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PART 1
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 comprise¾
(a) the territories which immediately before the
proclamation of independence on the 26th day of March, 1971 constituted East
Pakistan and the territories referred to as included territories in the
Constitution (Third Amendment) Act, 1974, but excluding the territories
referred to as excluded territories in that Act ; and
(b) such other territories as may become included in
Bangladesh.
2A. The state religion.- The state religion of the Republic is
Islam, but other religions may be practised in peace and harmony in the
Republic.
3. The state language.- The state language of the Republic is
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 (nymphoea-nouchali)
resting on water, having on each side an ear of paddy and being surmounted by
three connected leaves of jute with two stars on each side of the leaves.
(4) Subject
to the foregoing clauses, provisions relating to the national anthem,
flag and emblem shall be made by law.
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 that other law shall, to the extent of
the inconsistency, be void.
PART - II
FUNDAMENTAL PRINCIPLES OF STATE
POLICY
8. Fundamental principles.- (1) The principles of
absolute trust and faith in the Almighty Allah, nationalism, democracy and
socialism meaning economic and social justice, together with the principles
derived from them as set out in this Part, shall constitute the fundamental
principles of state policy.
(1A) Absolute trust and faith in the Almighty Allah shall be the basis of all
actions.
(2) The principles set out in this Part shall be fundamental to the governance
of Bangladesh, shall be applied by the State in the making of laws, shall be a
guide to the interpretation of the Constitution and of the other laws of
Bangladesh, and shall form the basis of the work of the State and of its
citizens, but shall not be judicially enforceable.
9. Promotion of local Government institutions.- The
State shall encourage local Government institutions composed of representatives
of the areas concerned and in such institutions special representation shall be
given, as far as possible, to peasants, workers and women.
10. Participation of women in national life.-
Steps shall be taken to ensure participation of women in all spheres of
national life.
11. Democracy and human rights.- The Republic
shall be a democracy in which fundamental human rights and freedoms and respect
for the dignity and worth of the human person shall be guaranteed, and in which
effective participation by the people through their elected representatives in
administration at all levels shall be ensured.
13. Principles of ownership.- The people shall own
or control the instruments and means of production and distribution, and with
this end in view ownership shall assume the following forms-
(a) state ownership, that is ownership by
the State on behalf of the people through the creation of an efficient and
dynamic nationalised public sector embracing the key sectors of the economy ;
(b) co-operative ownership, that is
ownership by co-operatives on behalf of their members within such limits as may
be prescribed by law ; and
(c) private ownership, that is ownership
by individuals within such limits as may be prescribed by law.
14. Emancipation of peasants and workers.- It
shall be a fundamental responsibility of the State to emancipate the toiling
masses-the peasants
and workers-and backward
sections of the people from all forms of exploitation.
15. Provision of basic necessities.- It shall be a
fundamental responsibility of the State to attain, through planned economic
growth, a constant increase of productive forces and a steady improvement in
the material and cultural standard of living of the people, with a view to
securing to its citizens-
(a) the provision of the basic necessities
of life, including food, clothing, shelter, education and medical care ;
(b) the right to work, that is the right
to guaranteed employment at a reasonable wage having regard to the quantity and
quality of work ;
(c) the right to reasonable rest,
recreation and leisure ; and
(d) the right to social security, that is
to say, to public assistance in cases of undeserved want arising from
unemployment, illness or disablement, or suffered by widows or orphans or in
old age, or in other such cases.
16. Rural development and agricultural revolution.-
The State shall adopt effective measures to bring about a radical
transformation in the rural areas through the promotion of an 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 rural areas.
17. Free and compulsory education.- The
State shall adopt effective measures for the purpose of-
(a) establishing a uniform, mass-oriented
and universal system of education and extending free and compulsory
education to all children to such stage as may be determined by law ;
(b) relating education to the needs of
society and producing properly trained and motivated citizens to serve those
needs ;
(c) removing illiteracy within such time
as may be determined by law.
18.
Public health and morality.- (1) The State shall
regard the raising of the level of nutrition and the improvement of public
health as among 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 of drugs which are injurious to health.
(2) The State shall adopt effective measures to prevent prostitution and
gambling.
19. Equality of opportunity.- (1) The State shall
endeavour to ensure equality of opportunity to all citizens.
(2) The State shall adopt effective measures to remove social and
economic inequality between man and man and to ensure the equitable
distribution of wealth among citizens, and of opportunities in order to attain
a uniform level of economic development throughout the Republic.
20. Work as a right and duty.- (1) Work is a
right, a duty and a matter of honour for every citizen who is capable of
working, and everyone shall be paid for his work on the basis of the principle
"from each according to his abilities, to each according to his
work".
(2) The State shall endeavour to create conditions in which, as a general
principle, persons shall not be able to enjoy unearned incomes, and in which
human labour in every form, intellectual and physical, shall become a fuller
expression of creative endeavour and of the human personality.
21. Duties of citizens and of public servants.-
(1) It is the duty of every citizen to observe the Constitution and the
laws, to maintain discipline, to perform public duties and to protect
public property.
(2) Every person in the service of the Republic has a duty to strive at all
times to serve the people.
