purpose of -
1.
establishing a uniform, mass-oriented and universal system of education
and extending free and compulsory education to all children to such
stage as may be determined by law ;
2.
relating education to the needs of society and producing properly
trained and motivated citizens to serve those needs;
3. removing illiteracy within such time as may be determined by law.
18. Public health and morality. chanroblesvirtualawlibrary
(1) The State shall regard the raising of the level
of nutrition and the improvement of public health as moving its primary
duties, and in particular shall adopt effective measures to prevent the
consumption, except for medical purposes or for such other purposes as
may be prescribed by law, of alcoholic and other intoxicating drinks
and drugs which are injurious to health.
(2) The State shall adopt effective measures to prevent prostitution
and gambling. chanroblesvirtualawlibrary
19. Equality of opportunity. chanroblesvirtualawlibrary
(1) The State shall endeavour to ensure equality of opportunity to all citizens.
(2) The State shall adopt effective measures to remove social
and economic inequality between man and man and to ensure the equitable
distribution of wealth among citizens, and of opportunities in order to
attain a uniform level of economic development throughout the
Republic. chanroblesvirtualawlibrary
20. Work as a right and duty. chanroblesvirtualawlibrary
(1) Work is a right, a duty and a matter of honour
for every citizen who is capable of working, and everyone shall be paid
for his work on the basis of the principle "from each according to his
abilities to each according to his work".
(2) The State shall endeavour to create
conditions in which, as a general principle, persons shall not be able
to enjoy unearned incomes, and in which human labour in every form,
intellectual and physical, shall become a fuller expression of creative
endeavour and of the human personality. chanroblesvirtualawlibrary
21. Duties of citizens and of public servants. chanroblesvirtualawlibrary
(1) It is the duty of every citizen to observe the
Constitution and the laws, to maintain discipline, to perform public
duties and to protect public property.
(2) Every person in the service of the
Republic has a duty to strive at all times to serve the
people. chanroblesvirtualawlibrary
22. Separation of Judiciary from the executive. chanroblesvirtualawlibrary
The State shall ensure the separation of the
judiciary from the executive organs of the State. Separation of
Judiciary from the executive. chanroblesvirtualawlibrary
23. National Culture. chanroblesvirtualawlibrary
The State shall adopt measures to conserve the
cultural traditions and heritage of the people, and so to foster and
improve the national language, literature and the arts that all
sections of the people are afforded the opportunity to contribute
towards and to participate in the enrichment of the national
culture. chanroblesvirtualawlibrary
24. National monuments, etc. chanroblesvirtualawlibrary
The State shall adopt measures for the protection
against disfigurement, damage or removal of all monuments, objects or
places of special artistic or historic importance or
interest. chanroblesvirtualawlibrary
25. Promotion of international peace, security and solidarity. chanroblesvirtualawlibrary
(1)] The State shall base its international relations on the principles
of respect for national sovereignty and equality, non-interference in
the internal affairs of other countries, peaceful settlement of
international disputes, and respect for international law and the
principles enunciated in the United Nations Charter, and on the basis
of those principle shall-
1. Strive for the renunciation of the use of force in international relations and for general and complete disarmament;
2. uphold the right of
every people freely to determine and build up its own social, economic
and political system by ways and means of its own free choice; and
3. support oppressed
peoples throughout the world waging a just struggle against
imperialism, colonialism or racialism.
(2) The State shall endeavour to consolidate, preserve and strengthen
fraternal relations among Muslim countries based on Islamic
solidarity.
PART III
FUNDAMENTAL RIGHTS
26. Laws inconsistent with fundamental rights to be void.
(1) All existing law inconsistent with the
provisions of this Part shall, to the extent of such inconsistency,
become void on the commencement of this Constitution.
(2) The State shall not make any law inconsistent with any provisions
of this Part, and any law so made shall, to the extent of such
inconsistency, be void.
(3) Nothing in this article shall apply to any amendment of this Constitution made under article 142.
27. Equality before law. chanroblesvirtualawlibrary
All citizens are equal before law and are entitled to equal protection of law. chanroblesvirtualawlibrary
28. Discrimination on grounds of religion, etc. chanroblesvirtualawlibrary
(1) The State shall not discriminate against any
citizen on grounds only of religion, race caste, sex or place of birth.
(2) Women shall have equal rights with men in all spheres of the State and of public life.
(3) No citizen shall, on grounds only of religion, race, caste, sex or
place of birth be subjected to any disability, liability, restriction
or condition with regard to access to any place of public entertainment
or resort, or admission to any educational institution.
(4) Nothing in this article shall prevent the State from making special
provision in favour of women or children or for the advancement of any
backward section of citizens. chanroblesvirtualawlibrary
29. Equality of opportunity in public employment. chanroblesvirtualawlibrary
(1) There shall be equality of opportunity for all
citizens in respect of employment or office in the service of the
Republic.
(2) No citizen shall, on grounds only of religion, race, caste, sex or
place of birth, be ineligible for, or discriminated against in respect
of, any employment or office in the service of the Republic.
(3) Nothing in this article shall prevent the State from -
1. making special provision in favour of any backward
section of citizens for the purpose of securing their adequate
representation in the service of the Republic;
2. giving effect to any law which makes provision for
reserving appointments relating to any religious or denominational
institution to persons of that religion or denomination;
3. reserving for members of one sex any class of
employment or office on the ground that it is considered by its nature
to be unsuited to members of the opposite sex.
30. Prohibition of foreign titles, etc. chanroblesvirtualawlibrary
No citizen shall, without the prior approval of the
President, accept any title, honour, award or decoration from any
foreign state.]
31. Right to protection of law. chanroblesvirtualawlibrary
To enjoy the protection of the law, and to be
treated in accordance with law, and only in accordance with law, is the
inalienable right of every citizen, wherever he may be, and of every
other person for the time being within Bangladesh, and in particular no
action detrimental to the life, liberty, body, reputation or property
of any person shall be taken except in accordance with
law. chanroblesvirtualawlibrary
32. Protection of right to life and personal liberty. chanroblesvirtualawlibrary
No person shall be deprived of life or personal liberty save in accordance with law. chanroblesvirtualawlibrary
33. Safeguards as to arrest and detention. chanroblesvirtualawlibrary
(1) No person who is arrested shall be detained in
custody without being informed, as soon as may be of the grounds for
such arrest, nor shall he be denied the right to consult and be
defended by a legal practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be
produced before the nearest magistrate within a period of twenty four
hours of such arrest, excluding the time necessary for the journey from
the place of arrest to the court of the magistrate, and no such person
shall be detained in custody beyond the said period without the
authority of a magistrate.
(3) Nothing in clauses (1) and (2) shall apply to any person-
1. who for the time being is an enemy alien; or
2. who is arrested or detained under any law providing for preventive detention.
(4) No law providing for preventive detention shall authorise the
detention of a person for a period exceeding six months unless an
Advisory Board consisting of three persons, of whom two shall be
persons who are, or have been, or are qualified to be appointed as,
Judges of the Supreme Court and the other shall be a person who is a
senior officer in the service of the Republic, has, after affording him
an opportunity of being heard in person, reported before the expiration
of the said period of six months that there is, in its opinion,
sufficient cause for such detention.
(5) When any person is detained in pursuance of an order made under any
law providing for preventive detention, the authority making the order
shall, as soon as may be, communicate to such person the grounds on
which the order has been made, and shall afford him the earliest
opportunity of making a representation against the order.
(6) Parliament may be law prescribe the procedure to be followed by an
Advisory Board in an inquiry under clause (4)]. chanroblesvirtualawlibrary
34. Prohibition of forced labour. chanroblesvirtualawlibrary
(1) All forms of forced labour are prohibited and
any contravention of this provision shall be an offence punishable in
accordance with law.
(2) Nothing in this article shall apply to compulsory labour.
1. by persons undergoing lawful punishment for a criminal offence; or
2. required by any law for public purpose.
35. Protection in respect of trial and punishment. chanroblesvirtualawlibrary
(1) No person shall be convicted to any offence
except for violation of al law in force at the time of the commission
of the act charged as an offence, nor be subjected to a penalty greater
than, or different from that which might have been inflicted under the
law in force at the time of the commission of the offence.
(2) No person shall be prosecuted and punished for the same offence more than once.
(3) Every person accused of a criminal offence shall have the right to
a speedy and public trial by an independent and impartial court or
tribunal established by law.
(4) No person accused of any offence shall be compelled to be a witness against himself.
(5) No person shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment.
(6) Nothing in clause (3) or clause (5) shall affect the operation of
any existing law which prescribes any punishment or procedure for
trial. chanroblesvirtualawlibrary
36. Freedom of movement. chanroblesvirtualawlibrary
Subject to any reasonable restrictions imposed by
law in the public interest, every citizen shall have the right to move
freely throughout Bangladesh, to reside and settle in any place therein
and to leave and re-enter Bangladesh. chanroblesvirtualawlibrary
37. Freedom of assembly. chanroblesvirtualawlibrary
Every citizen shall have the right to assemble and
to participate in public meetings and processions peacefully and
without arms, subject to any reasonable restrictions imposed by law in
the interests of public order health. chanroblesvirtualawlibrary
38. Freedom of association.
Every citizen shall have the right to form
associations or unions, subject to any reasonable restrictions imposed
by law in the interests of morality or public order;chanroblesvirtualawlibrary
39. Freedom of thought and conscience, and of speech. chanroblesvirtualawlibrary
(1) Freedom or thought and conscience is guaranteed. Freedom of thought and conscience, and of speech.
(2) Subject to any reasonable restrictions imposed by law in the
interests of the security of the State, friendly relations with foreign
states, public order, decency or morality, or in relation to contempt
of court, defamation or incitement to an offence-
1. the right of every citizen of freedom of speech and expression; and
2. freedom of the press, are guaranteed.
40. Freedom of profession or occupation. chanroblesvirtualawlibrary
Subject to any restrictions imposed by law, every
citizen possessing such qualifications, if any, as may be prescribed by
law in relation to his profession, occupation, trade or business shall
have the right to enter upon any lawful profession or occupation, and
to conduct any lawful trade or business. chanroblesvirtualawlibrary
41. Freedom of religion. chanroblesvirtualawlibrary
(1) Subject to law, public order and morality-
1. every citizen has the right to profess, practice or propagate any religion;
2. every religious community or denomination has the
right to establish, maintain and manage its religious institutions.
(2) No person attending any educational institution shall be required
to receive religious instruction, or to take part in or to attend any
religious ceremony or worship, if that instruction, ceremony or worship
relates to a religion other than his own. chanroblesvirtualawlibrary
42. Rights to property. chanroblesvirtualawlibrary
(1) Subject to any restrictions imposed by law,
every citizen shall have the right to acquire, hold, transfer or
otherwise dispose of property, and no property shall be compulsorily
acquired, nationalised or requisitioned save by authority of law.
(2) A law made under clause (1) shall provide for the acquisition,
nationalisation or requisition with compensation and shall either fix
the amount of compensation or specify the principles on which, and the
manner in which, the compensation is to be assessed and paid; but no
such law shall be called in question in any court on the ground that
any provision in respect of such compensation is not adequate.
(3) Nothing in this article shall affect the operation of any law made
before the commencement of the Proclamations (Amendment) Order, 1977
(Proclamations Order No. I of 1977), in so far as it relates to the
acquisition, nationalisation or acquisition of any property without
compensation.
43. Protection of home and correspondence. chanroblesvirtualawlibrary
Every citizen shall have the right, subject to any
reasonable restrictions imposed by law in the interests of the security
of the State, public order, public morality or public health-
1. to be secured in his home against entry, search and seizure; and
2. to the privacy of his correspondence and other means of communication.
44. Enforcement of fundamental rights. chanroblesvirtualawlibrary
(1) The right to move the High Court Division in
accordance with clause (I) of article 102 for the enforcement of
the rights conferred by this Part of guaranteed.
(2) Without prejudice to the powers of the High Court Division
under article 102, Parliament may be law empower any other court,
within the local limits of its jurisdiction, to exercise all or any of
those powers.
45. Modification of rights in respect of disciplinary. chanroblesvirtualawlibrary
Nothing in this Part shall apply to any provision of
a disciplinary law relating to members of a disciplined force, being a
provision limited to the purpose of ensuring the proper discharge of
their duties or the maintenance of discipline in that
force. chanroblesvirtualawlibrary
46. Power to provide indemnity. chanroblesvirtualawlibrary
Notwithstanding anything in the foregoing provisions
of this Part, Parliament may be law make provision for indemnifying any
person in the service of the Republic or any other person in respect of
any act done by him in connection with the national liberation struggle
or the maintenance or restoration of other in any area in Bangladesh or
validate any sentence passed, punishment inflicted, forfeiture ordered,
or other act done in any such area. chanroblesvirtualawlibrary
47. Saving for certain laws. chanroblesvirtualawlibrary
(1) No law providing for any of the following
matters shall be deemed to be void on the ground that it is
inconsistent with, or takes away or abridge, any of the rights
guaranteed by this Part-
1. the compulsory acquisition, nationalisation or
requisition of any property, or the control or management thereof
whether temporarily or permanently;
2. the compulsory amalgamation of bodies carrying on commercial or other undertakings;
3. the extinction, modification, restriction or
regulation of rights of directors, managers, agents and officers of any
such bodies, or of the voting rights of persons owning shares or stock
(in whatever form) therein;
4. the extinction, modification, restriction or
regulation of rights of search for or win minerals or mineral oil;
5. the carrying on by the Government or by a
corporation owned, controlled or managed by the Government, of any
trade, business, industry or service to the exclusion, complete or
partial, or other persons; or
6. the extinction, modification, restriction or
regulation of any right to property, any right in respect of a
profession, occupation, trade or business or the rights of employers or
employees in any statutory public authority or in any commercial or
industrial undertaking;
if Parliament in such law (including, in the case of existing law, by
amendment) expressly declares that such provision is made to give
effect to any of the fundamental principles of state policy set out in
Part II of this Constitution.
(2) Notwithstanding anything contained in this Constitution the laws
specified in the First Schedule (including any amendment of any such
law) shall continue to have full force and effect, and no provision of
any such law, nor anything done or omitted to be done under the
authority of such law, shall be deemed void or unlawful on the ground
of inconsistency with, or repugnance to, any provision of this
Constitution; 24[Provided that nothing in this article shall prevent
amendment, modification or repeal of any such law.
(3) Notwithstanding anything contained in this Constitution, no law
nor any provision thereof providing for detention, prosecution or
punishment of any person, who is a member of any armed or defence or
auxiliary forces or who is a prisoner of war, for genocide, crimes
against humanity or war crimes and other crimes under international law
shall be deemed void or unlawful, or ever to have become void or
unlawful, on the ground that such law or provision of any such law is
inconsistent with, or repugnant to any of the provisions of this
Constitution.
47A. In applicability of certain articles. chanroblesvirtualawlibrary
(1) The rights guaranteed under article 31. clauses
(1) and (3) of article 35 and article 44 shall not apply to any person
to whom a law specified in clause (3) of article 47 applies.
(2) Notwithstanding anything contained in this Constitution, no person
to whom a law specified in clause (3) of article 47 applies shall have
the right to move the Supreme Court for any of the remedies under this
Constitution.
PART IV
THE EXECUTIVE
CHAPTER I-THE PRESIDENT
48. The President. chanroblesvirtualawlibrary
(1) There shall be a President of Bangladesh who
shall be elected by members of Parliament in accordance with law.
(2) The President shall as Head of State, take precedence over all
other persons in the State, and shall exercise the powers and perform
the duties conferred and imposed on him by this Constitution and by any
other law.
(3) In the exercise of all his functions, save only that of appointing
the Prime Minister pursuant to clause (3) of article 56 and the Chief
Justice pursuant to clause (1) of article 95, the President shall act
in accordance with the advice of the Prime Minister;chanroblesvirtualawlibrary
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-
1. is less than thirty-five years of age; or
2. is not qualified for election a member of Parliament; or
3. 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.
49. Prerogative of mercy. chanroblesvirtualawlibrary
The President shall have power to grant pardons,
reprieves and respites and to remit, suspend or commute any sentence
passed by any court, tribunal or other authority. Prerogative of
mercy. chanroblesvirtualawlibrary
50. Term of office of President. chanroblesvirtualawlibrary
(1) Subject to the provisions of this Constitution,
the President shall hold office for a term of five years from the date
on which he enters upon his office;
Provided that notwithstanding the expiration of his term the President
shall continue to hold office until his successor enters upon office.
(2) No person shall hold office as President for more than two terms, whether or not the terms are consecutive.