22. Separation of Judiciary from the executive.-
The State shall ensure the separation of the judiciary from the executive
organs of the State.
23. National culture.- The State shall adopt
measures to conserve the cultural traditions and heritage of the people, and so
to foster and improve the national language, literature and the arts that all
sections of the people are afforded the opportunity to contribute towards and
to participate in the enrichment of the national culture.
24. National monuments, etc.- The State shall
adopt measures for the protection against disfigurement, damage or removal of
all monuments, objects or places of special artistic or historic importance or
interest.
25. Promotion of international peace, security and
solidarity. (1) The State shall base its international relations on the
principles of respect for national sovereignty and equality, non-interference
in the internal affairs of other countries, peaceful settlement of
international disputes, and respect for international law and the principles
enunciated in the United Nations Charter, and on the basis of those principles
shall-
(a) strive for the renunciation of the use
of force in international relations and for general and complete disarmament ;
(b) uphold the right of every people
freely to determine and build up its own social, economic and political system
by ways and means of its own free choice ; and
(c) support oppressed peoples throughout
the world waging a just struggle against imperialism, colonialism or racialism.
(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.- All citizens are
equal before law and are entitled to equal protection of law.
28.
Discrimination on grounds of religion, etc.- (1) The State
shall not discriminate against any citizen on grounds only of religion, race,
caste, sex or place of birth.
(2)
Women shall have equal rights with men in all spheres of the State and of
public life.
(3)
No citizen shall, on grounds only of religion, race, caste, sex or place of
birth be subjected to any disability, liability, restriction or condition with
regard to access to any place of public entertainment or resort, or admission
to any educational institution.
(4)
Nothing in this article shall prevent the State from making special provision
in favour of women or children or for the advancement of any backward section
of citizens.
29.
Equality of opportunity in public employment.- (1) There
shall be equality of opportunity for all citizens in respect of employment or
office in the service of the Republic.
(2) No citizen shall, on grounds only of religion, race, caste, sex or place of
birth, be ineligible for, or discriminated against in respect of, any
employment or office in the service of the Republic.
(3) Nothing in
this article shall prevent the State from-
(a) making special provision in favour of
any backward section of citizens for the purpose of securing their adequate
representation in the service of the Republic ;
(b) giving effect to any law which makes
provision for reserving appointments relating to any religious or
denominational institution to persons of that religion or denomination ;
(c) reserving for members of one sex
any class of employment or office on the ground that it is considered by its
nature to be unsuited to members of the opposite sex.
30. Prohibition of foreign titles, etc.- No
citizen shall, without the prior approval of the President, accept any title,
honour, award or decoration from-any foreign state.
31. Right to protection of law.- To enjoy the
protection of the law, and to be treated in accordance with law, and only in
accordance with law, is the inalienable right of every citizen, wherever he may
be, and of every other person for the time being within Bangladesh, and in
particular no action detrimental to the life, liberty, body, reputation or
property of any person shall be taken except in accordance with law.
32. Protection of right to life and personal liberty.-
No person shall be deprived of life or personal liberty save in accordance with
law.
33. Safeguards as to arrest and detention.- (1) No
person who is arrested shall be detained in custody without being informed, as
soon as may be, of the grounds for such arrest, nor shall he be denied the
right to consult and be defended by a legal practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be produced
before the nearest magistrate within a period of twenty-four hours of such
arrest, excluding the time necessary for the journey from the place of arrest
to the court of the magistrate, and no such person shall be detained in custody
beyond the said period without the authority of a magistrate.
(3) Nothing in clauses (1) and (2) shall apply to any person-
(a) who for the time being is an enemy
alien ; or
(b) who is arrested or detained under any
law providing for preventive detention.
(4) No law providing for preventive detention shall authorise the detention of
a person for a period exceeding six months unless an Advisory Board consisting
of three persons, of whom two shall be persons who are, or have been, or are
qualified to be appointed as, Judges of the Supreme Court and the other shall
be a person who is a senior officer in the service of the Republic, has, after
affording him an opportunity of being heard in person, reported before the
expiration of the said period of six months that there is, in its opinion,
sufficient cause for such detention.
(5) When any person is detained in pursuance of an order made under any law
providing for preventive detention, the authority making the order shall, as
soon as may be, communicate to such person the grounds on which the order has
been made, and shall afford him the earliest opportunity of making a
representation against the order :
Provided that the authority making any such order may refuse to disclose facts
which such authority considers to be against the public interest to disclose.
(6) Parliament may by law prescribe the procedure to be followed by an Advisory
Board in an inquiry under clause (4).
34. Prohibition of forced labour.- (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-
(a) by persons undergoing lawful
punishment for a criminal offence ; or
(b) required by any law for public
purposes.
35. Protection in respect of trial and punishment.-
(1) No person shall be convicted of any offence except for violation of a law
in force at the time of the commission of the act charged as an offence, nor be
subjected to a penalty greater than, or different from, that which might have
been inflicted under the law in force at the time of the commission of the
offence.
(2) No person shall be prosecuted and punished for the same offence more than
once.
(3) Every person accused of a criminal offence shall have the right to a speedy
and public trial by an independent and impartial court or tribunal established
by law.