(3) The President may resign his office by writing under his hand addressed to the Speaker.
(4) The President during his term of office shall not be qualified for
election as a member of Parliament, and if a member of Parliament is
elected as President he shall vacate his seat in Parliament on the day
on which he enters upon his office as President. chanroblesvirtualawlibrary
51. President's immunity. chanroblesvirtualawlibrary
(1) Without prejudice to the provisions of article
52, the President shall not be answerable in any court for anything
done or omitted by him in the exercise or purported exercise of the
functions of this office, but this clause shall not prejudice the right
of any person to take proceedings against the Government.
(2) During his term of office no criminal proceedings whatsoever shall
be instituted or continued against the President in, and no process for
his arrest or imprisonment shall issue from, any
court. chanroblesvirtualawlibrary
52. Impeachment of the President. chanroblesvirtualawlibrary
(1) The President may be impeached on a charge of
violating this Constitution or of grave misconduct, preferred by a
notice of motion signed by a majority of the total number of members of
the Parliament and delivered to the speaker, setting out the
particulars of the charges, and the motion shall not be debated earlier
than fourteen nor later than thirty days after the notice is so
delivered; and the Speaker shall forthwith summon Parliament if it is
not in session.
(2) The Conduct of the President may be referred by Parliament to any
court, tribunal or body appointed or designated by Parliament for the
investigation of a charge under this article.
(3) The President shall have the right to appear and to be represented during the consideration of the charge.
(4) If after the consideration of the charge a resolution is passed by
Parliament by votes of not less than two-thirds of the total number of
members declaring that the charge has been substantiated, the President
shall vacate his office on the date on which the resolution is passed.
(5) Where the Speaker is exercising the functions of the President
under article 54 the provisions of this article shall apply subject to
the modifications that the reference to the Speaker in clause (1) shall
be construed as a deference to the Deputy Speaker, and that the
reference in clause (4) to the vacation by the President of his office
shall be construed as a reference to the vacation by the Speaker of his
office as Speaker; and on the passing of a resolution such as is
referred to in clause (4) the Speaker shall cease to exercise the
functions of President. chanroblesvirtualawlibrary
53. Removal of President of ground of incapacity. chanroblesvirtualawlibrary
(1) The President may be removed from office on the
ground of physical or mental incapacity on a motion of which notice,
signed by a majority of the total number of members of Parliament, is
delivered to the Speaker, setting out particulars of the alleged
incapacity. Removal of President on ground of 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 is Parliament, the
President has submitted himself to an examination by the Board, the
motion shall not be put to the vote until the Board has been given an
opportunity of reporting its opinion to Parliament.
(7) If after consideration by Parliament of the motion and of the
report of the Board (which shall be submitted within seven days of the
examination held pursuant to clause (2) and if not so submitted shall
be dispensed with) the motion is passed by the votes of not less than
two-thirds of the total number of members of Parliament, the President
shall vacate his office on the date on which the resolution is
passed. chanroblesvirtualawlibrary
54. Speaker to act as President during absence, etc. chanroblesvirtualawlibrary
If a vacancy occurs in the office of President or if
the President is unable to discharge the functions of his office on
account of absence, illness or any other cause of Speaker shall
discharge those functions until a President is elected or until the
President resumes the functions of his office, as the case may
be. chanroblesvirtualawlibrary
CHAPTER II
THE PRIME MINISTER AND THE CABINET
55. The Cabinet. chanroblesvirtualawlibrary
(1) There shall be a Cabinet for Bangladesh having
the Prime Minister at its head and comprising also such other Minister
as the Prime Minister may from time to time designate.
(2) The executive power of the Republic shall, in accordance with this
Constitution, be exercised by or on the authority of the Prime Minister.
(3) The Cabinet shall be collectively responsible to Parliament.
(4) All executive actions of the Government shall be expressed to be taken in the name of the President.
(5) The President shall by rules specify the manner in which orders and
other instruments made in his name shall be attested of authenticated,
and the validity or any order of instrument so attested or
authenticated shall not be questioned in any court on the ground that
it was not duly made or executed.
(6) The President shall make rules for the allocation and transaction of the business of the Government. chanroblesvirtualawlibrary
56. Minister. chanroblesvirtualawlibrary
(1) There shall be Prime Minister, and such other
Ministers, Ministers of State and Deputy Ministers as may be determined
by the Prime Minister.
(2) The appointments of the Prime Minister and other Ministers and of
the Ministers of State and Deputy Ministers, shall be made by the
President: Provided that not less than nine-tenths of their number
shall be appointed from among members of Parliament and not more than
one-tenth of their number may be chosen from among persons qualified
for election as members of Parliament.
(3) The President shall appoint as Prime Minister the member of
Parliament who appears to him to command the support of the majority of
the members of Parliament.
(4) If occasion arises for making any appointment under clause (2) of
clause (3) between a dissolution of Parliament and the next following
general election of members of Parliament, the persons who were such
members immediately before the dissolution shall be regarded for the
purpose of this clause as counting to be such
members. chanroblesvirtualawlibrary
57. Tenure of office of Prime Minister. chanroblesvirtualawlibrary
(1) The office of the Prime Minister shall be vacant -
1. if he resigns from office at any time by placing his resignation in the hands of the President; or
2. if he ceases to be a member of Parliament.
(2) If the Prime Minister ceases to retain the support of a majority of
the members of Parliament, he shall either resign his office or advise
the President shall, if he is satisfied that no other member of
Parliament commands the support of the majority of the members of
Parliament, dissolve Parliament accordingly.
(3) Nothing in this article shall disqualify the Prime Minister for
holding office until his successor has entered upon
office. chanroblesvirtualawlibrary
58. Tenure of office of other Ministers. chanroblesvirtualawlibrary
(1) The office of a Minister other than the Prime Minister shall become vacant-
1. if he resigns from office by placing his
resignation in the hands of the Prime Minister for submission to the
President;
2. 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);
3. if the President, pursuant to the provisions of clause (2), so directs; or
4. as provided in clause (4).
(2) The Prime Minister may at any time request a Minister to resign,
and if such Minister fails to comply with the request, may advise the
President to terminate the appointment of such Minister.
(3) Nothing in sub-clauses (a), (b), and (d) of clause (1) shall
disqualify a Minister for holding office during any period in which
Parliament stands dissolved.
(4) If the Prime Minister resigns from or ceases to hold office each of
the other Ministers shall be deemed also to have resigned from office
but shall, subject to the provisions of the Chapter, continue to hold
office until his successor has entered upon office.
(5) In this article "Minister" includes Minister of State and Deputy Minister. chanroblesvirtualawlibrary
58A. Application of Chapter. chanroblesvirtualawlibrary
Application of Chapter.- Nothing in this Chapter,
except the provision of article 55(4), (5) and (6), shall apply during
the period in which Parliament is dissolved or stands dissolved: Provided that, notwithstanding anything contained in Chapter IIA, where
the President summons Parliament that has been dissolved to meet under
article 72(4), this Chapter shall apply."
CHAPTER IIA
NON-PARTY CARE TAKER GOVERNMENT
58B. Non-Party Care-taker Government chanroblesvirtualawlibrary
(1) There shall be a Non-Party Care-taker Government
during the period from the date on which the Chief Adviser of such
government enters upon office after Parliament is dissolved or stands
dissolved by reason of expiration of its term till the date on which a
new Prime Minister enters upon his office after the constitution of
Parliament.
(2) The Non-Party Care-taker Government shall be collectively responsible to the President.
(3) The executive power of the Republic shall, during the period
mentioned in clause (1), be exercised, subject to the provisions of
article 58D(1), in accordance with this Constitution, by or on the
authority of the Chief Adviser and shall be exercised by him in
accordance with the advice of the Non-Party Care-taker Government.
(4) The provisions of article 55(4), (5) and (6) shall (with the
necessary adaptations) apply to similar matters during the period
mentioned in clause (1). chanroblesvirtualawlibrary
58C. Composition of the Non-Party Care-taker Government, appointment of Advisers, etc. chanroblesvirtualawlibrary
(1) Non-Party Care-taker Government shall consist of
the Chief Adviser at its head and not more than ten other Advisors, all
of whom shall be appointed by the President.
(2) The Chief Adviser and other Advisers shall be appointed within
fifteen days after Parliament is dissolved or stands dissolved, and
during the period between the date on which Parliament is dissolved or
stands dissolved and the date on which the Chief Adviser is appointed,
the Prime Minister and his cabinet who were in office immediately
before Parliament was dissolved or stood dissolved shall continue to
hold office as such.
(3) The President shall appoint as Chief Adviser the person who among
the retired Chief Justices of Bangladesh retired last and who is
qualified to be appointed as an Adviser under this article:cralaw:red
Provided, that if such retired Chief Justice is not available or is not
willing to hold the office of Chief Adviser, the President shall
appoint as Chief Adviser the person who among the retired Chief
Justices of Bangladesh retired next before the last retired Chief
Justice.
(4) If no retired Chief Justice is available or willing to hold the
office of Chief Advise, the President shall appoint as Chief Adviser
the person who among the retired Judges of the Appellate Division
retired last and who is qualified to be appointed as an Adviser under
this article:cralaw:red
Provided, that if such retired Judge is not available or is not willing
to hold the office of Chief Adviser, the President shall appoint as
Chief Adviser the person who among the retired Judges of the Appellate
Division retired next before the last such retired Judge.
(5) If no retired judge of the Appellate Division is available or
willing to hold the office of Chief Adviser, the President shall, after
consultation, as far as practicable, with the major political parties,
appoint the Chief Adviser from among citizens of Bangladesh who are
qualified to be appointed as Advisers under this article.
(6) Notwithstanding anything contained in this Chapter, if the
provisions of clauses (3), (4) and (5) cannot be given effect to, the
President shall assume the functions of the Chief Adviser of the
Non-Party Care-taker Government in addition to his own functions under
this Constitution.
(7) The President shall appoint Advisers from among the persons who are-
1. qualified for election as members of parliament;
2. not members of any political party or of any
organisation associated with or affiliated to any political party;
3. not, and have agreed in writing not to be, candidates for the ensuing election of members of parliament;
4. not over seventy-two years of age.
(8) The Advisers shall be appointed by the President on the advice of the Chief Adviser.
(9) The Chief Adviser or an Adviser may resign his office by writing under his hand addressed to the President.
(10) The Chief Adviser or an Adviser shall cease to be Chief Adviser or
Adviser if he is disqualified to be appointed as such under this
article.
(11) The Chief Adviser shall have the status, and shall be entitled to
the remuneration and privileges, of a Prime Minister and an Adviser
shall have the status, and shall be entitled to the remuneration and
privileges, of a Minister.
(12) The Non-Party Care-taker Government shall stand dissolved on the
date on which the prime Minister enters upon his office after the
constitution of new parliament. chanroblesvirtualawlibrary
58D. Functions of Non-Party Care-taker Government chanroblesvirtualawlibrary
(1) The Non-Party Care-taker Government shall
discharge its functions as an interim government and shall carry on the
routine functions of such government with the aid and assistance of
persons in the services of the Republic; and, except in the case of
necessity for the discharge of such functions its shall not make any
policy decision.
(2) The Non-Party Care-taker Government shall give to the Election
Commission all possible aid and assistance that may be required for
bolding the general election of members of parliament peacefully,
fairly and impartially. chanroblesvirtualawlibrary
58E. Certain provisions of the Constitution to remain ineffective chanroblesvirtualawlibrary
Notwithstanding anything contained in articles
48(3), 141A(1) and 141C(1) of the Constitution, during the period the
Non-Party Care-taker government is functioning, provisions in the
constitution requiring the President to act on the advice of the Prime
Minister or upon his prior counter-signature shall be
ineffective."
CHAPTER III
LOCAL GOVERNMENT
59. Local Government chanroblesvirtualawlibrary
(1) Local Government in every administrative unit of
the Republic shall be entrusted to bodies, composed of persons elected
in accordance with law.
(2) Everybody such as is referred to in clause (1) shall, subject to
this Constitution and any other law, perform within the appropriate
administrative unit such functions as shall be prescribed by Act of
Parliament, which may include functions relating to-
1. Administration and the work of public officers;
2. the maintenance of public order;
3. the preparation and implementation of plans
relating to public services and economic development.
60. Powers of local government bodies
For the purpose of giving full effect to the
provisions of article 59 Parliament shall, by law, confer powers on the
local government bodies referred to in that article, including power to
impose taxes for local purposes, to prepare their budgets and to
maintain funds.
CHAPTER IV
THE DEFENCE SERVICES
61. Supreme Command chanroblesvirtualawlibrary
The supreme command of the defence services of
Bangladesh shall vest in the President and the exercise thereof shall
be regulated by law 27cand such law shall, during the period in which
there is a Non-Party Care-taker Government under article 58B, be
administered by the President. chanroblesvirtualawlibrary
62. Recruitment, etc., of defence services chanroblesvirtualawlibrary
(1) Parliament shall by law provide for regulating-
1. the raising and maintaining of the defence services of Bangladesh and of their reserves;
2. the grant of commissions therein;
3. the appointment of Chief of Staff of the defence services, and their salaries and allowances; and
4. 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. chanroblesvirtualawlibrary
63. War chanroblesvirtualawlibrary
(1) War shall not be declared and the Republic shall
not participate in any war except with the assent of Parliament.
CHAPTER V
THE ATTORNEY GENERAL
64. The Attorney-General chanroblesvirtualawlibrary
(1) The President shall appoint a person who is
qualified to be appointed as a judge of the Supreme Court to be
Attorney-General for Bangladesh.
(2) The Attorney-General shall perform such duties as may be assigned to him by the President.
(3) In the performance of his duties, the Attorney-General shall have the right of audience in all courts of Bangladesh.
(4) The Attorney-General shall hold office during the pleasure of the
President, and shall receive such remuneration as the President may
determine.
PART V
THE LEGISLATURE chanroblesvirtualawlibrary
CHAPTER I
PARLIAMENT
65. Establishment of Parliament chanroblesvirtualawlibrary
(1) There shall be a Parliament for Bangladesh (to
be known as the House of the Nation) in which subject to the provisions
of this Constitution, shall be vested the legislative powers of the
Republic:cralaw:red
Provided that nothing in this clause shall prevent Parliament from
delegating to any person or authority, by Act of Parliament, power to
make orders, rules, regulations, bye-laws or other instruments having
legislative effect.
(2) Parliament shall consist of three hundred members to be elected in
accordance with law from single territorial constituencies by direct
election and, for so long as clause (3) is effective, the members
provided for in that clause; the member shall be designated as Members
of Parliament.
(3) Until the dissolution of Parliament occurring next after the
expiration of the period of ten years beginning from the date of the
first meeting of the Parliament next after the Parliament in existence
at the time of the commencement of the Constitution (Fourteenth
Amendment) Act, 2004, there shall be reserved forty five seats
exclusively for women members and they will be elected by the aforesaid
members in accordance with law on the basis of procedure of
proportional representation in the Parliament through single
transferable vote :cralaw:red
Provided, that nothing in this clause shall be deemed to prevent a woman
from being elected to any of the seats provided for in clause (2) of
this article.
(4) The seat of Parliament shall be in the capital. chanroblesvirtualawlibrary
66. Qualifications and disqualifications for election to Parliament chanroblesvirtualawlibrary
(1) A person shall subject to the provisions of
clause (2), be qualified to be elected as, and to be, a member of
Parliament if he is a citizen of Bangladesh and has attained the age of
twenty-five years.
(2) A person shall be disqualified for election as, or for being, a member of Parliament who-
(a) is declared by a competent court to be of unsound mind;
(b) is an undercharged insolvent;
(c) acquires the citizenship of, or affirms of acknowledges allegiance to, a foreign state;
(d) has been, on conviction for a criminal offence involving moral
turpitude, sentenced to imprisonment for a term of not less than two
years unless a period of five years has elapsed since his release;
(dd) holds any office of profit in this service of the Republic
other than an office which is declared by law not to disqualify its
holders; or
(g) is disqualified for such election by or under any law.
(2A) For the purposes of this article a person shall not be deemed
to hold an office of profit in the service of the Republic by reason
only that he is a President, Prime Minister, Minister,
Minister of State or Deputy Minister.
(4) If any dispute arises as to whether a member of Parliament has,
after his election, become subject to any of the disqualifications
mentioned in clause (2) or as to whether a member of Parliament should
vacate his seat pursuant to article 70, the dispute shall be referred
to the Election Commission to hear and determine it and the decision of
the Commission on such reference shall be final.
(5) Parliament may, by law, make such provision as it deems necessary
for empowering the Election Commission to give full effect to the
provisions of clause (4). chanroblesvirtualawlibrary
67. Vacation of seats of members chanroblesvirtualawlibrary
(1) A member of Parliament shall vacate his seat-
(3) Until the dissolution of Parliament occurring next after the
expiration of the period of ten years beginning from the date of the
first meeting of the Parliament next after the Parliament in existence
at the time of the commencement of the Constitution (Fourteenth
Amendment) Act, 2004, there shall be reserved forty five seats
exclusively for women members and they will be elected by the aforesaid
members in accordance with law on the basis of procedure of
proportional representation in the Parliament through single
transferable vote :cralaw:red
Provided, that nothing in this clause shall be deemed to prevent a woman
from being elected to any of the seats provided for in clause (2) of
this article.
(4) The seat of Parliament shall be in the capital. chanroblesvirtualawlibrary
66. Qualifications and disqualifications for election to Parliament chanroblesvirtualawlibrary
(1) A person shall subject to the provisions of
clause (2), be qualified to be elected as, and to be, a member of
Parliament if he is a citizen of Bangladesh and has attained the age of
twenty-five years.
(2) A person shall be disqualified for election as, or for being, a member of Parliament who-
(a) is declared by a competent court to be of unsound mind;
(b) is an undercharged insolvent;
(c) acquires the citizenship of, or affirms of acknowledges allegiance to, a foreign state;
(d) has been, on conviction for a criminal offence involving moral
turpitude, sentenced to imprisonment for a term of not less than two
years unless a period of five years has elapsed since his release;
(dd) holds any office of profit in this service of the Republic
other than an office which is declared by law not to disqualify its
holders; or
(g) is disqualified for such election by or under any law.
(2A) For the purposes of this article a person shall not be deemed
to hold an office of profit in the service of the Republic by reason
only that he is a President, Prime Minister, Minister,
Minister of State or Deputy Minister.
(4) If any dispute arises as to whether a member of Parliament has,
after his election, become subject to any of the disqualifications
mentioned in clause (2) or as to whether a member of Parliament should
vacate his seat pursuant to article 70, the dispute shall be referred
to the Election Commission to hear and determine it and the decision of
the Commission on such reference shall be final.
(5) Parliament may, by law, make such provision as it deems necessary
for empowering the Election Commission to give full effect to the
provisions of clause (4). chanroblesvirtualawlibrary
67. Vacation of seats of members chanroblesvirtualawlibrary
(1) A member of Parliament shall vacate his seat-
(a) if he fails, within the period of ninety days from the date of the
first meeting of Parliament after his election, to make and subscribe
40* * the oath or affirmation prescribed for a member of Parliament in
the Third Schedule: Provided that the Speaker may, before the
expiration of that period, for good cause extend it;
(b) if he is absent from Parliament, without the leave of Parliament, for ninety 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. chanroblesvirtualawlibrary
68. Remuneration, etc., of members of Parliament chanroblesvirtualawlibrary
Members of Parliament shall be entitled to such
41[remuneration], allowances and privileges as may be determined by Act
of Parliament or, until so determined, by order made by the
President. chanroblesvirtualawlibrary
69. Penalty for member sitting or voting before taking oath chanroblesvirtualawlibrary
If a person sits or votes as a member of Parliament
before he makes or subscribes the oath or affirmation in accordance
with this Constitution, or when he knows that he is not qualified or is
disqualified for membership thereof, he shall be liable in respect of
each day on which he so sits or votes to a penalty of one thousand taka
to be recovered as a debt due to the Republic. chanroblesvirtualawlibrary
70. Vacation of seat on resignation, etc. chanroblesvirtualawlibrary
(1) A person elected as a member of Parliament at an
election at which he was nominated as a candidate by a political party
shall vacate his seat if he resigns from that party or votes in
Parliament against the party. Explanation. - If a member of Parliament-
(a) being present in Parliament abstains from voting, or
(b) absents himself from any sitting of Parliament, ignoring the
direction of the party which nominated him at the election as a
candidate not to do so, he shall be deemed to have voted against that
party.
(2) If, at any time, any question as to the leadership of the
Parliamentary party of a political party arises, the Speaker shall,
within seven days of being informed of it in writing by a person
claming the leadership of the majority of the members of that party in
Parliament, convince a meeting of all members of Parliament of that
party in accordance with the Rules of procedure of Parliament and
determine its Parliamentary leadership by the votes of the majority
through division and if, in the matter of voting in Parliament, any
member does not comply with the direction of the leadership so
determined, he shall be deemed to have voted against that party under
clause (1) and shall vacate his seat in the Parliament.
(3) If a person, after being elected a member of Parliament as an
independent candidate, joins any political party, he shall, for the
purpose of this article, be deemed to have been elected as a nominee of
that Party.
71. Bar against double membership chanroblesvirtualawlibrary
(1) No person shall at the same time be a member of Parliament in respect of two or more constituencies.
(2) Nothing in clause (1) shall prevent a person from being at the same
time a candidate for two or more constituencies, but in the event of
his being elected for more than one-
(a) within thirty days after his last election the person elected shall
deliver to the Chief Election Commissioner a signed declaration
specifying the constituency which he wishes to represent, and the seats
of the other constituencies for which he was elected shall thereupon
fall vacant;
(b) if the person elected fails to comply with sub-clause (a) all the seats for which he was elected shall fall vacant;
(c) the person elected shall not make or subscribe the oath or
affirmation of a member of Parliament until the foregoing provisions of
this clause, so far as applicable, have been complied with.
72. Sessions of Parliament chanroblesvirtualawlibrary
(1) Parliament shall be summoned, prorogued and
dissolved by the President by public notification and when summoning
Parliament the President shall specify the time and place of the first
meeting: 43[Provided that a period exceeding sixty days shall not
intervene between the end of one session and the first sitting of
Parliament in the next session:
Provided further that in the exercise of his functions under this
clause, the President shall act in accordance with the advice of the
Prime Minister tendered to him in writing.]
(2) Notwithstanding the provisions of clause (1) Parliament shall be
summoned to meet within thirty days after the declaration of the
results of polling at any general election of members of Parliament.
(3) Unless sooner dissolved by the President, Parliament shall stand
dissolved on the expiration of the period of five years from the date
of its first meeting.
Provided, that at any time when the Republic is engaged in war the
period may be extended by Act of Parliament by not more than one year
at a time but shall not be so extended beyond six months after the
termination of the war.
(4) If after a dissolution and before the holding of the next general
election of members of Parliament the President is satisfied that owing
to the existence of a state of war in which he Republic is engaged it
is necessary to recall Parliament, the President shall summon the
Parliament that has been dissolved to meet.
(5) Subject to the provisions of clause (1) the sittings of Parliament
shall be held at such times and places as Parliament may, by its rules
of procedure or otherwise determine. chanroblesvirtualawlibrary
73. President's address and messages to Parliament chanroblesvirtualawlibrary
(1) The President may address Parliament, and may send messages thereto.
(2) At the commencement to the first session after a general election
of members of Parliament and at the commencement of the first session
of each year the President shall address Parliament.
(3) Parliament shall, after the presentation of an address by the
President, or the receipt of a message from him, discuss the matter
referred to in such address or message
73A. Rights of Ministers as respects Parliament chanroblesvirtualawlibrary
(1) Every Minister shall have the right to speak
in, and otherwise to take part in the proceedings of, Parliament, but
shall not be entitled to vote 46[or to speak on any matter not related
to his Ministry] unless he is a member of Parliament also.
(2) In this article, "Minister" includes a Prime Minister, Minister of State and Deputy Minister.
74. Speaker and Deputy Speaker chanroblesvirtualawlibrary
(1) Parliament shall at the first sitting after any
general election elect from among its members a Speaker and a deputy
Speaker, and if either office becomes vacant shall within seven days
or, if Parliament is not then sitting, at its first meeting thereafter,
elect one of its members to fill the vacancy.
(2) The Speaker or Deputy Speaker shall vacate his office-
(a) if he ceases to be a member of Parliament;
(b) if he becomes a Minister;
(c) if Parliament passes a resolution (after not less than fourteen
days, notice has been given of the intention to move the resolution)
supported by the votes of a majority of all the members thereof,
requiring his removal from office;
(d) if he resigns his office by writing under his hand delivered to the President;
(e) if after a general election another member enters upon that office; or
(f) in the case of the Deputy Speaker, if he enters upon the office of Speaker.
(3) While the office of the Speaker is vacant or the Speaker is
48[acting as] President, or if it is determined by Parliament that the
Speaker is otherwise unable to perform the functions of his office,
those functions shall be performed by the Deputy Speaker or, if the
office of the Deputy Speaker is vacant, by such member of Parliament as
may be determined by or under the rules of procedure of Parliament; and
during the absence of the Speaker from any sitting of Parliament the
Deputy Speaker or, if he also is absent, such person as may be
determined by or under the rules of procedure, shall act as Speaker.
(4) At any sitting of Parliament, while a resolution for the removal of
the Speaker from his office is under consideration the Speaker (or
while any resolution for the removal of the Deputy Speaker form his
office is under consideration, the Deputy Speaker) shall not preside,
and the provisions of clause (3) shall apply in relation to every such
sitting as they apply in relation to a sitting from which the Speaker
or, as the case may be the Deputy Speaker is absent.
(5) The Speaker or the Deputy Speaker, as the case may be, shall have
the right to speak in, and otherwise to take part in, the proceedings
of Parliament while any resolution for his removal from office is under
consideration in Parliament, and shall be entitled to vote but only as
a member.
(6) Notwithstanding the provisions of clause (2) the Speaker or, as the
case may be, the deputy speaker, shall be demeed to continue to hold
office until his successor has entered upon office. chanroblesvirtualawlibrary
75. Rules of procedure, quorum, etc. chanroblesvirtualawlibrary
(1) Subject to this Constitution-
(a) the procedure of Parliament shall be regulated by rules of
procedure made by it, and until such rules are made shall be regulated
by rules of procedure made by the President;
(b) a decision in Parliament shall be taken by a majority of the votes
of the members present and voting, but the person presiding shall not
vote except when there is an equality of votes, in which case he shall
exercise a casting vote;
(c) no proceeding in Parliament shall be invalid by reason only that
there is a vacancy in the membership thereof or that a person who was
not entitled to do so was present at, or voted or otherwise
participated in, the proceeding.
(2) If at any time during which Parliament is in session the attention
of the person 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. chanroblesvirtualawlibrary
76. Stading committees of Parliament chanroblesvirtualawlibrary
(1) Parliament shall appoint from among its
members the following standing committees, that is to say-
(a) a public accounts committee;
(b) committee of privileges; and
(c) such other standing committees as the rules of procedure of Parliament require.
(2) In addition to the committees referred to in clause (1), Parliament
shall appoint other standing committees, and a committee so appointed
may, subject to his Constitution and to any other law-
(a) examine draft Bills and other legislative proposals;
(b) review the enforcement of laws and propose measures for such enforcement;
(c) in relation to any matter referred to it by Parliament as a matter
of public importance, investigate or inquire into the activities or
administration of a Ministry and may require it to furnish, through an
authorised representative, relevant information and to answer
questions, orally or in writing;
(d) perform any other function assigned to it by Parliament.
(3) Parliament may by law confer on committees appointed under this article powers for-
(a) enforcing the attendance of witnesses and examining then on oath, affirmation or otherwise;
(b) compelling the production of documents.
77. Ombudsman chanroblesvirtualawlibrary
(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. chanroblesvirtualawlibrary
78. Privileges and immunities of Parliament and members chanroblesvirtualawlibrary
(1) The validity of the proceedings in Parliament shall not be questioned in any court.
(2) A member or officer of Parliament in whom powers are vested for the
regulation of procedure, the conduct of business or the maintenance of
order in Parliament, shall not in relation to the exercise by him of
any such powers be subject to the jurisdiction of any court.
(3) A member of Parliament shall not be liable to proceedings in any
court in respect of anything said, or any vote given, by him in
Parliament or in any committed thereof. (4) A person shall not be
liable to proceedings in any court in respect of the publication by or
under the authority of Parliament of any report, paper, vote or
proceeding. (5) Subject to this article, the privileges of Parliament
and of its committees and members may be determined by Act of
Parliament. chanroblesvirtualawlibrary
79. Secretariat of Parliament chanroblesvirtualawlibrary
(1) Parliament shall have its own Secretariat. 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. chanroblesvirtualawlibrary
CHAPTER II
LEGISLATIVE AND FINANCIAL PROCEDURES
80. Legislative procedure chanroblesvirtualawlibrary
(1) Every proposal in Parliament for making law shall be made in the form of a Bill.
(2) When a Bill is passed by Parliament it shall be presented to the President for assent.
(3) The President, within fifteen days after a Bill is presented to him
shall assent to the Bill or, in the case of a Bill other than a
money Bill may return it to parliament with a message requesting that
the Bill or any particular provisions thereof by reconsidered, and that
any amendments specified by him in the message be considered; and if he
fails so to do he shall be deemed to have assented to the Bill at the
expiration of that period.
(4) If the President so returns the Bill Parliament shall consider it
together with the President's message, and if the Bill is again passed
by Parliament with or without amendments 51[by the votes of a majority
of the total number of members of Parliament], it shall be presented to
the President for his assent, whereupon the President shall assent to
the Bill within the period of seven days after it has been presented to
him, and if he fails to do so he shall be deemed to have assented to
the Bill on the expiration of that period.
(5) When the President has assented or is deemed to have assented to a
Bill passed by Parliament it shall become law and shall be called an
Act of Parliament. chanroblesvirtualawlibrary
81. Money Bills chanroblesvirtualawlibrary
(1) In this Part "Money Bill" means a Bill
containing only provisions dealing with all or any of the following
matters-
(a) the imposition, regulation, alteration, remission or repeal of any tax;
(b) the borrowing of money or the giving of any guarantee by the
Government, or the amendment of any law relating to the financial
obligations of the Government;
(c) the custody of the Consolidated Fund, the payment of money into, or the issue or appropriation of moneys from, the Fund;
(d) the imposition of a charge upon the Consolidated Fund, or the alteration or abolition of any such charge;
(e) the receipt of moneys on account of the Consolidated Fund or the
Public Account of the Republic, or the custody or issue of such moneys,
or the audit of the accounts of the Government;
(f) any subordinate matter incidental to any of the matters specified in the foregoing sub-clauses.
(2) A Bill shall not be deemed to be a Money Bill by reason only that
it provides for the imposition or alteration of any fine or other
pecuniary penalty, or for the levy or payment of a licence fee or a fee
or charge for any service rendered, or by reason only that it provides
for the imposition, regulation, alteration, remission or repeal of any
tax by a local authority or body for local purposes.
(3) Every Money Bill shall, when it is presented to the President for
his assent, bear a certificate under the hand of the Speaker that it is
a Money Bill, and such certificate shall be conclusive for all purposes
and shall not be questioned in any court. chanroblesvirtualawlibrary
82. Recommendation for financial measures chanroblesvirtualawlibrary
No Money Bill, or any Bill which involves
expenditure from public moneys, shall be introduced into Parliament
except on the recommendation of the President:
Provided, that no recommendation shall be required under this article
for the moving of an amendment making provision for the reduction or
abolition of any tax. chanroblesvirtualawlibrary
83. Mo taxation except by or under Act of Parliament
No tax shall be levied or collected except by or
under the authority of an Act of Parliament.
84. Consolidated Fund and the Public Account of the Republic chanroblesvirtualawlibrary
(1) All revenues received by the Government, all
loans raised by the Government, and all moneys received by it in
repayment of any loan, shall form part of one fund to be known as the
Consolidated Fund.
(2) All other public moneys received by or on behalf of the Government
shall be credited to the Public Account of the
Republic. chanroblesvirtualawlibrary
85. Regulation of public moneys chanroblesvirtualawlibrary
The custody of public moneys, their payment into and
the withdrawal from the Consolidated Fund or, as the case may be, the
Public Account of the Republic, and matters connected with or ancillary
to the matters aforesaid, shall be regulated by Act of Parliament, and
until provision in that behalf is so made, by rules made by the
President. chanroblesvirtualawlibrary
86. Moneys payable to Public Account of Republic chanroblesvirtualawlibrary
All moneys received by or deposited with-
(a) any person employed in the service of the Republic or in connection
with the affairs of the Republic, other than revenues or moneys which
by virtue of clause (1) of article 84 shall form part of the
Consolidated Fund; or
(b) any court to the credit of any cause, matter, account or persons,
shall be paid into the Public Account of the Republic.