(4) No person accused of any offence shall be compelled to be a witness against
himself.
(5) No person shall be subjected to torture or to cruel, inhuman or degrading
punishment or treatment.
(6) Nothing in clause (3) or clause (5) shall affect the operation of any
existing law which prescribes any punishment or procedure for trial.
36. Freedom of movement.- Subject to any
reasonable restrictions imposed by law in the public interest, every citizen
shall have the right to move freely throughout Bangladesh, to reside and settle
in any place therein and to leave and re-enter Bangladesh.
37. Freedom of assembly.- Every citizen shall have
the right to assemble and to participate in public meetings and processions
peacefully and without arms, subject to any reasonable restrictions imposed by
law in the interests of public order or public health.
38. Freedom of association.- Every citizen shall
have the right to form associations or unions, subject to any reasonable
restrictions imposed by law in the interests of morality or public order :
39. Freedom of thought and conscience, and of speech.-
(1) Freedom of thought and conscience is guaranteed.
(2) Subject to any reasonable restrictions imposed by law in the interests of
the security of the State, friendly relations with foreign states, public
order, decency or morality, or in relation to contempt of court, defamation or
incitement to an offence-
(a) the right of every citizen to freedom
of speech and expression ; and
(b) freedom of the press,
are guaranteed.
40. Freedom of profession or occupation.- Subject
to any restrictions imposed by law, every citizen possessing such
qualifications, if any, as may be prescribed by law in relation to his
profession, occupation, trade or business shall have the right to enter upon
any lawful profession or occupation, and to conduct any lawful trade or
business.
41. Freedom of religion.- (1) Subject to law,
public order and morality-
(a) every citizen has the right to profess,
practise or propagate any religion ;
(b) every religious community or
denomination has the right to establish, maintain and manage its religious
institutions.
(2) No person attending any educational institution shall be required to
receive religious instruction, or to take part in or to attend any religious
ceremony or worship, if that instruction, ceremony or worship relates to a
religion other than his own.
42. Rights to property.- (1) Subject to any restrictions imposed
by law, every citizen shall have the right to acquire, hold, transfer or
otherwise dispose of property, and no property shall be compulsorily acquired,
nationalised or requisitioned save by authority of law.
(2) A law made under clause (1) shall provide
for the acquisition, nationalisation or requisition with compensation and shall
either fix the amount of compensation or specify the principles on which, and
the manner in which, the compensation is to be assessed and paid ; but no such
law shall be called in question in any court on the ground that any provision
in respect of such compensation is not adequate.
(3) Nothing in this article shall affect the operation of any law made
before the commencement of the Proclamations (Amendment) Order, 1977
(Proclamations Order No. I of 1977), in so far as it relates to the
acquisition, nationalisation or acquisition of any property without
compensation.]
43. Protection of home and
correspondence.- Every
citizen shall have the right, subject to any reasonable restrictions imposed by
law in the interests of the security of the State, public order, public
morality or public health-
(a) to be secured in his home against entry, search and
seizure ; and
(b) to the privacy of his correspondence and other means
of communication.
44. Enforcement of fundamental rights.- (1) The right to move
the High Court Division in accordance with clause (1) of article 102, for the
enforcement of the rights conferred by this Part is
guaranteed.
(2) Without prejudice to the powers of the High
Court Division] under article 102, Parliament may by law empower any other
court, within the local limits of its jurisdiction, to exercise all or any of
those powers.
45. Modification
of rights in respect of disciplinary law.- Nothing in this Part shall
apply to any provision of a disciplinary law relating to members of a
disciplined force, being a provision limited to the purpose of ensuring
the proper discharge of their duties or the maintenance of discipline in that
force.
46. Power to provide indemnity.- Notwithstanding anything in the foregoing
provisions of this Part, Parliament may by 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 or order in any area in Bangladesh or validate any
sentence passed, punishment inflicted, forfeiture ordered, or other act
done in any such area.
47. Saving for certain laws.- (1) No law providing for any of the following
matters shall be deemed to be void on the ground that it is inconsistent with,
or takes away or abridges, any of the rights guaranteed by this Part¾
(a)
the compulsory acquisition, nationalisation or
requisition of any property, or the control of management thereof whether
temporarily or permanently ;
(b)
the compulsory amalgamation of bodies carrying on
commercial or other undertakings ;
(c)
the extinction, modification, restriction or
regulation of rights of directors, managers, agents and officers of any such
bodies, or of the voting rights of persons owning shares or stock (in whatever
form) therein ;
(d)
the extinction, modification, restriction or
regulation of rights to search for or win minerals or mineral oil ;
(e) the carrying on by the Government or by a corporation owned, controlled
or managed by the Government, of any trade, business, industry or service to
the exclusion, complete or partial, of other persons ; or
(f)
the extinction, modification, restriction or
regulation of any right to property, any right in respect of profession,
occupation, trade or business or the rights of employers or employees in any
statutory public authority or in any commercial or industrial undertaking ;
if Parliament in such law (including, in the case of existing law, by
amendment) expressly declares that such provision is made to give effect to any
of the fundamental principles of state policy set out in Part II of this
Constitution.