87. Annual financial statement chanroblesvirtualawlibrary
(1) There shall be laid before Parliament in respect
of each financial year, a statement of the estimated receipts and
expenditure of the Government for that year, in this Part referred to
as the annual financial statement.
(2) The annual financial statement shall show separately-
(a) the sums required to meet expenditure charged by or under this Constitution upon the Consolidated Fund; and
(b) the sums required to meet other expenditure proposed to be made
from the Consolidated Fund; and shall distinguish expenditure on
revenue account from other expenditure.
88. Charges on Consolidated Fund chanroblesvirtualawlibrary
The following expenditure shall be charged upon the Consolidated Fund-
(a) the remuneration payable to the President and other expenditure relating to his office; (b) the remuneration payable to-
(i) the Speaker and Deputy Speaker
(ii) the Judges of the 53[Supreme Court 54* * *]
(iii) the Comptroller and Auditor-General;
(iv) the Election Commissioners;
(v) the members of the Public Service Commissions;
(c) the administrative expenses of, including remuneration payable to,
officers and servants of Parliament, the Supreme Court, the
Comptroller and Auditor- General, the Election Commission and the
Public Service Commissions;chanroblesvirtualawlibrary
(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;chanroblesvirtualawlibrary
(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. chanroblesvirtualawlibrary
89. Procedure relating to annual financial statement
(1) So much of the annual financial statement as
relates to expenditure charged upon the Consolidated Fund may be
discussed in, but shall not be submitted to the vote of, Parliament.
(2) So much of the annual financial statement as relates to other
expenditure shall be submitted to Parliament in the form of demands for
grants, and Parliament shall have power to assent to or to refuse to
assent to any demand, or to assent to it subject to a reduction of the
amount specified therein.
(3) No demand for a grant shall be made except on the recommendation of the President. chanroblesvirtualawlibrary
90. Appropriation Act
(1) As soon as may be after the grants under article
89 have been made by Parliament there shall be introduced in Parliament
a Bill to provide for appropriation out of the Consolidated Fund of all
moneys required to meet-
(a) the grants so made by Parliament; and
(b) the expenditure charged on the Consolidated Fund but not exceeding
in any case the amount shown in the annual financial statement laid
before Parliament.
(2) No amendment shall be proposed in Parliament to any such Bill which
has the effect of varying the amount of any grant so made or altering
the purpose to which it is to be applied, or of varying the amount of
any expenditure charged on the Consolidated Fund.
(3) Subject to the provisions of this Constitution no money shall be
withdrawn from the Consolidated Fund except under appropriation made by
law passed in accordance with the provisions of this
article. chanroblesvirtualawlibrary
91. Supplementary and excess grants chanroblesvirtualawlibrary
If in respect of any financial year it is found-
(a) that the amount authorised to be expended for a particular service
for the current financial year is insufficient or that a need has
arisen for expenditure upon some new service not included in the annual
financial statement for that year; or
(b) that any money has been spent on a service during a financial year
in excess of the amount granted for that service for that year. the
President shall have power to authorise expenditure from the
Consolidated Fund whether or not it is charged by or under the
Constitution upon that Fund and shall cause to be laid before
Parliament a supplementary financial statement setting out the
estimated amount of the expenditure or, as the case may be an excess
financial statement setting out the amount of the excess, and the
provisions of articles 87 to 90 shall (with the necessary adaptations)
apply in relation to those statements as they apply in relation to the
annual financial statement.
92. Votes on account, votes of credit, etc. chanroblesvirtualawlibrary
(1) Notwithstanding anything in the foregoing provisions of this Chapter, Parliament shall have power-
(a) to make any grant in advance in respect of the estimated
expenditure for a part of any financial year pending the completion of
the procedure prescribed in article 89 for the voting of such grant and
the passing of a law in accordance with the provisions of article 90 in
relation to that expenditure;
(b) to make a grant for meeting an unexpected demand upon the resources
of the Republic when on account of the magnitude or the indefinite
character of the service the demand cannot be specified with the
details ordinarily given in an annual financial statement;
(c) to make an exceptional grant which forms no part of the current
service of any financial year; and Parliament shall have power to
authorise by law the withdrawal of moneys from the Consolidated Fund
for the purposes for which such grants are made.
(2) The provisions of articles 89 and 90 shall have effect in relation
to the making of any grant under clause (1), and to any law to be made
under that clause, as they have effect in relation to the making of a
grant with regard to any expenditure mentioned in the annual financial
statement and to the law to be made for the authorisation of
appropriation of moneys out of the Consolidated Fund to meet such
expenditure.
(3) Notwithstanding anything contained in the foregoing provisions
of the this Chapter, if, in respect of a financial year, Parliament-
(a) has failed to make the grants under article 89 and pass the law
under article 90 before the beginning of that year and has not also
made any grant in advance under this article; or
(b) has failed to make the grants under article 89 and pass the law
under article 90 before the expiration of the period for which the
grants in advance, if any, were made under this article, the President
may, upon the advice of the prime Minister, by order, authorise the
withdrawal from the Consolidated Fund moneys necessary to meet
expenditure mentioned in the financial statement for that year for a
period not exceeding sixty days in year, pending the making of the
grants and passing of the law.
CHAPTER III
ORDINANCE MAKING POWER
93. Ordinance making power chanroblesvirtualawlibrary
(1) At any time when 58[Parliament stands dissolved
or is not in session], if the President is satisfied that circumstances
exist which render immediate action necessary, he may make and
promulgate such Ordinances as the circumstances appear to him to
require, and any Ordinance so made shall, as from its promulgation have
the like force of law as an Act of Parliament:cralaw:red
Provided, that no Ordinance under this clause shall make any provision-
(i) which could not lawfully be made under this Constitution by Act of Parliament;
(ii) for altering or repealing any provision of this Constitution; or
(iii) continuing in force any provision of an Ordinance previously made.
(2) An Ordinance made under clause (1) shall be laid before Parliament
at its first meeting following the promulgation of the Ordinance and
shall, unless it is earlier repealed, cease to have effect at the
expiration of thirty days after it is so laid or, if a resolution
disapproving of the Ordinance is passed by Parliament before such
expiration, upon the passing of the resolution.
(3) At any time when Parliament stands dissolved the President may, if
he is satisfied that circumstances exist which render such action
necessary, make and promulgate an Ordinance authorising expenditure
from the Consolidated Fund, whether the expenditure is charged by the
Constitution upon that fund or not, and any Ordinance so made shall, as
from its promulgation, have the like force of law as an Act of
Parliament.
(4) Every Ordinance promulgated under clause (3) shall be laid before
Parliament as soon as may be, and the provisions for articles 87, 89
and 90 shall, with necessary adaptations, be complied with in respect
thereof within thirty days of the reconstitution of
Parliament. chanroblesvirtualawlibrary
PART VI
THE JUDICIARY
CHAPTER I
THE SUPREME COURT
94. Establishment of Supreme Court chanroblesvirtualawlibrary
(1) There shall be a Supreme Court for Bangladesh
(to be Known as the Supreme Court of Bangladesh) comprising the
Appeallate Division and the High Court Division.
(2) The Supreme Court shall consist of the Chief Justice, to be known
as the Chief Justice of Bangladesh, and such number of other Judges as
the President may deem it necessary to appoint to each division.
(3) The Chief Justice, and the Judges appointed to the Appellate
Division, shall sit only in that division, and the other Judges shall
sit only in the High Court Division.
(4) Subject to the provisions of this Constitution the Chief Justice
and the other Judges shall be independent in the exercise of their
judicial functions. chanroblesvirtualawlibrary
95. Appointment of Judges chanroblesvirtualawlibrary
(1) The Chief Justice and other Judges shall be appointed by the President.
(2) A person shall not be qualified for appointment as a Judge unless he is a citizen of Bangladesh and-
(a) has, for not less than ten years, been a advocate of the Supreme Court; or
(b) has, for not less than ten years, helf judicial office in the territory of Bangladesh; or
(c) has such other qualifications as may be prescribed by law for appointment as a Judge of the Supreme Court.
(3) In this articles, "Supreme Court" includes 'a Court which at any
time before the commencement of the Second Proclamation (Tenth
Amendment) Order, 1977, exercised jurisdiction as a High Court or
Supreme Court in the territory now forming part of
Bangladesh. chanroblesvirtualawlibrary
96. Tenure of office of Judges chanroblesvirtualawlibrary
(1) Subject to the other provisions of this article,
a Judge shall hold office until he attains the age of 60[sixty-seven]
years.
(2) A Judge shall not be removed from office except in accordance with the following provisions of this article.
(3) There shall be a Supreme Judicial Council, in this article referred
to as the council, which shall consist of the Chief Justice of
Bangladesh, and the two next senior Judges:
Provided that if, at any time, the Council is inquiring into the
capacity or conduct of a Judge who is a member of the Council, or a
member of the Council is absent or is unable to act due to illness or
other cause, the Judge who is next in seniority to those who are
members of the Council shall act as such member.
(4) The function of the Council shall be-
(a) to prescribe a Code of Conduct to be observed by the Judges; and
(b) to inquire into the capacity or conduct of a Judge or of any other
functionary who is not removable from office except in like manner as a
Judge.
(5) Where, upon any information received from the Council or from any
other source, the President has reason to apprehend that a Judge-
(a) may have ceased to be capable of properly performing the functions
of his office by reason of physical or mental incapacity, or
(b) may have been guilty of gross misconduct, the President may direct
the Council to inquire into the matter and report its finding.
(6) If, after making the inquiry, the Council reports to the President
that in its opinion the Judge has ceased to be capable of properly
performing the functions of his office or has been guilty of gross
misconduct, the President shall, by order, remove the Judge from office.
(7) For the purpose of an inquiry this article, the Council shall
regulate its procedure and shall have, in respect of issue and
execution of processes, the same power as the Supreme Court.
(8) A Judge may resign his office by writing under his hand addressed to the President. chanroblesvirtualawlibrary
97. Temporary appointment of Chief Justice chanroblesvirtualawlibrary
If the office of the Chief Justice becomes vacant,
or if the President is satisfied that the Chief Justice is, on account
of absence, illness, or any other cause, unable to perform the
functions of his office, those functions shall, until some other person
has entered upon that office, or until the Chief Justice has resumed
his duties, as the case may be, be performed by the next most senior
Judge of the Appellate Division. chanroblesvirtualawlibrary
98. Additional Supreme Court Judges chanroblesvirtualawlibrary
Notwithstanding the provisions of article 94, if the
President is satisfied that the number of the Judge of a division of
the Supreme Court should be for the time being increased, the President
may appoint one or more duly qualified person to be Additional Judges
of that division for such period not exceeding two years as he may
specify, or, if he thinks fit, may require a Judge of the High Court
Division to sit in the Appellate Division for any temporary period as
an ad hoc Judge and such Judge while so sitting shall exercise the same
jurisdiction, powers and functions as a Judge of the Appellate
Division.
Provided, that nothing in this article shall prevent a person appointed
as an Additional Judge from being appointed as a Judge under article 95
or as an Additional Judge for a further period under this article.
chanroblesvirtualawlibrary
99. Disabilities of Judges chanroblesvirtualawlibrary
(1) Except as provided in clause (2), a person who
has held office as a Judge otherwise than as an Additional Judge shall
not, after his retirement or removal therefrom, plead or act before any
court or authority or hold any office or profit in the service of the
Republic not being a judicial or quasi-judicial office 60a[or the
office of Chief Adviser or Adviser].
(2) A person who has held office as a Judge of the High Court Division
may, after his retirement or removal therefrom, plead or act before the
Appellate Division. chanroblesvirtualawlibrary
100. Seat of Surpreme Court.-
(1) Subject to this article, the permanent seat of the Supreme Court shall be in the capital.
(2) The High Court Division and the Judges thereo shall sit at the
permanent seat of the Supreme Court and at the seats of its permanent
Benches.
(3) The High Court Division shall have a permanent Bench each at
Barisal, Chittagong, Comilla, Jessore, Rangpur and Sylhet, and each
permanent Bench shall have such Benches as the Chief Justice may
determine from time to time.
(4) A permanent Bench shall consist of such number of Judges of the
High Court Division as the Chief Justice may deem it necessary to
nominate to that Bench from time to time and on such nomination the
Judges shall be deemed to have been transferred to that Bench.
(5) The President shall, in consultation with the Chief Justice, assign
the area in relation to which each permanent Bench shall have
jurisdictions, powers and functions conferred or that may be conferred
on the High Court Division by this Constitution or any other law; and
the area not so assigned shall be the area in relation to which the
HighCourt Division sitting at the permanent seat of the Supreme Court
Shall have such jurisdictions, powers and functions.
(6) The Chef Justice shall make rules to provide for all incidental,
supplenental or consequential matters relating to the permanent
Benches." chanroblesvirtualawlibrary
101. Jueisdiction of High Court Division chanroblesvirtualawlibrary
The High Court Division shall have such original,
appeallate and other jurisdictions, powers and functions as are or may
be conferred on it by this Constitution or any other law.
chanroblesvirtualawlibrary
102. Powers of High Court Division to issue certain orders and directions, etc. chanroblesvirtualawlibrary
(1) The High Court Division on the application of
any person aggrieved, may give such directions or orders to any person
or authority, including any person performing any function in
connection with the affairs of the Republic, as may be appropriate for
the enforcement of any the fundamental rights conferred by Part III of
this Constitution.
(2) The High Court Division may, if satisfied that no other equally efficacious remedy is provided by law-
(a) on the application of any person aggrieved, make an order-
(i) directing a person performing any functions in connection with the
affairs of the Republic or of a local authority to refrain from doing
that which he is not permitted by law to do or to do that which he is
required by law to do; or
(ii) declaring that any act done or proceeding taken by a person
performing functions in connection with the affairs of the Republic or
of a local authority has been done or taken without lawful authority
and is of no legal effect; or
(b) on the application of any person, make an order-
(i) directing that a person in custody be brought before it so that it
may satisfy itself that he is not being held in custody without lawful
authority or in an unlawful manner; or
(ii) requiring a person holding or purporting to hold a public office
to show under whatauthority he claims to hold that office.
(3) Notwithstanding anything contained in the foregoing clauses, the
High Court Division shall have no power under this article to pass any
interim or other order in relation to any law to which article 47
applies.
(4) Whereon an application made under clause (1) or sub-clause (a) of
clause (2), an interim order is prayed for and such interim order is
likely to have the effect of-
(a) prejudicing or interfering with any measure designed to implement any development programme, or any development work; or
(b) being otherwise harmful to the public interest, the High Court
Division shall not make an interim order unless the Attorney-General
has been given reasonable notice of the application and he (or an
advocate authorised by him in that behalf) has been given an
opportunity or being heard, and the High Court Division is satisfied
that the interim order would not have the effect refered to in
sub-clause (a) or sub-clause (b). (5) In this article, unless the
context otherwise requires, "person" includes a statutory public
authority and any court or tribunal, other than a court or tribunal
established under a law relating to the defence services of Bangladesh
or any disciplined force or a tribunal to which article 117
applies.
103. Jurisdiction of Appellate Division chanroblesvirtualawlibrary
(1) The Appellate Division shall have jurisdiction
to hear and determine appeals from judgments, decrees, orders or
sentences of the High Court Division.
(2) An appeal to the Appeallate Division from a judgment, decree, order
or sentence of the High Court Division shall lie as of right where the
High Court Division-
(a) certifies that the case involves a substantial question of law as to the interpretation of this constitution ; or
(b) has sentenced a person to death or to 62[imprisonment] for life, or
(c) has imposed punishment on a person for contempt of that division;
and in such other cases as may be provided for by Act of Parliament.
(3) An appeal to the Appellate Division for a judgment, decree, order
or sentence of the High Court Division in a case to which clause (2)
does not apply shall lie only if the Appellate Division grants leave to
appeal.
(4) Parliament may by law declare that the provisions of this article
shall apply in relation to any other court or tribunal as they apply in
relation to the High Court Division. chanroblesvirtualawlibrary
104. Issue and ececution of processis of Appellate Division chanroblesvirtualawlibrary
The Appellate Division shall have power to issue
such directions, orders, decrees or writs as may be necessary for doing
complete justice in any cause or matter pending before it, including
orders for the purpose of securing the attendance or any person or the
discovery or production of any document. chanroblesvirtualawlibrary
105. Review of Judgments or orders by Appellate Division chanroblesvirtualawlibrary
The Appellate Division shall have power, subject to
the provisions of any Act of Parliament and of any rules made by that
division to review any judgment pronounced or order made by it.
chanroblesvirtualawlibrary
106. Advisory jurisdiction of Supreme Court chanroblesvirtualawlibrary
If at any time it appears to the President that a
question of law has arisen, or is likely to arise, which is of such a
nature and of such public importance that it is expedient to obtain the
opinion of the Supreme Court upon it, he may refer the question to the
Appellate Division for consideration and the division may, after such
hearing as it thinks fit, report its opinion thereon to the President.
chanroblesvirtualawlibrary
107. Rule making power of the Supreme Court chanroblesvirtualawlibrary
(1) Subject to any law made by Parliament the
Supreme Court may, with the approval of the President, make rules for
regulating the practice and procedure of each division of the Supreme
Court and of any court subordinate to it.