(2) Notwithstanding anything contained in this
Constitution the laws specified in the First Schedule (including any amendment
of any such law) shall continue to have full force and effect, and no provision
of any such law, nor anything done or omitted to be done under the authority of
such law, shall be deemed void or unlawful on the ground of inconsistency with,
or repugnance to, any provision of this Constitution :
Provided that nothing in this
article shall prevent amendment, modification or repeal of any such law.
(3) Notwithstanding anything contained in this
Constitution, no law nor any provision thereof providing for detention,
prosecution or punishment of any person, who is a member of any armed or
defence or auxiliary forces or who is a prisoner of war, for genocide, crimes
against humanity or war crimes and other crimes under international law shall
be deemed void or unlawful, or ever to have become void or unlawful, on the
ground that such law or provision of any such law is inconsistent with, or repugnant
to, any of the provisions of this Constitution.
47A. Inapplicability of certain
articles.- (1) The rights
guaranteed under article 31, clauses (1) and (3) of article 35 and article 44
shall not apply to any person to whom a law specified in clause (3) of article
47 applies.
(2) Notwithstanding anything contained in this
Constitution, no person to whom a law specified in clause (3) of article 47
applies shall have the right to move the Supreme Court for any of the remedies
under this Constitution.
PART – IV
THE EXECUTIVE
48.
The President.- (1) There shall be a President of
Bangladesh who shall be elected by members of Parliament in accordance with
law.
(2) The President
shall, as Head of State, take precedence over all other persons in the State,
and shall exercise the powers and perform the duties conferred and imposed on
him by this Constitution and by any other law.
(3) In the exercise of
all his functions, save only that of appointing the Prime Minister pursuant to
clause (3) of article 56 and the Chief Justice pursuant to clause (1) of
article 95, the President shall act in accordance with the advice of the Prime
Minister :
Provided that the question whether any, and if so what, advice has been
tendered by the Prime Minister to the President shall not be enquired into in
any court.
(4) A person shall not
be qualified for election as President if he-
(a)
is less than thirty-five years of age ; or
(b)
is not qualified for election as a member of
Parliament ; or
(c)
has been removed from the office of President by
impeachment under this Constitution.
(5) The Prime Minister
shall keep the President informed on matters of domestic and foreign policy,
and submit for the consideration of the Cabinet any matter which the President
may request him to refer to it.
49. Prerogative
of mercy.- The President shall have power to grant pardons, reprieves
and respites and to remit, suspend or commute any sentence passed by any court,
tribunal or other authority.
50. Term
of office of President.- (1) Subject to the provisions of this
Constitution, the President shall hold office for a term of five years from the
date on which he enters upon his office :
Provided that notwithstanding the expiration of his term the President shall
continue to hold office until his successor enters upon office.
(2) No person shall hold
office as President for more than two terms, whether or not the terms are
consecutive.
(3) The
President may resign his office by writing under his hand addressed to the
Speaker.
(4) The President during his
term of office shall not be qualified for election as a member of Parliament,
and if a member of Parliament is elected as President he shall vacate his seat
in Parliament on the day on which he enters upon his office as President.
51. President’s
immunity.- (1) Without prejudice to the provisions of article 52, the
President shall not be answerable in any court for anything done or omitted by
him in the exercise or purported exercise of the functions of this office, but
this clause shall not prejudice the right of any person to take proceedings
against the Government.
(2) During his term of office
no criminal proceedings whatsoever shall be instituted or continued against the
President in, and no process for his arrest or imprisonment shall issue from,
any court.
52. Impeachment
of the President.- (1) The President may be impeached on a charge of
violating this Constitution or of grave misconduct, preferred by a notice of
motion signed by a majority of the total number of members of Parliament and
delivered to the Speaker, setting out the particulars of the charge, and the
motion shall not be debated earlier than fourteen nor later than thirty days
after the notice is so delivered ; and the Speaker shall forthwith summon
Parliament if it is not in session.
(2) The conduct of the
President may be referred by Parliament to any court, tribunal or body
appointed or designated by Parliament for the investigation of 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 the votes
of not less than two-thirds of the total number of members declaring that the
charge has been substantiated, the President shall vacate his office on the
date on which the resolution is passed.
(5) Where the Speaker is
exercising the functions of the President under article 54 the provisions of
this article shall apply subject to the modifications that the reference to the
Speaker in clause (1) shall be construed as a reference to the Deputy Speaker,
and that the reference in clause (4) to the vacation by the President of his
office shall be construed as a reference to the vacation by the Speaker of his
office as Speaker ; and on the passing of a resolution such as is referred to
in clause (4) the Speaker shall cease to exercise the functions of President.
53. Removal
of President on ground of incapacity.- (1) The President may be removed
from office on the ground of physical or mental incapacity on a motion of which
notice, signed by a majority of the total number of members of Parliament, is
delivered to the Speaker, setting out particulars of the alleged incapacity.
(2) On receipt of the notice the Speaker shall forthwith summon Parliament if
it is not in session and shall call for a resolution constituting a medical
board (hereinafter in this article called “the Board”), and upon the necessary
motion being made and carried shall forthwith cause a copy of the notice to be
transmitted to the President together with a request signed by the Speaker that
the President submit himself within a period of ten days from the date of the
request to an examination by the Board.
(3) The motion for removal shall not be put to the vote earlier than fourteen
nor later than thirty days after notice of the motion is delivered to the
Speaker, and if it is again necessary to summon Parliament in order to enable
the motion to be made within that period, the Speaker shall summon Parliament.
(4) The President shall have
the right to appear and to be represented during the consideration of the
motion.
(5) If the President has not
submitted himself to an examination by the Board before the motion is made in
Parliament, the motion may be put to the vote, and if it is passed by the votes
of not less than two-thirds of the total number of members of Parliament, the
President shall vacate his office on the date on which the motion is passed.
(6) If before the motion for
removal is made in Parliament, the President has submitted himself to an
examination by the Board, the motion shall not be put to the vote until the
Board has been given an opportunity of reporting its opinion to Parliament.
(7) If after consideration by
Parliament of the motion and of the report of the Board (which shall be
submitted within seven days of the examination held pursuant to clause (2) and
if not so submitted shall be dispensed with) the motion is passed by the votes
of not less than two-thirds of the total number of members of Parliament, the
President shall vacate his office on the date on which the resolution is
passed.
54. Speaker
to act as President during absence, etc.- If a vacancy occurs in the
office of President or if the President is unable to discharge the functions of
his office on account of absence, illness or any other cause the Speaker shall
discharge those functions until a President is elected or until the President
resumes the functions of his office, as the case may be.
CHAPTER II¾THE PRIME MINISTER AND THE CABINET
55. The
Cabinet.- (1) There shall be a Cabinet for Bangladesh having the Prime
Minister at its head and comprising also such other Ministers as the Prime
Minister may from time to time designate.
(2) The executive power of the Republic shall, in accordance with this
Constitution, be exercised by or on the authority of the Prime Minister.
(3) The Cabinet shall be collectively responsible to Parliament.
(4) All executive actions of the Government shall be expressed to be taken in
the name of the President.
(5) The President shall by rules specify the manner in which orders and other
instruments made in his name shall be attested or authenticated, and the
validity of any order of instrument so attested or authenticated shall not be
questioned in any court on the ground that it was not duly made or executed.
(6) The President shall make rules for the allocation and transaction of the
business of the Government.
56. Ministers.-
(1) There shall be a Prime Minister, and such other Ministers,
Ministers of State and Deputy Ministers as may be determined by the Prime
Minister.
(2) The appointments of the
Prime Minister and other Ministers and of the Ministers of State and Deputy
Ministers, shall be made by the President :
Provided that not less than nine-tenths of their number shall be appointed from
among members of Parliament and not more than one-tenth of their number may be
chosen from among persons qualified for election as members of Parliament.
(3) The President shall
appoint as Prime Minister the member of Parliament who appears to him to
command the support of the majority of the members of Parliament.
(4) If occasion arises for
making any appointment under clause (2) or clause (3) between a dissolution of
Parliament and the next following general election of members of Parliament,
the persons who were such members immediately before the dissolution shall be
regarded for the purpose of this clause as continuing to be such members.
57. Tenure of office of Prime Minister. (1) The office of
the Prime Minister shall become vacant-
(a) if he resigns from office at any time by placing his resignation in the
hands of the President ; or
(b)
if he ceases to be a member of Parliament.
(2) If the Prime Minister
ceases to retain the support of a majority of the members of Parliament, he
shall either resign his office or advise the President in writing to dissolve
Parliament, and if he so advises the President shall, if he is satisfied that
no other member of Parliament commands the support of the majority of the
members of Parliament, dissolve Parliament accordingly.
(3) Nothing in this article
shall disqualify Prime Minister for holding office until his successor has
entered upon office.
58. Tenure
of office.- (1) The office of a Minister other than the Prime Minister
shall become vacant-
(a) if he resigns from office by placing his resignation in the hands of the
Prime Minister for submission to the President ;
(b)
if he ceases to be a member of Parliament, but this shall
not be applicable to a Minister chosen under the proviso to article 56(2) ;
(c)
if the President, pursuant to the provisions of
clause (2), so directs ; or
(d)
as provided in clause (4).
(2) The Prime Minister may at
any time request a Minister to resign, and if such Minister fails to comply
with the request, may advise the President to terminate the appointment of such
Minister.
(3) Nothing in sub-clauses
(a), (b) and (d) of clause (1) shall disqualify a Minister for holding office
during any period in which Parliament stands dissolved.
(4) If the Prime Minister
resigns from or ceases to hold office each of the other Ministers shall be
deemed also to have resigned from office but shall, subject to the provisions
of this Chapter, continue to hold office until his successor has entered upon
office.
(5) In this article
“Minister” includes Minister of State and Deputy Minister.
58A. Application
of Chapter.- Nothing in this Chapter, except the provisions 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 IIA¾NON-PARTY CARE-TAKER
GOVERNMENT
58B. The Non-Party Care-taker Government.- (1) There shall be a
Non-Party Care-taker Government during the period from the date on which the
Chief Adviser of such government enters upon office after Parliament is
dissolved or stands dissolved by reason of expiration of its term till the date
on which a new Prime Minister enters upon his office after the constitution of
Parliament.