(2) The Supreme Court may delegate any of its functions under clause
(1) and article 113 to a division of that Court or to one or more
Judges.
(3) Subject to any rules made under this article the Chief Justice
shall determine which Judge are to constitute any Bench of a division
of the Supreme Court 63* * * * * 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. chanroblesvirtualawlibrary
108. Supreme Court as court of record chanroblesvirtualawlibrary
The Supreme Court shall be a court of record and
shall have all the powers of such a court including the power subject
to law to make an order for the investigation of or punishment for any
contempt of itself. chanroblesvirtualawlibrary
109. Superintendence and control over courts chanroblesvirtualawlibrary
The High Court shall have superintendence and
control over all courts 64[and tribunals] subordinate to it.
chanroblesvirtualawlibrary
110. Transfer of cases from subordinate courts to High Court Division chanroblesvirtualawlibrary
If the High Court Division is satisfied that a case
pending in a Court subordinate to it involves a substantial question of
law as to the interpretation of this Constitution, or on a point of
general public importance, the determination of which in necessary for
the disposal of the case, it shall withdraw the case from that court
and may-
(a) either dispose of the case itself; or
(b) determine the question of law and return the case to the court from
which it has been so withdrawn (or transfer it to another subordinate
court) together with a copy of the judgement of the division on such
question, and the court to which the case is so returned or trnasferred
shall, on receipt thereof, proceed to dispose of the case in conformity
with such judgment.
111. Binding effect of Supreme Court judgments chanroblesvirtualawlibrary
The law declared by the Appellate Division shall be
binding on the High Court Division and the law declared by either
division of the Supreme Court shall be binding on all courts
subordinate to it. chanroblesvirtualawlibrary
112. Action in aid of Supreme Court chanroblesvirtualawlibrary
All authorities, executive and judicial, in the
Republic shall act in aid of the Supreme Court.
113. Staff of Supreme Court chanroblesvirtualawlibrary
(1) Appointments of the staff of the Supreme Court
shall be made by the Chief Justice or such other judge or officer of
that Court as he may direct, and shall be made in accordance with rules
made with the previous approval of the President by the Supreme Court.
(2) Subject to the provisions of any Act of Parliament the conditions
of service of members of the staff of the Supreme Court shall be such
as may be prescribed by rules made by that court. chanroblesvirtualawlibrary
CHAPTER II
SUBORDINATE COURTS
114. Establishment of subordinate courts chanroblesvirtualawlibrary
There shall be in addition to the Supreme Court such courts subordinate thereto as may be established by law.
chanroblesvirtualawlibrary
115. Appointments to subordinate courts chanroblesvirtualawlibrary
Appointments of persons to offices in the judicial
service or as magistrates exercising judicial functions shall be made
by the President in accordance with rules made by him in that behalf.
116. Control and discipline of subordinate courts chanroblesvirtualawlibrary
The control (including the power of posting,
promotion and grant of leave) and discipline of persons employed in the
judicial service and magistrates exercising judicial functions shall
vest in the President and shall be exercised by him in
consultation with the Supreme Court. chanroblesvirtualawlibrary
116A.
Judicial officers to be independent in the exercise of their functions chanroblesvirtualawlibrary
117. Administrative tribunals chanroblesvirtualawlibrary
(1) Notwithstanding anything hereinbefore contained,
Parliament may be law establish one or more administrative tribunals to
exercise jurisdiction in respect of matter relating to or arising out
of-
(a) the terms and conditions of persons in the service of the Republic,
including the matters provided for in Part IX and the award of
penalties or punishment;
(b) the acquisition, administration, management and disposal of any
property vested in or managed by the Government by or under any law,
including the operation and management of, and service in any
nationalised enterprise or statutory public authority;
(c) any law to which clause (3) of article 102 applies.
(2) Where any administrative tribunal is established under this
article, no court shall entertain any proceedings or make any order in
respect of any matter falling within the jurisdiction of such tribunal:
Provided that Parliament may, by law, provide for appeals from, or the
review of, decisions of any such tribunal.
PART VII
ELECTIONS
118. Establishment of Election Commission
(1) There shall an Election Commission for
Bangladesh consisting of a Chief Election Commissioner and such number
of other Election Commissioners, if any as the President may from time
to time direct, and the appointment of the Chief Election Commissioner
and other Election commissioners (if any) shall, subject to the
provisions of any law made in that behalf, be made by the President.
(2) When the Election Commission consists of more than one person, the
Chief Election Commissioner shall act as the chairman thereof.
(3) Subject to the provisions of this Constitution the term of office
of an Election Commissioner shall be five years from the date on which
he enters upon his office, and-
(a) a person who has held office as Chief Election Commissioner shall
not be eligible for appointment in the service of the Republic;
(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
72[Supreme Court.]
(6) An Election Commissioner may resign his office by writing under his hand address to the President. chanroblesvirtualawlibrary
119. Functions of Election Commission chanroblesvirtualawlibrary
(1) The superintendence, direction and control of
the preparation of the election rolls for elections to the office or
President and to Parliament and the conduct of such elections shall
vest in the Election Commission which shall, in accordance with his
Constitution and any other law-
(a) hold elections to the office of President;
(b) hold elections of members of Parliament;
(c) delimit the constituencies for thepurpose of elections to Parliament; and
(d) prepare electroral roles for the purpose of elections to the office of President and to Parliament.
(2) The Election Commission shall perform such functions, in addition
to those specified in the foregoing clauses, as may be prescribed by
this Constitution or by any other law. chanroblesvirtualawlibrary
120. Staff of Election Commission chanroblesvirtualawlibrary
The President shall, when so requested by the
Election Commission, make available to it such staff as may be
necessary for the discharge of its functions under this Part.
chanroblesvirtualawlibrary
121. Single electoral roll for each constituency chanroblesvirtualawlibrary
There shall be one electoral roll for each
constituency for the purposes of elections to Parliament, and no
special electoral roll shall be prepared so as to classify electors
according to religion, race caste or sex. chanroblesvirtualawlibrary
122. Qualifications for registration as voter chanroblesvirtualawlibrary
(1) The elections to Parliament shall be on the basis of adult franchise.
(2) A person shall be entitled to be enrolled on the electoral roll for
a constituency delimited the purpose of election to Parliament, if he-
(a) is a citizen of Bangladesh;chanroblesvirtualawlibrary
(b) is not less than eighteen years of age;chanroblesvirtualawlibrary
(c) does not stand declared by a competent court to be of unsound mind; and
(d) is or is deemed by law to be a resident of that consituency
123. Time for holding elections chanroblesvirtualawlibrary
(1) In the case of a vacancy in the office of
President occurring by reason of the expiration of his term of office
an election to fill the vacancy shall be helf within the period of
ninety to sixty days prior to the date of expiration of the term:
Provided, that if the term expires before the dissolution of the
Parliament by members of which he was elected the election to fill the
vacancy shall not be held until after the next general election of
members of Parliament, but shall be held within thirty days after the
first sitting of Parliament following such general election.
(2) In the case of a vacancy in the office of President occurring by
reason of the death, resignation or removal of the President, an
election to fill the vacancy shall be held within the period of ninety
days after the occurrence of the vacancy.
(3) A general election of members of Parliament shall be held
within ninety days after Parliament is dissolved, whether by reason of
the expiration of its term or otherwise than by reason of such
expiration.
(4) An election to fill the seat of a member of Parliament which falls
vacant otherwise than by reason of the dissolution of Parliament shall
be helf within ninety days of the occurrence of the vacancy:cralaw:red
Provided, that in a case where, in the opinion of the Chief Election
Commissioner, it is not possible, for reasons of an act of God, to hold
such election within the period specified in this clause, such election
shall be held within ninety days following next after the last day of
such period.
124. Parliament may make provision as to elections chanroblesvirtualawlibrary
Subject to the provisions of this Constitution,
Parliament may by law make provision with respect to all matters
relating to or in connection with election to Parliament, including the
delimitation of constituencies, the preparation of electoral rolls, the
holding of elections, and all other matters necessary for securing the
due Constitution of Parliament.
125. Validity of election law and elections chanroblesvirtualawlibrary
Notwithstanding anything in this Constitution-
(a) the validity of any law relating to the delimitation of
constituencies, or the allotment of seats to such constituencies, made
or purporting to be made under article 124, shall not be called in
question in any court;
(b) no election to the offices of President or to Parliament
shall be called in question except by an election petition presented to
such authority and in such manner as may be provided for by or under
any law made by Parliament.
126. Executive authorities to assist Election Commission chanroblesvirtualawlibrary
It shall be the duty of all executive authorities to
assist the Election Commission in the discharge of its
functions. chanroblesvirtualawlibrary
PART VIII
THE COMPTROLLER AND AUDITOR-GENERAL
127. Establishment of office of Auditor-General chanroblesvirtualawlibrary
(1) There shall be a Comptroller and Auditor-General
of Bangladesh (hereinafter referred to as the Auditor-General) who
shall be appointed by the President.
(2) Subject to the provisions of this Constitution and of any law made
by Parliament, the conditions of service of the Auditor-General shall
be such as the President may, by order, determine. chanroblesvirtualawlibrary
128. Functions of Auditor-General chanroblesvirtualawlibrary
(1) The public accounts of the Republic and of all
courts of law and all authorities and officers of the Government shall
be audited and reported on by the Auditor-General and for that purpose
he or any person authorised by him in that behalf shall have access to
all records, books, vouchers, documents, cash, stamps, securities,
stores or other government property in the possession of any person in
the service of the Republic.
(2) Without prejudice to the provisions of clause (1), if it is
prescribed by law in the case of any body corportate directly
established by law, the accounts of that body corporate shall be
audited and reported on by such person as may be so prescribed.
(3) Parliament may by law require the Auditor-General to exercise such
functions, in addition to those specified in clause (1), as such law
may prescribe, and until provision is made by law under this clause the
President may, by order, make such provision.
(4) The Auditor-General, in the exercise of this functions under clause
(1), shall not be subject to the direction or control of any other
person or authority. chanroblesvirtualawlibrary
129. Term of office of Auditor-General chanroblesvirtualawlibrary
(1) The Auditor-General shall, subject to the
provisions of this article, hold office for five years from the date on
which he entered upon his office, or until he attains the age of
sixty-five years, whichever is earlier.
(2) The Auditor-General shall not be removed from his office except in
like manner and on the like ground as a judge of the Supreme Court.
(3) The Auditor-General may resign his office by writing under his hand addressed to the President.
(4) On ceasing to hold office the Auditor-General shall not be eligible
for further office in the service of the Republic. chanroblesvirtualawlibrary
130. Acting Auditor-Geral chanroblesvirtualawlibrary
At any time when the office of Auditor-General is
vacant, or the President is satisfied that the Auditor-General is
unable to perform his functions on account of absence, illness or any
other cause, the President may appoint a person to act as
Auditor-General and to perform the functions of that office until an
appointment is made under article 127 or, as the case may be until the
Auditor-General resumes the functions of his office. chanroblesvirtualawlibrary
131. Form and manner of keeping public accounts chanroblesvirtualawlibrary
The public accounts of the Republic shall be kept in
such form and in such manner as the Auditor-General may, with the
approval of the President, prescribe. chanroblesvirtualawlibrary
132. Reports of Auditor-General to be laid before Parliament chanroblesvirtualawlibrary
The reports of the Auditor-General relating to the
Reports of public accounts of the Republic shall be submitted to the
President, who shall cause them to be laid before Parliament.
chanroblesvirtualawlibrary
PART IX
THE SERVICES OF BANGLADESH
CHAPTER 1
SERVICES
133. Appointment and conditions of service chanroblesvirtualawlibrary
Subject to the provisions of this Constitution
Parliament may by law regulate the appointment and conditions of
service of person in the service of the Republic:cralaw:red
Provided, that it shall be competent for the President to make rules
regulating the appointment and the conditions of service such person
until provision in that behalf is made by or under any law, and rules
so made shall have effect subject to the provisions of any such law.
chanroblesvirtualawlibrary
134. Tenure of office chanroblesvirtualawlibrary
Except as otherwise provided by this Constitution
every person in the service of the Republic shall hold office during
the pleasure of the President. chanroblesvirtualawlibrary
135. Dismissal, etc., of civilian public officers chanroblesvirtualawlibrary
(1) No person who holds any civil post in the
service of the Republic shall be dismissed or removed or reduced in
rank by an authority subordinate to that by which he was appointed.
(2) No such person shall be dismissed or removed or reduced in rank
until he has been given a reasonable opportunity of showing cause why
that action should not be taken:cralaw:red
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 dicision 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. chanroblesvirtualawlibrary
136. Reorganisation of service chanroblesvirtualawlibrary
Provision may be made by law for the reorganisation
of the service of the Republic by the creation, amalgamation or
unification of services and such law may vary or revoke any condition
of service of a person employed in the service of the Republic.
CHAPTER II
PUBLIC SERVICE COMMISSIONS
137. Establishment of Commissions chanroblesvirtualawlibrary
Provision shall be made by law for establishing one
or more public service commissions for Bangladesh, each of which shall
consist of a chairman and such other members as shall be prescribed by
law. chanroblesvirtualawlibrary
138. Appointment of menbers chanroblesvirtualawlibrary
(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. chanroblesvirtualawlibrary
139. Term of office chanroblesvirtualawlibrary
(1) The term of office of the chairman and other
members of a public service commission shall, subject to the provisions
of this article, expire five years after the date on which he entered
upon his office, or when he attains the age of sixty-five years,
whichever is earlier;chanroblesvirtualawlibrary
(2) The chairman and other members of such a commission shall be
removed from office except in like manner and on he like grounds as a
judge of the 85[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 mamber of a public service commission
shall not be eligible for further employment in the service of the
Republic, but, subject to the provisions of clause (1)-
(a) a chairman so ceasing shall be eligible for re-appointment for one further term; and
(b) a member (other than the chairman) so ceasing shall be eligible for
re-appointment for one further term or for appointment as chairman of a
public service commission.
140. Functions of Commissions chanroblesvirtualawlibrary
(1) The functions of a public service commission shall be-
(a) to conduct tests examinations for the selection of suitable persons for appointment of the service of the Republic;
(b) to advise the President on any matter on which the commission is
consulted under clause (2) or on any matter connected with its
functions which is referred to the commission by the President; and
(c) such other functions as may be prescribed by law.
(2) Subject to the provisions of any law made by Parliament, and any
regulation (not inconsistent with such law) which may be made by the
President after consultation with a commission, the President shall
consult a commission with respect to-
(a) matters relating to qualifications for, and methods of recruitment to, the service of the Republic;
(b) the principles to be followed in making appointments to that
service and promotions and transfers from one branch of the service to
another, and the suitability of candidates for such appointment,
promotions and transfers;
(c) matters affecting the terms and conditions (including person rights) of that service; and
(d) the discipline of the service.
141. Annual report chanroblesvirtualawlibrary
(1) Each commission shall, not later than the first
day of March each year, prepare and submit to the President a report of
the performance of its functions during the period ended on the
previous 31st day of December.
(2) The report shall be accompanied by a memorandum setting out, so far as is known to the commission-
(a) the cases, if any, in which its advise was not accepted and the reasons why it was not accepted;
(b) the cases where the commission ought to have been consulted and was
not consulted, and the reasons why it was not consulted.
(3) The President shall cause the report and memorandum to be laid
before Parliament at its first meeting held after 31st March in the
year in which the report was submitted.
PART IXA
EMERGENCY PROVISIONS
141A. Proclamation of Emergency chanroblesvirtualawlibrary
(1) If the President is satisfied that a grave
emergency exists in which the security or economic life of Bangladesh,
or any part thereof, is threatened by war or external aggression or
internal disturbance, he may issue a Proclamation of Emergency:cralaw:red
Provided, that such Proclamation shall require for its validity the prior counter signature of the Prime Minister.