(2) The Non-Party Care-taker
Government shall be collectively responsible to the President.
(3) The executive power of
the Republic shall, during the period mentioned in clause (1), be exercised,
subject to the provisions of article 58D(1), in accordance with this
Constitution, by or on the authority of the Chief Adviser and shall be
exercised by him in accordance with the advice of the Non-Party Care-taker
Government.
(4) The provisions of article
55(4), (5) and (6) shall (with the necessary adaptations) apply to similar
matters during the period mentioned in clause (1).
58C. Composition
of the Non-Party Care-taker Government, appointment of Advisers, etc.- (1)
The Non-Party Care-taker Government shall consist of the Chief Adviser at its
head and not more than ten other Advisers, all of whom shall be appointed by
the President.
(2) The Chief Adviser
and other Advisers shall be appointed within fifteen days after Parliament is
dissolved or stands dissolved, and during the period between the date on which
Parliament is dissolved or stands dissolved and the date on which the Chief
Adviser is appointed, the Prime Minister and his cabinet who were in office
immediately before Parliament was dissolved or stood dissolved shall continue
to hold office as such.
(3) The President shall
appoint as Chief Adviser the person who among the retired Chief Justices of
Bangladesh retired last and who is qualified to be appointed as an Adviser
under this article :
Provided that if such retired
Chief Justice is not available or is not willing to hold the office of Chief
Adviser, the President shall appoint as Chief Adviser the person who among the
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 Adviser, the
President shall appoint as Chief Adviser the person who among the retired
Judges of the Appellate Division retired last and who is qualified to be
appointed as an Adviser under this article :
Provided that if such retired
Judge is not available or is not willing to hold the office of Chief Adviser,
the President shall appoint as Chief Adviser the person who among the retired
Judges of the Appellate Division retired next before the last such retired
Judge.
(5) If no retired Judge of
the Appellate Division is available or willing to hold the office of Chief
Adviser, the President shall, after consultation, as far as practicable, with
the major political parties, appoint the Chief Adviser from among citizens of
Bangladesh who are qualified to be appointed as Advisers under this article.
(6) Notwithstanding anything
contained in this Chapter, if the provisions of clauses (3), (4) and (5) cannot
be given effect to, the President shall assume the functions of the Chief
Adviser of the Non-Party Care-taker Government in addition to his own functions
under this Constitution.
(7) The President shall
appoint Advisers from among the persons who are-
(a)
qualified for election as members of Parliament ;
(b)
not members of any political party or of any
organization associated with or affiliated to any political party ;
(c)
not, and have agreed in writing not to be, candidates
for the ensuring election of members of Parliament ;
(d)
not over seventy-two years of age.
(8) The Advisers shall be
appointed by the President on the advice of the Chief Adviser.
(9) The Chief Adviser
or an Adviser may resign his office by writing under his hand addressed to the
President.
(10) The Chief Adviser or an
Adviser shall cease to be Chief Adviser or Adviser if he is disqualified to be
appointed as such under this article.
(11) The Chief Adviser shall
have the status, and shall be entitled to the remuneration and privileges, of a
Prime Minister, and an Adviser shall have the status, and shall be entitled to
the remuneration and privileges, of a Minister.
(12) The Non-Party Care-taker
Government shall stand dissolved on the date on which the Prime Minister enters
upon his office after the constitution of new Parliament.
58D. Functions
of Non-Party Care-taker Government.- (1) The Non-Party Care-taker
Government shall discharge its functions as an interim government and shall
carry on the routine functions of such government with the aid and assistance
of persons in the services of the Republic ; and, except in the case of
necessity for the discharge of such functions it 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 holding the general election of members of
Parliament peacefully, fairly and impartially.
58E. Certain
provisions of the Constitution to remain ineffective.- 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.
59. Local
government.- (1) Local government in every administrative unit of the
Republic shall be entrusted to bodies, composed of persons elected in
accordance with law.
(2) Everybody such as is
referred to in clause (1) shall, subject to this Constitution and any other
law, perform within the appropriate administrative unit such functions as shall
be prescribed by Act of Parliament, which may include functions relating to-
(a)
administration and the work of public officers ;
(b)
the maintenance of public order ;
(c)
the preparation and implementation of plans relating to public services and
economic development.
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.- The supreme command of the defence services of Bangladesh
shall vest in the President and the exercise thereof shall be regulated by law
and such law shall, during the period in which there is a Non-Party Care-taker
Government under article 58B, be administered by the President.
62. Recruitment,
etc., of defence services.- (1) Parliament shall by law provide for
regulating-
(a) the raising and maintaining of the
defence services of Bangladesh and of their reserves ;
(b) the grant of commissions therein ;
(c)
the appointment of chiefs of staff of the defence services, and their salaries
and allowances ; and
(d)
the discipline and other matters relating to those services and reserves.
(2) Until Parliament by
law provides for the matters specified in clause (1) the President may, by
order, provide for such of them as are not already subject to existing law.
63. War.-
(1) War shall not be declared and the Republic shall not participate in any war
except with the assent of Parliament.
CHAPTER V-The Attorney-General
64. The
Attorney-General.- (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
65. Establishment
of Parliament.- (1) There shall be a Parliament for Bangladesh
(to be known as the House of the Nation) in which, subject to the provisions of
this Constitution, shall be vested the legislative powers of the Republic :
Provided that nothing in this
clause shall prevent Parliament from delegating to any person or authority, by
Act of Parliament, power to make orders, rules, regulations, bye-laws or other
instruments having legislative effect.
(2) Parliament shall
consist of three hundred members to be elected in accordance with law from
single territorial constituencies by direct election and, for so long as clause
(3) is effective, the members provided for in that clause ; the members 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 :
Provided that nothing in this
clause shall be deemed to prevent a woman from being elected to any of the
seats provided for in clause (2) of this article.
(4) The seat of
Parliament shall be in the capital.
66. Qualifications
and disqualifications for election to Parliament.- (1) A person shall
subject to the provisions of clause (2), be qualified to be elected as, and to
be, a member of Parliament if he is a citizen of Bangladesh and has attained
the age of twenty-five years.
(2) A person
shall be disqualified for election as, or for being, a member of Parliament who-
(a) is declared by a competent court to be of
unsound
mind ;
(b) is an undischarged insolvent ;
(c) acquires the citizenship of, or
affirms or acknowledges allegiance to, a foreign state ;
(d)
has been, on conviction for a criminal offence involving moral turpitude,
sentenced to imprisonment for a term of not less than two years, unless a
period of five years has elapsed since his release ;
(dd) holds any office
of profit in the 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.
(3)
Omitted.
(4) If any
dispute arises as to whether a member of Parliament has, after his election,
become subject to any of the disqualifications mentioned in clause (2) or as to
whether a member of Parliament should vacate his seat pursuant to article 70,
the dispute shall be referred to the Election Commission to hear and determine
it and the decision of the Commission on such reference shall be final.
(5) Parliament may, by law, make such provision as it deems necessary for
empowering the Election Commission to give full effect to the provisions of
clause (4).
67. Vacation
of seats of members.- (1) A member of Parliament shall vacate his
seat-
(a) if
he fails, within the period of ninety days from the date of the first meeting
of Parliament after his election, to make and subscribe the oath or affirmation
prescribed for a member of Parliament in the Third Schedule :
Provided that the Speaker may, before the expiration
of that period, for good cause extend it
;
(b) if he is absent from Parliament, without
the leave of Parliament, for ninety consecutive sitting days ;
(c) upon a dissolution of Parliament ;
(d) if he has incurred a disqualification
under clause (2) of article 66 ; or
(e) in the circumstances specified in article
70.
(2) A member of
Parliament may resign his seat by writing under his hand addressed to the Speaker,
and the seat shall become vacant when the writing is received by the Speaker
or, if the office of Speaker is vacant or the Speaker is for any reason unable
to perform his functions, by the Deputy Speaker.
68. Remuneration,
etc., of members of Parliament.- Members of Parliament shall be entitled to
such 1[remuneration], allowances and privileges as may be determined by Act of
Parliament or, until so determined, by order made by the President.
69. Penalty for member sitting or voting before taking oath.- If
a person sits or votes as a member of Parliament before he makes or subscribes
the oath or affirmation in accordance with this Constitution, or when he knows
that he is not qualified or is disqualified for membership thereof, he shall be
liable in respect of each day on which he so sits or votes to a penalty of one
thousand taka to be recovered as a debt due to the Republic.
70. Vacation
of seat on resignation, etc.- (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 that party.
Explanation.-If a member of Parliament-
(a) being present in Parliament abstains from voting, or
(b) absents himself from any sitting of Parliament,
ignoring the direction of the party which nominated
him at the election as a candidate not to do so, he shall be deemed to have
voted against that party.
(2) If, at any time, any
question as to the leadership of the Parliamentary party of a political party
arises, the Speaker shall, within seven days of being informed of it in writing
by a person claiming the leadership of the majority of the members of that
party in Parliament, convene a meeting of all members of Parliament of that
party in accordance with the rules of procedure of Parliament and determine its
Parliamentary leadership by the votes of the majority through division and if,
in the matter of voting in Parliament, any member does not comply with the
direction of the leadership so determined, he shall be deemed to have voted
against that party under clause (1) and shall vacate his seat in the
Parliament.
(3) If a person, after being
elected a member of Parliament as an independent candidate, joins any political
party, he shall, for the purpose of this article, be deemed to have been
elected as a nominee of that Party.
71. Bar
against double membership.- (1) No person shall at the same time be a
member of Parliament in respect of two or more constituencies.
(2) Nothing in clause (1)
shall prevent a person from being at the same time a candidate for two or more
constituencies, but in the event of his being elected for more than one-
(a)
within thirty days after his last election the person elected shall deliver to
the Chief Election Commissioner a signed declaration specifying the
constituency which he wishes to represent, and the seats of the other
constituencies for which he was elected shall thereupon fall vacant ;
(b)
if the person elected fails to comply with sub-clause (a), all the seats for
which he was elected shall fall vacant ; and
(c)
the person elected shall not make or subscribe the oath or affirmation of a
member of Parliament until the foregoing provisions of this clause, so far as
applicable, have been complied with.