(2) A Proclamation of Emergency-
(a) may be revoked by a subsequent Proclamation;
(b) shall be laid before Parliament;
(c) shall cease to operate at the expiration of one hundred and twenty
days, unless before the expiration of that period it has been approved
by a resolution of Parliament:
Provided, that if any such Proclamation is issued at a time when
Parliament stands dissolved or the dissolution of Parliament takes
place during the period of one hundred and twenty days referred to in
sub-clause (c), the Proclamation shall cease to operate at the
expiration of thirty days from the date on which Parliament first meets
after its re-constitution, unless before that expiration of the meets
after its re-constitution, unless before that expiration of the said
period of thirty days a resolution approving the Proclamation has been
passed by Parliament.
(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. chanroblesvirtualawlibrary
141B. Suspension of provisions of certain articles during emergencies chanroblesvirtualawlibrary
While a Proclamation of Emergency is in operation,
nothing in articles 36, 37, 38, 39, 40 and 42 shall restrict the power
of the State to make any law or to take any executive action which the
State would, but for the provisions contained in Part III of this
Constitution, be competent to make or to take, but any law so made
shall, to the extent of the incompetence, cease to have effect as soon
as the Proclamation ceases to operate, except as respects things done
or omitted to be done before the law so ceases to have effect.
chanroblesvirtualawlibrary
141C. Suspenion of enforcement of fundamental right during emergencies chanroblesvirtualawlibrary
(1) While a Proclamation of Emergency is in
operation, the President may, 89[on the written advice of the Prime
Minister, by order], declare that the right to move any court for the
enforcement of such of the rights conferred by Part III of this
Constitution as may be specified in the order, and all proceedings
pending in any court for the enforcement of the right so specified,
shall remain suspended for the period during which the Proclamation is
in force or for such shorter period as may be specified in the order.
(2) An order made under this article may extend to the whole of Bangladesh or any part thereof.
(3) Every order made under this article shall,
as soon as may be, be laid before Parliament.]
PART X
AMENDMENT OF THE CONSTITUTION
142. Power to amend any provision of the Constitution
(1) Notwithstanding anything contained in this Constitution- chanroblesvirtualawlibrary
(a) any provision thereof may be amended by way of addition, alteration, substitution or repeal by Act of Parliament:
Provided, that-
(i) no Bill for such amendment shall be allowed to proceed unless
the long title thereof expressly states that it will amend a
provision of the Constitution;
(ii) no such Bill shall be presented to the President for assent unless
it is passed by the votes of not less than two-thirds of the total
number of members of Parliament;
(b) when a Bill passed as aforesaid is presented to the President for
his assent he shall, within the period of seven days after the Bill is
presented to him assent to the Bill, and if he fails so to do he shall
be deemed to have assented to it on the expiration of that period.
(1A) Notwithstanding anything contained in clause (1), when a Bill,
passed as a aforesaid,, which provides for the amendment of the
Preamble or any provisions of articles 8, 48 0r 56 or
this article, is presented to the President for assent, the President,
shall within the period of seven days, after the Bill is presented to
him, cause to be referred to a referendum the question whether the Bill
should or should not be assented to.
(1B) A referendum under this article shall be conducted by the Election
Commission, within such period and in such manner as may be provided by
law, amongst the person enrolled on the electoral roll prepared for the
purpose of election to 96[Parliament].
(1C) On the day on which the result of the referendum conducted in
relation to a Bill under this article is declared, the President shal
be deemed to have-
(a) assented to the Bill, if the majority of the total votes cast are in favour of the Bill being assented to; or
(b) Withheld assent therefrom, if the majority of the total votes cast are not in favour of the Bill being assented to.]
(1D) Nothing in clause (1C) shall be deemed to be an
expression of confidence or no-confidence in the Cabinet or Parliament]
(2) Nothing in article 26 shall apply to any amendment made under this article.]
PART XI
MISCELLANEOUS
143. Property of the Republic chanroblesvirtualawlibrary
(1) There shall vest in the Republic, in addition to any other land or property lawfully vested-
(a) all minerals and other things of value underlying any land of Bangladesh;
(b) all lands, minerals and other things of value underlying the ocean
within the territorial waters, or the ocean over the continental shelf,
of Bangladesh; and
(c) any property located in Bangladesh that has no rightful owner.
(2) Parliament may from time to time by law provide for the
determination of the boundaries of the territory of Bangladesh and of
the territorial waters and the continental shelf of
Bangladesh. chanroblesvirtualawlibrary
144. Executive authority in relation to property, trade, etc. chanroblesvirtualawlibrary
The executive authority of the Republic shall extend
to the acquisition, sale, transfer, mortgage and disposal of property,
the carrying on of any trade or business and the making of any
contract. chanroblesvirtualawlibrary
145. Contracts and deeds chanroblesvirtualawlibrary
(1) All contracts and deeds made in exercise of the
executive authority of the Republic shall be expressed to be made by
the President, and shall be executed on behlf of the President by such
person and in such manner as he may direct or authorise.
(2) Where a contract or deed is made or executed in exercise of the
executive authority of the Republic, neither the President nor any
other person making or executing the contract or deed in exercise of
the authority shall be personally liable in respect thereof, but this
article shall not prejudice the right of any person to take proceedings
against the Government. chanroblesvirtualawlibrary
145A. International treaties
All treaties with foreign countries shall be
submitted to the President, who shall cause them to be laid before
Parliament:cralaw:red
Provided, that any such treaty connected with national security
shall be laid in a secret session of Parliament
146. Suits in name of Bangladesh chanroblesvirtualawlibrary
The Government of Bangladesh may sue or be sued by the name of Bangladesh. chanroblesvirtualawlibrary
147. Remuneration, etc., of certain officers chanroblesvirtualawlibrary
(1) The remuneration, privileges and other terms and
conditions of service of a person holding or acting in any office to
which this article applies shall be determined by or under Act of
parliament, but until they are so determined-
(a) they shall be those (if any) appertaining to the person holding or,
as the case may be acting in the office in question immediately before
the commencement of this Constitution; or
(b) if thepreceding sub-clause is not applicable, they shall be determined by order made by the President.
(2) The remuneration, privileges and other terms and conditions of
service of a person holding or acting in any office to which this
article applies shall not be varied to the disadvantage of any such
person during his term of office.
(3) No person appointed to or acting in any office to which this
article applies shall hold any arise, post or position of profit or
emolument or take any part whatsoever in the management or conduct of
any company, association or body having profit or gain as its object:cralaw:red
Provided, that such person shall not for the purposes of this clause be
deemed to hold any such office, post or position by reason only that he
holds or is acting in the office first above-mentioned.
(4) This article applies to the offices of -
(a) President;
(b) Prime Minister and Chief Advisor;
(c) Speaker or Deputy Speaker;
(d) Minister, Advisor, Minister of State or Deputy Minister;
(e) Judge of the Supreme Court;
(f) Comptroller and Auditor-General;
(g) Election Commissioner;
(h) Member of a public service commission.
148. Oaths of office chanroblesvirtualawlibrary
(1) A person elected or appointed to any office
mentioned in the Third Schedule shall before entering upon the office
make and subscribe an oath or affirmation (in this article referred to
as "an oath") in accordance with that Schedule.
(2) Where under this Constitution an oath is required to be
administrated by a specified person, it may be administered by
such other person and at such place as may be designated by that
person.
(2A) If, within three days next after publication through official
Gazette of the result of a general election of members of Parliament
under clause (3) of article 123, the person specified under the
Constitution for the purpose or such other person designated by that
person for the purpose, is unable to, or does not, administer oath to
the newly elected members of Parliament, on any account, the Chief
Election Commissioner shall administer such oath within three days next
thereafter, as if, he is the person specified under the Constitution
for the purpose.
(3) Where under this Constitution a person is required to make an oath
before he enters upon an office he shall be deemed to have entered upon
the office immediately after he makes the oath. chanroblesvirtualawlibrary
149. Saving for existing laws chanroblesvirtualawlibrary
Subject to the provisions of this Constitution all
existing laws shall continue to have effect but may be amended or
repealed by law made under this Constitution. chanroblesvirtualawlibrary
150. Transitional and temporaty provisions chanroblesvirtualawlibrary
The transitional and temporary provisions set out in
the Fourth Schedule shall have effect notwithstanding any other
provisions of this Constitution. chanroblesvirtualawlibrary
151. Repeals chanroblesvirtualawlibrary
The following President's Orders are hereby repealed-
(a) The laws Continuance Enforcement Order made on 10th April, 1971;
(b) The Provisional Constitution of Bangladesh Order, 1972;
(c) The High Court of Bangladesh Order, 1972 (P.O. No. 5 of 1972);
(d) The Bangladesh Comptroller and Auditor-General Order, 1972 (P.O. No. 15 of 1972)
(e) The Constituent Assembly of Bangladesh Order, 1972 (P.O. No. 22 of 1972)
(f) The Bangladesh Election Commission Order, 1972 (P.O. No. 25 of 1972)
(g) The Bangladesh Public Service Commissions Order 1972 (P.O. No. 34 of 1972)
(h) The Bangladesh Transaction of Government Business Order, 1972 (P.O. No. 58 of 1972)
152. Interpretation chanroblesvirtualawlibrary
(1) In this Constitution, except where the subject or context otherwise requires-
Interpretation "Administrative unit" means a district or other area
designated by law for the purposes of article 59; 106a["Advisor" means
a person appointed to that office under article 58C;chanroblesvirtualawlibrary
"the Appellate Division" means the Appellate Division of the Supreme Court;chanroblesvirtualawlibrary
"article" means an article of this Constitution;chanroblesvirtualawlibrary
"borrowing" includes the raising of money by annuity, and "loan" shall be construed accordingly;chanroblesvirtualawlibrary
"the capital" has the meaning assigned to that expression in article 5;chanroblesvirtualawlibrary
"Chief Adviser" means a person appointed to that office under article 58C.
"Chief Election Commissioner" means a person appointed to that office under article 118;chanroblesvirtualawlibrary
"The Chief Justice" means the Chief Justice of Bangladesh;chanroblesvirtualawlibrary
"citizen" means a person who is a citizen of Bangladesh according to the law relating to citizenship;chanroblesvirtualawlibrary
"clause" means a clause of the article in which the expression occurs;chanroblesvirtualawlibrary
"court"means any court of law including Supreme Court;chanroblesvirtualawlibrary
"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;chanroblesvirtualawlibrary
"disciplinary law" means a law regulating the discipline of any disciplined force;chanroblesvirtualawlibrary
"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;chanroblesvirtualawlibrary
"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;chanroblesvirtualawlibrary
"financial year" means a year commencing on the first day of July;chanroblesvirtualawlibrary
"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;chanroblesvirtualawlibrary
"the High Court Division" means the High Court Division of the Supreme Court;chanroblesvirtualawlibrary
"judge" means a judge of a division of the Supreme Court;chanroblesvirtualawlibrary
"judicial service" means a service comprising person holding judicial
posts not being posts superior to that of a district judge;chanroblesvirtualawlibrary
"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;chanroblesvirtualawlibrary
"Parliament" means the Parliament for Bangladesh established by article 65;chanroblesvirtualawlibrary
"Part" means a Part of this Constitution;chanroblesvirtualawlibrary
"pension" means a pension, whether contributory or not, of any kind
whatsover 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;chanroblesvirtualawlibrary
"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;chanroblesvirtualawlibrary
"the President" means the President of Bangladesh elected under this
Constitution or any person for the time being acting in that office;chanroblesvirtualawlibrary
"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;chanroblesvirtualawlibrary
"public notification" means a notification in the Bangladesh Gazette.
"public officer" means person holding or acting in any office of emolument in the service of the Republic;chanroblesvirtualawlibrary
"the Republic" means the People's Republic of Bangladesh;chanroblesvirtualawlibrary
"Schedule" means a schedule to this Constitution;chanroblesvirtualawlibrary
"securities" includes stock;chanroblesvirtualawlibrary
"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;chanroblesvirtualawlibrary
"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;chanroblesvirtualawlibrary
"sitting" in relation to Parliament, means a period during which Parliament is sitting continuously without adjournment;chanroblesvirtualawlibrary
"the Speaker" means the person for the time being holding the office of Speaker pursuant to article 74;chanroblesvirtualawlibrary
"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;chanroblesvirtualawlibrary
"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;chanroblesvirtualawlibrary
"taxation" includes the imposition of any tax, rate, duty or impost,
whether general, local or special, and "tax" shall be construed
accordingly;chanroblesvirtualawlibrary
(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.
chanroblesvirtualawlibrary
153. Commencement, citation and authenticity chanroblesvirtualawlibrary
(1) This Constitution may be cited as the
Constitution of the People's Republic of Bangladesh and shall come into
force on the sixteenth day of December, 1972, in this Constitution
referred to as the commencement of this Constitution.
(2) There shall be an authentic text of this Constitution in Bengali,
and an authentic text of an authorised translation in English, both of
which shall be certified as such by the Speaker of the Constituent
Assembly.
(3) A text certified in accordance with clause (2) shall be conclusive evidence of the provisions of this Constitution:cralaw:red
Provided, that in the event of conflict between the Bengali and the
English text, the Bengali text shall prevail. chanroblesvirtualawlibrary
SCHEDULES
FIRST SCHEDULE
Article 47
Laws effective notwithstanding other provisions chanroblesvirtualawlibrary
The State Acquisition and Tenancy Act, 1950 (E.B. Act XXVIII of 1951).
The Bangladesh (Taking over of Control and Management of Industrial and Commercial Concerns) Order, 1972 (A.P.O. No. 1 of 1972).
*The Government of Bangladesh (Services) Order, 1972 (P.O. No. 9 of 1972)
The Bangladesh Shipping Corporation Order, 1972 (P.O. No. 10 of 1972)
The Bangladesh (Restoration of Evacuee Property) Order, 1972 (P.O. No. 13 of 1972)
*The Bangladesh Public Servants' (Retirement) Order, 1972 (P.O. No. 14 of 1972)
The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. No. 16 of 1972)
The Bangladesh Banks (Nationalisation) Order, 1972 (P.O. No. 26 of 1972)
The Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 (P.O. No. 27 of 1972)
The Bangladesh Inland Water Transport Corporation Order, 1972 (P.O. No. 28 of 1972)
The Bangladesh (Vesting of Property and Assets) Order, 1972 (P.O. No. 29 of 1972)
The Bangladesh Insurance (Emergency Provisions) Order, 1972 (P.O. No. 30 of 1972)
*The Bangladesh Consumer Supplies Corporation Order, 1972 (P.O. No. 47 of 1972)
*The Bangladesh Scheduled Offences (Special Tribunals) Order, 1972 (P.O. No. 50 of 1972)
*The Bangladesh Nationalised and Private Organisations (Regulation of Salary of Employees) Order, 1972 (P.O. No. 54 of 1972)
*The Bangladesh Jute Export Corporation Order, 1972 (P.O. No. 57 of
1972) The Bangladesh Water and Power Development Boards Order, 1972
(P.O. No. 59 of 1972)
*The Government of Bangladesh (Services Screening) Order, 1972 (P.O. No. 67 of 1972)
*The Bangladesh Government Hats and Bazars (Management) Order, 1972 (P.O. No. 73 of 1972)
*The Bangladesh Government and Semi-autonomous Organisations
(Regulation of Salary of Employees) Order, 1972 (P.O. No. 79 of 1972)
The Bangladesh Insurance (Nationalisation) Order, 1972 (P.O. No. 95 of 1972)
The Bangladesh Land Holding (Limitation) Order, 1972 (P.O. No. 98 of 1972)
*The Bangladesh Biman Order, 1972 (P.O. No. 126 of 1972)
The Bangladesh Bank Order, 1972 (P.O. No. 127 of 1972)
The Bangladesh Shilpa Rin Sangstha Order, 1972 (P.O. No. 128 of 1972)
The Bangladesh Shilpa Bank Order, 1972 (P.O. No. 129 of 1972)
All all Presidential Orders and other existing law effecting amendments of the above-mentioned Act and Orders.
SECOND SCHEDULE
Election of President [Omitted]
THIRD SCHEDULE
Article 148
OATHS AND AFFIRMATIONS chanroblesvirtualawlibrary
1. The President- An oath (or affirmation) in the
following form shall be administered by the 115[Chief Justice]-
"I,., do
solemnly swear (or affirm) that I will faithfully discharge the duties
of the office of President of Bangladesh according to law:
That I will bear true faith and allegiance to Bangladesh:
That I will preserve, protect and defend the Constitution:
And that I will do right to all manner of people according to law, without fear or favour, affection or ill-will"
1A. The President in the case of performing the functions of the Chief
Adviser.-Oaths (or Affirmations) in the following forms shall be
administered by the Chief Justice- chanroblesvirtualawlibrary
(a) Oath (or Affirmation of office:cralaw:red
"I,.do solemnly swear (or Affirm) that I will
faithfully discharge the duties of the office of Chief Adviser of the
Non-Party Care-taker government according to law:
That I will bear true faith and allegiance to Bangladesh:
That I will Preserve, protect and defend the Constitution:
And that I will do right to all manner of people according to law, without fear or favour, affection or ill-will."
(b) Oath (or Affirmation) of secrecy:cralaw:red
"I,. do solemnly swear (or Affirm) that I will not
directly or indirectly communicate or reveal to any person any matter
which shall be brought under my consderation or shall become known to
me as Chief Adviser of the Non-Party Care-taker government except as
may be required for the due discharhe of my duty as Chief Adviser."
2. The Prime Minister and other
Ministers, Ministers of State and Deputy Ministers.- Oaths (or
affirmations) in the following forms shall be administered by the
President-
(a) Oath (or affirmation) of office;chanroblesvirtualawlibrary
"I., do solemnly swear (or Affirm) that I will
faithfully discharge the duties of the office of Prime Minister (or as
the case may be) according to law:
That I will bear true faith and allegiance to Bangladesh;
That I will Preserve, protect and defend the Constitution:
And That I will do right to all manner of people according to law, without fear of favour, affection or ill-will."
(b) Oath (or Affirmation) of secrecy;chanroblesvirtualawlibrary
"I,., do solemnly swear (or affirm) that I will
not directly or indirectly communicate or reveal to any person any
matter which shall be brought under my consideration or shall become
known to me as Prime Minister (or as the case may be) except as may be
required for the due discharge of my duty as Prime Minister (or as the
case may be)."
2A. In Chief Adviserand Advisers.- Oaths
(or affirmations) in the following forms shall be administered by the
President- chanroblesvirtualawlibrary
(a) Oath (or affirmation) of office:cralaw:red
"I,. do solemnly swear
(or affirm) that I will faithfully discharge the duties of the office
of the Chief Adviser (or Adviser) of the Non-Party Care-taker
Government, according to law;
That I will bear true faith and allegiance to Bangladesh;
That I will preserve, protect and defend the Constitution;
That I will do tight to all manner of people according to law, without fear or favour, affection or ill-will."
(b) Oath (or affirmation of secrecy;chanroblesvirtualawlibrary
"I,do solemnly swear
(or affirm) that I will not directly or inderectly connunicate or
reveal to any person any matter which shall be brought under my
consideration or shall become known to me as Chief Adviser (or Adviser
of the Non-party Care-taker Government, except as may be required for
the due discharge of my duty as Chief Adviser (or Adviser)."
3. The Speaker.- An Oath (or affirmation) in the following form shall be administered by the president
"I ,, do solemnly swear (or affirm)
that I will faithfully discharge the duties of the Speaker of
Parliament and (whenever I am called upon so to do) of the President,
according to law; That I will bear true faith and allegiance to
Bangladesh; That I will preserve, protect and defend the Constitution;
And that I will do right to all manner of People according to law,
without fear or favour, affection or ill-will."
4. Deputy Speaker.- An oath (or affirmation) in the
following form shall be administered by the President-
"I,, do solemnly swear (or
affirm) that I will faithfully discharge the duties or Deputy Speaker
or Parliament and (whenever I am called upon so to do) of the Speaker,
according to law: That I will bear true faith and allegiance to
Bangladesh: That I will preserve, protect and defend the Constitution:
And that I will do right to all manner of people according to law,
without fear or favour, affection or ill-will."
5. Member of Parliament.- An oath (or affirmation)
in the following form shall be administratered by the Speaker-
"I,, having been
elected a member of Parliament do solemnly swear (or affirm) that I
will faithfully discharge the duties upon which I am about to enter
according to law: That I will bear true faith and allegiance to
Bangladesh: And that I will not allow my personal interest to influence
the discharge of my duties as a member of Parliament."
6. Chief
Justice or Judges.- An oath (or Affirmation) in the following form
shall be administered, in the case of the Chief Justice by the
President, and in the case of a Judge Appointed to a division, by the
Chief Justice-
"I,, having been appointed Chief Justice
of Bangladesh (or Judge of the Appellate/High Court Division of the
Supreme Court) do solemnly swear (or Affirm) that I will faithfully
discharge the duties of my office according to law: That I will bear
true faith and allegiance to Bangladesh: That I will preserve, protect
and defend the Constitution and the laws of Bangladesh: And that I will
do right to all manner of people according to law, without fear of
favour, affection or ill-will."
7. Chief Election Commissioner or Election
Commissioner.- An oath (or Affirmation) in the following from shall be
administered by the Chief Justice-
"I,., having been
appointed Chief Election Commissioner (or Election Commissioner), do
solemnly swear (or Affirm) that I will faithfully discharge the duties
of my office according to law: That I will bear true faith and
allegiance to Bangladesh: That I will preserve, protect and defend the
Constitution: And that I will not allow my personal interest to
influence my official conduct or my official decisions."
chanroblesvirtualawlibrary
8. Comptroller and Auditor-General.- An oath (or
Affirmation) in the following form shall be administered by the Chief
Justice- chanroblesvirtualawlibrary
"I,., having been appointed
Comptroller and Auditor-General do solemnly swear (ro affirm) that I
will faithfully discharge the duties of my office according to law:
That I will bear true faith and allegiance to Bangladesh: That I will
preserve, protect and defend the Constitution: And that I will not
allow my personal interest to influence my official conduct or my
official decisions."
9. Member of Public Service Commission.- An oath (or
Affirmation) in the following form shall be administered by the [Chief
Justice]- chanroblesvirtualawlibrary
"I,, having been appointed
Chairman (or Member) of a Public Service Commission do solemnly swear
(or Affirm) that I will faithfully discharge the duties of my office
according to law: That I will bear true faith and allegiance to
Bangladesh: That I will preserve, protect and defend the Commission:
And That I will not allow my personal interest to influence my official
conduct or my official decisions."
FOURTH SCHEDULE
Article 150
TRANSITIONAL AND TEMPORARY PROVISIONS chanroblesvirtualawlibrary
1. Dissolution of Constituent Assembly. chanroblesvirtualawlibrary
Upon the commencement of this Constitution, the
Constitution Assembly, having discharged its responsiblility of framing
a Constitution for the Republic, shall stand
dissolved. chanroblesvirtualawlibrary
2. First elections. chanroblesvirtualawlibrary
(1) The First general election of members of
Parliament shall be held as soon as possible after the commencement of
this Constitution and for this purpose the electional rolls prepared
under the Bangladesh Electoral Rolls, order 1972 (P.O. No. 104 of 1972)
shall be deemed to be the electoral rolls prepared in accordance with
article 119.
(2) For the purpose of the first general election of members of
Parliament, the delimitation of constituences made for the purpose of
elections to constitute the erstwhile Provincial Assembly, and
published in 1970, shall be deemed to be made under article 119, and
the Election Commission shall, after incorporating such changes, as it
may consider necessary, in the nomenclature of any constituency or any
subdivision of than a included therein, publish, by public
notification, the list of such constituencies:cralaw:red
Provided, that provision may be made by law to give effect to the
provision relating to seats women members referred to in clause (3) of
articles 65. chanroblesvirtualawlibrary
3. Provisions for maintaining continuity and interim arrangements. chanroblesvirtualawlibrary
(1) All laws made or purported to having been made
in the period between the 26th day of March, 1971 and the commencement
of this Constitution, all powers exercised and all things done during
that period, under authority derived or purported to have been derived
from the Proclamation of Independence or any law, are hereby ratified
and confirmed and are declared to have been duly made, exercised and
done according to law.
(2) Until the day upon which Parliament first meets pursuant to the
provisions of this Constitution, the executive and legislative powers
of the Republic (including the power of the President, on the advice of
the Prime Minister, to legislate by order) shall notwithstanding the
repeal of the Provisional Constitution of Bangladesh Order, 1972, be
exercised in all respects in the manner in which, immediately before
the commencement of the Constitution, they have been exercised.
(3) Any provision of this Constitution enabling or requiring Parliament
to legislate shall, until the day upon which Parliament first meets as
aforesaid, be construed as enabling the President of legislate by
order, and any order made under this paragraph shall have effect as if
the provisions thereof had been enacted by
Parliament. chanroblesvirtualawlibrary
3A. Validation of certain Proclamations, etc.
(1) The Proclamations of the 20th August, 1975, and
8th November, 1975, and Third Proclamation of the 29th November, 1976,
and all other Proclamations and Orders amending or supplementing them,
hereinafter in this paragraph collectively referred to as the said
Proclamations and all Martial Law Regulations, Martial Law Orders and
all other laws made during the period between the 15th day of August,
1975 and the date of revocation of the said Proclamations and
withdrawal of Martial Law (both days inclusive), hereinafter in this
paragraph referred to as the said period, shall be deemed to have been
validly made and shall not be called in question in or before any Court
or Tribunal on any ground whatsoever.
(2) All orders made, act and things done, and actions and proceedings
taken, or purported to have been made, done or taken, by the President
or the Chief Martial Law Administrator or by any other person or
authority during the said period, in exercise or purported exercise of
the powers derived from any of the said Proclamations or any Martial
Law Regulation or Martial Law Order or any other law, or in execution
of or in compliance with any order made or sentence passed by any Court
or authority in the exercise or purported exercise of such powers,
shall be deemed to have been validly made, done or taken and shall not
be called in question in or before any Court, or Tribunal on any ground
whatsoever.
(3) No suit, prosecution or other legal proceding shall lie in any
Court or Tribunal against any person or authority for or on account of
or in respect of any order made, act or thing done, or action or
proceeding taken whether in the exercise or purported exercise of the
powers referred to in sub-paragraph (2) or in execution of or in
compliance with orders made or sentences passed in exercise or
purported exercise of such powers.
(4) All amendments, additions, modifications, substitutions and
omissions made in this Constitution by the said Proclamations shall
have effect as if such amendments, additions, modifications,
substitutions and omissions were made in accordance with, and in
compliance with the requirements of this Constitution.
(5) Upon the revocation of the said Proclamations and the withdrawal of
Martial Law this Constitution shall, subject to amendments, additions,
modifications, substitutions and omissions as aforesaid, have effect
and operate as if it had been in continuous operation.
(6) The revocation of the said Proclamations and the withdrawal of
Martial Law shall not review or restore any right or privilege which
was not existing at the time of such revocation and withdrawal.
(7) All laws in force immediately before the revocation of the said
Proclamations and withdrawal of Martial Law shall, subject to the
Proclamation revoking the said Proclamationa an withdrawing the Martial
Law, continue in force until altered, amended or repealed by the
competent authority.
(8) The General Clauses Act, 1897, shall apply to the said
Proclamations and the Martial Law Regulations and Martial Law Orders
made during the said period and also to the revocation of the said
Proclamations and the withdrawal of Martial Law and the repeal of the
said Martial Law Regulations and Martial Law Orders as it applies to,
and to the repeal of, an Act of Parliament as if the said Proclamations
and the Proclamation revoking them and withdrawing the Martial Law and
the Marital Law Regulations and Martial Law Orders were all Acts of
Parliament.
(9) In the event of any conflit, contradiction, discrepancy or
inconsistency between the Bengali and the English text of the
Constitution, in so far as it relates to any amendment, addition,
modification, substitution or omission made in any of the texts or in
both the texts by the said Proclamations, the English text shall
prevail.
(10) In this paragraph, 'law' includes Ordinances, rules, regulations,
bye-law, orders, notifications and other instruments having the force
of law.]] chanroblesvirtualawlibrary
4. President. chanroblesvirtualawlibrary
(1) The person holding office as President of
Bangladesh immediately before the commencement of this Constitution
shall hold office as President, as if elected to that office under this
Constitution, until a person elected as President under article 48
enters upon office:cralaw:red
Provided, that the holding of office under this paragraph shall not be
taken into account for the purposes of clause (2) of article 50.
(2) The persons holding office as Speaker and Deputy Speaker of the
Constitutent Assembly immediately before the commencement of this
Constitution shall, notwithstanding that Parliament has not yet been
constituted, be deemed to hold office respectively as Speaker and
Deputy Speaker until an election to each of those offices is made under
clause (1) of article 74: chanroblesvirtualawlibrary
5. Prime Minister and other Ministers. chanroblesvirtualawlibrary
The person holding office as Prime Minister,
immediately before the date of the commencement of this Constitution
shall until his successor appointed under article 56 after the first
general election held under this Constitution enters upon office, hold
office as Prime Minister as if appointed to that office under this
Constitution, and the persons holding office as Ministers immediately
before that date shall continue to hold office as Ministers until the
Prime Minister otherwise directs, and nothing in article 56 shall
prevent the appointment of other Ministers on the advice of the Prime
Minister. chanroblesvirtualawlibrary
6. Judiciary. chanroblesvirtualawlibrary
(1) The person holding office as Chief Justice
immediately before the date of the Commencement of this Constitution
and every person who then held office as judge of the High Court
constituted by the Provisional Constitution of Bangladesh Order, 1972,
shall as from that date hold office as if appointed under article 95 as
Chief Justice or, as the case may be, as judge.
(2) The persons (other than the Chief Justice) holding office as judges
pursuant to sub-paragraph (1) of this paragraph shall at the
commencement of this Constitution be deemed to have been appointed to
the High Court Division, and appointments to the Appellate Division
shall be made in accordance with article 94.
(3) All legal proceedings pending in the High Court immediately before
the commencement of this Constitution (other than those referred to in
sub-parapraph (4) of this paragraph) shall be transferred to and be
deemed to be pending before the High Court Division for determination,
and any judgement or order of the High Court delivered or made before
the commencement of this Constitution shall have the same force and
effect as if it had been delivered or made by the High Court Division.
(4) All legal proceedings pending before the Appellate Division of the
High Court immediately before the commencement of this Constitution
shall be transferred to the Appellate Division for determination and
any judgment or order of the former division delivered or made before
the commencement of this Constitution shall have the same force and
effect as if it had been delivered or made by the Appellate Division.
(5) Subject to the provisions of this Constitution and of any other
law- (a) all original, appellate and other jurisdiction which was
vested in the High Court constituted by the Provisional Constitution of
Bangladesh Order, 1972 (other than jurisdiction vested in the Appellate
Division of that Court) shall from the commencement of this
constitution, vest in an be exercised by the High Court Division; (b)
all civil, criminal and revenue courts and tribunals exercising
jurisdiction and functions immediately before the commencement of this
Constitution shall continue to exercise their respective jurisdictions
and functions, and all persons holding office in such courts and
tribunals shall continue to hold their respective offices. (6) The
Provisions of Chapter II of Part VI (which relate to subordinate
courts) shall be implemented as soon as is practicable, and until such
implementation the matters provided for in that Chapter shall (subject
to any the provision made by law) be regulated in the manner in which
they were regulated immediately before the commencement of this
Constitution.
(7) Nothing in this paragraph shall after the operation of any existing
law relating to the abatement of proceedings. chanroblesvirtualawlibrary
6A. Provisions as to existing Judges and pending proceedings. chanroblesvirtualawlibrary
(1) The person holding office of Chief Justice of
Bangladesh immediately before the commencement of the Second
Proclamation (Seventh Amendment) Order, 1976 (hereinafter referred to
as the said Order), and every person who then held office as Judge or
Additional Judge of the Appellate Division of the Supreme Court shall
as from such commencement hold office as Chief Justice, Judge or
Additional Judge of the Supreme Court, as the case may be on the same
terms and conditions as to remuneration and other privileges as were
applicable to him immediately before such commencement.
(2) A person holding office as Judge or Additional Judge of the High
Court Division of the Supreme Court immediately before the commencement
of the said Order shall as from such commencement hold office as Judge
or Additional Judge of the High Court as the case may be, on the same
terms and conditions as the remuneration and other privileges as were
applicable to him immediately before such commencement.
(3) All legal proceedings pending before the Appellate Division of the
Supreme Court immediately before the commencement of the said Order
shall on such commencement stand transferred to and be denied to be
pending before, the Supreme Court for determination; and any judgment,
or order of the Appellate Division of the Supreme Court delivered or
made before such commencement shall have the same force and effect as
if it had been delivered or made by the Supreme Court.
(4) All legal proceedings pending before the High Court Division of the
Supreme Court immediately before the commencement of the said Order
shall on such commencement stand transferred to, and be deemed to be
pending before, the Supreme court for determination; and any judgement
or order of the High Court Division delivered or made before such
commencement shall have the same force and effect as if had been
delivered or made by the High Court.
(5) Subject to the other provisions of this Constitution, the Supreme
Court shall have the same functions, jurisdiction and powers as were,
immediately before the commencement of the said Order, exercisable by
the Appellate Division of the Supreme Court, and references in any law,
legal instrument or other documents to the Appellate Division of the
Supreme Court shall, unless the context otherwise requires, be
construed as references to the Supreme Court.
(6) Subject to the other provisions of this Constitution, the High
Court shall have the same functions, jurisdiction and powers as were,
immediately before the commencement of the said Order, exercisable by
the High Court Division of the Supreme Court, and references in any
law, legal instrument or other document to the High Court Division of
the Supreme Court shall, unless the context otherwise requires, be
construed as references to the High Court.
6B. Provisions as to Judges of the Supreme Court and High Court existing
before the Second Proclamation Order No. 1 of 1977 proceedings pending
before commencement of that Order, etc.-
(1) A person holding office as Chief Justice or
Judge or Additional Judge of the Supreme Court of Chief Justice or
Judge or Additional Judge of the High Court immediately before the
Commencement of the Second Proclamation (Tenth Amendment) Order, 1977
(hereinafter referred to as the said Order), shall , if he has attained
the age of sixty-two years on the date of such commencement, stand
retired on that date.
(2) A person holding office as Chief Justice or Judge or Additional
Judge of the Supreme Court immediately before the commencement of the
said Order shall, if he has not attained the age of sixty-two years on
the date of such commencement, as from such commencement hold office as
Chief Justice of Bangladesh or Judge or Additional Judge of the
Appellate Division as the case may be, on the same terms and conditions
as to remuneration and other privileges as were applicable to him
immediately before such commencement.
(3) The person holding office as Chief Justice of the High Court
immediately before the commencement of the said Order shall, if he has
not attained the age of sixty-two years on the date of such
commencement, as from such commencement hold office as Judge of the
High Court Division on the same terms and conditions as to remuneration
and other privileges as were applicable to him immediately before such
commencement.
(4) A person holding office as Judge or Additional Judge of the High
Court immediately before the commencement of the said Order shall, if
he has not attained the age of sixty-two years on the date of such
commencement, as from such commencement hold office as Judge or
Additional Judge of the High Court Division, as the case may be, on the
same terms and conditions as to remuneration and other privileges as
were applicable to him immediately before such commencement.
(5) All legal proceedings pending before the Supreme Court immediately
before the commencement of the said Order shall on such commencement
stand transferred to, and be deemed to be pending before, the Appellate
Division for determination; and any judgment or order of the Supreme
Court delivered or made before such commencement shall have the same
force and effect as if it had been delivered or made by the Appellate
Division.
(6) All legal proceedings pending before the High Court immediately
before the commencement of the said Order shall on such commencement
stand transferred to, and be deemed to be pending before, the High
Court Division for determination; and any judgment or order of the High
Court delivered or made before such commencement shall have the same
force and effect as if it had been delivered or made by the High Court
Division.
(7) Subject to the other provisions of this Constitution, the Appellate
Division shall have the same functions, jurisdiction and powers as
were, immediately before the commencement of the said Order,
exercisable by the Supreme Court, and references in any law, legal
instrument or other document to the Supreme Court shall, unless the
context otherwise requires, be construed as references to the Appellate
Division.
(8) Subject to the other provisions of this Constitution, the High
Court Division shall have the same functions, jurisdiction and powers
as were, immediately before the commencement of this said Order,
exercisable by the High Court, and references in any law, legal
instrument or other document to the High Court shall, unless the
context otherwise requires, be construed as references to the High
Court Division.
(9) The person holding office as Advocate-General immediately before
the commencement of the said Order shall on such commencement cease to
hold office.] chanroblesvirtualawlibrary
7. Interim rights of appeal. chanroblesvirtualawlibrary
An Appeal to the Appellate Division of the Supreme
Court shall lie, notwithstanding any limitation as to time, against any
judgment, decree, order or sentence delivered, issued or pronounced
since the 1st day of March, 1971 by any High Court of Bangladesh
(Amendment) Order, 1972 (P.O. No. 91 of 1972 functioning in the
territory of Bangladesh:cralaw:red
Provided, that article 103 shall apply in respect of any such appeal as
it applies in respect of appeals from the High Court Division:cralaw:red
Provided, further that no appeal under this article shall be lodged
after the expiration of the period of ninety days from the commencement
of this Constitution. chanroblesvirtualawlibrary
8. Election Commission. chanroblesvirtualawlibrary
(1) The Election Commission existing immediately
before the date of commencement of this Constitution, shall, as from
that date be deemed to be the Election Commission established by this
Constitution.
(2) The person holding office as Chief Election Commissioner, and every
person holding office as Election Commissioner, immediately before the
date of the commencement of this Constitution, shall, as from that
date, hold office as if appointed to such office under this
Constitution. chanroblesvirtualawlibrary
9. Public Service Commission. chanroblesvirtualawlibrary
(1) The public service commissions existing
immediately before the date of the commencement of this Constitution,
shall as from that date, be deemed to be public service commissions
established under this Constitution.
(2) Every person holding office as chairman or other member of a public
service commission immediately before the date of the commencement of
this Constitution, shall, as from that date hold office as if appointed
to that office under Constitution. chanroblesvirtualawlibrary
10. Public service. chanroblesvirtualawlibrary
(1) Subject to this Constitution and to any other law-
(a) any person who immediately before the commencement of this
Constitution was in the service of the Republic shall continue in that
service on the same terms and conditions as were applicable to him
immediately before such commencement;
(b) all authorities and all officers, judicial, executive and
ministerial throughout Bangladesh exercising functions immediately
before the commencement of this Constitution, shall, as from such
commencement, continue to exercise their respective functions.
(2) Nothing in sub-paragraph (1) of this paragraph shall-
(a) derogate from the continued operation of the Government of
Bangladesh (Services) Order, 1972 (P.O. No. 9 of 1972), or the
Government of Bangladesh (Services Screening) Order, 1972 (P.O. No. 67
of 1972);
(b) prevent the making of any law varying or revoking the conditions of
service (including remuneration, leave, person rights and rights
relating to disciplinary matters) of persons employed at any time
before the commencement of this Constitution or of person continuing in
the service of the Republic under the provisions of the
paragraph.
11. Oaths for continuance in office. chanroblesvirtualawlibrary
Any person who, under this Schedule, is continued in
an office in respect of which a form of oath or affirmation is set out
in the Third Schedule shall, as soon as practicable after the
commencement of this Constitution, make and subscribe before the
appropriate person an oath or affirmation in that form.
13. Taxation. chanroblesvirtualawlibrary
All taxes and fees imposed under any law in force in
Bangladesh immediately before the commencement of this Constitution
shall continue to be imposed but may be varied or abolished by
law. chanroblesvirtualawlibrary
14. Interim financial arrangements. chanroblesvirtualawlibrary
Unless Parliament otherwise resolves, the Provisions
of articles 87, 89, 90 and 91 of this Constitution shall not have
effect in respect of the financial year current at the commencement of
this Constitution, and expenditure defrayed during that year out of the
Consolidated Fund or the Public Account of the Republic shall be deemed
to have been validly incurred:cralaw:red
Provided, that the President shall, as soon as is practicable, cause a
statement of all such expenditure, authenticated by his signature, to
be laid before Parliament. chanroblesvirtualawlibrary
15. Audit of past accounts. chanroblesvirtualawlibrary
The powers of the Comptroller and Auditor-General
under this Constitution shall apply in respect of all accounts relating
to the financial year current at the commencement of this condition and
to earlier years and the reports of the Comptroller and Auditor-General
relating to such accounts shall be submitted to the President who shall
cause them to be laid before Parliament. Audit of Past
Accounts. chanroblesvirtualawlibrary
16. Property, assets, rights, liabilities and obligations of the Government. chanroblesvirtualawlibrary
(1) All property, assets and rights which
immediately before the commencement of this Constitution were vested in
the Government of the People's Republic of Bangladesh or any person or
authority on its behalf shall vest in the Republic.
(2) All liabilities and obligations of the Government of the Republic
as they existed immediately before the commencement of this
Constitution shall continue to be the liabilities and obligations of
the Republic.
(3) No liability or obligation of any other government which at any
time functioned in the territory of Bangladesh is or shall be a
liability or obligation of the Republic unless it is expressly accepted
by the Government of the Republic. chanroblesvirtualawlibrary
17. Adaptation of laws and removal of difficulties. chanroblesvirtualawlibrary
(1) For the purpose of bringing the provisions of
any law in force in Bangladesh into conformity with this Constitution
the President may, within the period of two years from the commencement
of this Constitution, by order, amend or suspend the operation of such
provisions and any order so made may have retrospective effect.
Adaptation of laws and removal of difficulties.
(2) The President may, for the purpose of removing any difficulties in
relation to the transition from the provisional constitutional
arrangements existing before the commencement of this Constitution to
the arrangements under this Constitution by order, direct that this
Constitution shall, during such period as may be specified in the
order, have effect subject to such adaptations, whether by way of
modification, addition or omission, as he may deem necessary or
expedient:cralaw:red
Provided, that no such order shall be made after the first meeting of the Parliament constituted under this Constitution.
(3) Every order made under this paragraph shall have effect
notwithstanding any other provision of this Constitution, shall be laid
before Parliament, and may be amended or revoked by Act of
Parliament. chanroblesvirtualawlibrary
18. Ratification and confirmation of Proclamations, etc. chanroblesvirtualawlibrary
All Proclamations, Proclamation Orders, Marital Law
Regulations, Martial Law Orders and other laws made during the period
between the 15th August, 1975, and the 9th April, 1979 (both days
inclusive), all amendments, additions, modifications, substitutions and
omissions made in this Constitution during the said period by any such
Proclamation, all orders made, acts and things done, and actions and
proceedings taken, or purported to have been made, done or taken, by
any person or authority during the said period in exercise of the
powers derived or purported to have been derived from any such
Proclamation, Martial Law Regulation, Marital Law Order or any other
law, or in execution of or in compliance with any order made or
sentence passed by any court, tribunal or authority in the exercise or
purported exercise of such powers, are hereby ratified and confirmed
and are declared to have been validly made, done or taken and shall not
be called in question in or before any court, tribunal or authority on
any ground whatsoever. chanroblesvirtualawlibrary
19. Ratification and confirmation of the Proclamation of the 24th March, 1982, etc. chanroblesvirtualawlibrary
(1) The Proclamation of the 24th March, 1982
hereinafter in this paragraph referred to as the said Proclamation, and
all other Proclamations, Procal-mation Order, Chief Marital Law
Administrator's Orders, Martial Law Regulations, Martial Law Orders,
Martial Law Instructions, Ordinances and all other laws made during the
period between the 24th March, 1982, and the date of commencement of
the Constitution (Seventh Amendment) Act, 1986 (Act 1 of 1986) (both
days inclusive), hereinafter in this paragraph referred to as the said
period, are hereby retified and confirmed and declared to have been
validly made and shall not be called in question in or before any
court, tribunal or authority on any ground whatsoever.
(2) All orders made, acts and things done, and actions and proceedings
taken, or purported to have been made, done or taken, by the President
or the Chief Martial Law Administrator or by any other person or
authority during the said period, in exercise or purported exercise of
the powers derived from the said Proclamation or from any other
Proclamation, Proclamation Order, Chief martial Law Administrator's
Order, Martial Law Regulation, Martial Law Order, Martial Law
Instruction, Ordinance or any other Law, or in execution of or in
compliance with any order made or sentence passed by any court,
tribunal or authority in the exercise or purported exercise of such
powers, shall be deemed to have been validly made, done or taken and
shall not be called in question in or before any court, tribunal or
authority on any ground whatsoever.
(3) No suit, prosecution or other legal proceedings shall lie in any
court or tribunal against any person or authority for or on account of
or in respect of any order made, act or thing done, or action or
proceedings taken whether in the exercise or purported exercise of the
powers referred to in sub-paragraph (2) or in exercise or purported
exercise or such powers.
(4) All appointments made during the said period to any office
mentioned in the Third Schedule shall be deemed to have been validly
made and shall not be called in question in or before any court,
tribunal or authority on any ground whatsoever, and any person
appointed under this said Proclamation to any such office during the
said period and holding such office immediately before the date of
commencement of the Constitution (Seventh Amendment) Act, 1986 (Act I
of 1986), hereinafter in this paragraph referred to as the said Act
shall, as from that date hold such office as if appointed to that
office under this Constitution; and shall, as soon as practicable after
that date, make and subscribe before the appropriate person and oath or
affirmation in the form set out in the Third Schedule.
(5) All appointments made by the Chief Martial law Administrator during
the said period to any office or post which is continuing after the
date of commencement of the said Act shall, as from that date, be
deemed to be appointments made by the President.
(6) All Ordinances and other laws in force immediately before the date
of commencement of the said Act shall, subject to the Proclamation
revoking the said Proclamation and withdrawing the Martial Law,
continue in force until altered, amended or repealed by competent
authority.
(7) Upon the revocation of the said Proclamation and withdrawal of
martial Law, this Constitution shall stand fully revived and restored
and shall, subject to the provisions of this paragraph, have effect and
operate as if it had never been suspended.
(8) The revocation of the said Proclamation and withdrawal of Martial
Law shall not revive or restore any right or privilege which was not
existing at the time of such revocation and withdrawal.
(9) The General Clauses Act, 1987, shall apply to the said
Proclamation, and all other Proclamations, Proclamation Orders, Chief
Martial Law Administrator's Orders, Martial Law Regulations, Martial
Law orders and Martial Law instructions made during the said period and
also to the revocation of the said Proclamation and other Proclamations
and the repeal of the said Proclamation Orders, Chief Martial Law
Administrator's Order, Martial Law Regulations, Martial Law Orders and
Martial Law Instructions as it applies to, and to the repeal of, an Act
of Parliamation Orders, Chief Martial Law Administrator's Orders,
Martial Law Regulations, Martial Law Orders and Martial Law
Instructions and the Proclamation revoking the said Proclamation were
all Acts of Parliament.
(10) In this paragraph, "law" includes rules, regulations, bye-laws,
orders, notifications and other instruments having the force of law]
21. Ratification and confirmation of the appointment of Vice-President, etc. chanroblesvirtualawlibrary
(1) The appointment of, and the administration of
oath to the Chief Justice of Bangladesh as Vice-President on the 21st
day of Agrahayan, 1397 B.S. corresponding to the 6th day of December,
1990 and the resignation tendered to him by the then President and all
powers exercised, all laws and Ordinances made and all orders made,
acts and things done, and actions taken, or purported to have been
made, done or taken by the said Vice-President acting as President
during the period between the 21st day of Agrahayan, 1397 B.S.
corresponding to the 6th day of December, 1990 and the date of
commencement of the Constitution (Eleventh Amendment) Act, 1991 (Act
No. XXIV of 1991) (both days inclusive) or till the new President
elected under article 48(I) of the Constitution has entered upon his
office (whichever is later), are hereby ratified and connfirmed and
declared to have been validly made, administered, tendered, exercised,
done and taken according to law.
(2) The said Vice-President shall, after the commencement of the
Constitution (Eleventh Amendment) Act, 1991 (Act No. XXIV of 1991), and
after the new President elected under this Constitution has entered
upon his office, be eligible to resume the duties and responsibilities
of the Chief Justice of Bangladesh and the period between the 21st day
of Agrahayan, 1397 B.S. corresponding to the 6th day of December, 1990
and the date of which he resumes such duties and responsibilities shall
be deemed to be the period of actual service within the meaning of
section 2(a) of the Supreme Court Judges (Leave, Pension and
Privileges) Ordinance, 1982 (Ordinance No. XX of
1982)]. chanroblesvirtualawlibrary
22. Notwithstanding anything contained in the Constitution, the Parliament
functioning immediately before the commencement of the Constitution
functioning immediately before the commencement of the Constitution
(Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991) shall be deemed
to have been duly elected and constituted in accordance with the
Constitution and Law and shall continue to function under the
provisions of article 72 of the Constitution.
23. Temporary special provision regarding women members in the Parliament. chanroblesvirtualawlibrary
(1) For the residual period of the Parliament in
existence at the time of the commencement of the Constitution
(Fourteenth Amendment) Act, 2004, there shall be reserved forty five
seats exclusively for women members and they will be elected by the
members of the Parliament in accordance with law on the basis of
procedure of proportional representation in the Parliament through
single transferable vote.
(2) During the period mentioned in sub-paragraph (1), the Parliament
shall consist of the three hundred members mentioned in clause (2) of
article 65 and the forty five women members mentioned in sub-paragraph
(1) of this paragraph.
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