72. Sessions
of Parliament.- (1) Parliament shall be summoned, prorogued and dissolved
by the President by public notification, and when summoning Parliament the
President shall specify the time and place of the first meeting :
Provided that a period
exceeding sixty days shall not intervene between the end of one session and the
first sitting of Parliament in the next session :
Provided
further that in the exercise of his functions under this clause, the President
shall act in accordance with the advice of the Prime Minister tendered to him
in writing.
(2) Notwithstanding the
provisions of clause (1) Parliament shall be summoned to meet within thirty
days after the declaration of the results of polling at any general election of
members of Parliament.
(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 the Republic is engaged it is necessary to recall Parliament, the
President shall summon the Parliament that has been dissolved to meet.
(5) Subject to the
provisions of clause (1) the sittings of Parliament shall be held at such times
and places as Parliament may, by its rules of procedure or otherwise,
determine.
73. President’s
address and messages to Parliament.- (1) The President may address
Parliament and may send messages thereto.
(2) At the commencement of
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.- (1) Every
Minister shall have the right to speak in, and otherwise to take part in the
proceedings of Parliament, but shall not be entitled to vote or to speak on any
matter not related to his Ministry unless he is a member of Parliament also.
(2) In this article,
“Minister” includes a Prime Minister, Minister of State and Deputy Minister.
74. Speaker
and Deputy Speaker.- (1) Parliament shall at the first sitting after
any general election elect from among its members a Speaker and a Deputy
Speaker, and if either office becomes vacant shall within seven days or, if
Parliament is not then sitting, at its first meeting thereafter, elect one of
its members to fill the vacancy.
(2) The Speaker or
Deputy Speaker shall vacate his office-
(a)
if he ceases to be a member of Parliament ;
(b)
if he becomes a Minister ;
(c)
if Parliament passes a resolution (after not less than fourteen days’ notice
has been given of the intention to move the resolution) supported by the votes
of a majority of all the members thereof, requiring his removal from office ;
(d)
if he resigns his office by writing under his hand delivered to the President ;
(e)
if after a general election another member enters upon that office ; or
(f)
in the case of the Deputy Speaker, if he enters upon the office of Speaker.
(3) While the office of
the Speaker is vacant or the Speaker is 2[acting as] President, or if it is
determined by Parliament that the Speaker is otherwise unable to perform the
functions of his office, those functions shall be performed by the Deputy
Speaker or, if the office of the Deputy Speaker is vacant, by such member of
Parliament as may be determined by or under the rules of procedure of
Parliament ; and during the absence of the Speaker from any sitting of
Parliament the Deputy Speaker or, if he also is absent, such person as may be
determined by or under the rules of procedure, shall act as Speaker.
(4) At any sitting of
Parliament, while a resolution for the removal of the Speaker from his office
is under consideration the Speaker (or while any resolution for the removal of
the Deputy Speaker from his office is under consideration, the Deputy Speaker)
shall not preside, and the provisions of clause (3) shall apply in
relation to every such sitting as they apply in relation to a sitting from
which the Speaker or, as the case may be, the Deputy Speaker is absent.
(5) The Speaker
or the Deputy Speaker, as the case may be, shall have the right to speak in,
and otherwise to take part in, the proceedings of Parliament while any
resolution for his removal from office is under consideration in Parliament,
and shall be entitled to vote but only as a member.
(6) Notwithstanding the
provisions of clause (2) the Speaker or, as the case may be, the Deputy
Speaker, shall be deemed to continue to hold office until his successor has
entered upon office.
75. Rules
of procedure, quorum, etc.- (1) Subject to this Constitution-
(a) the procedure of Parliament shall be
regulated by rules of procedure made by it, and until such rules are made shall
be regulated by rules of procedure made by the President ;
(b) a decision in Parliament shall be taken
by a majority of the votes of the members present and voting, but the person
presiding shall not vote except when there is an equality of votes, in which
case he shall exercise a casting vote ;
(c) no proceeding in Parliament shall
be invalid by reason only that there is a vacancy in the membership thereof or
that a person who was not entitled to do so was present at, or voted or
otherwise participated in, the proceeding.
(2) If at any time
during which Parliament is in session the attention of the person presiding is
drawn to the fact that the number of members present is less than sixty, he
shall either suspend the meeting until at least sixty members are present, or
adjourn it.
76. Standing
committees of Parliament.- (1)
Parliament shall appoint from among its members the following standing
committees, that is to say-
(a) a public accounts committee ;
(b) committee of privileges ; and
(c) such other standing committees as
the rules of procedure of Parliament require.
(2) In addition to the
committees referred to in clause (1), Parliament shall appoint other standing
committees, and a committee so appointed may, subject to this Constitution and
to any other law-
(a) examine
draft bills and other legislative proposals ;
(b) review the
enforcement of laws and propose measures for such enforcement ;
(c) in
relation to any matter referred to it by Parliament as a matter of public
importance, investigate or inquire into the activities or administration of a
Ministry and may require it to furnish, through an authorised representative,
relevant information and to answer questions, orally or in writing ;
(d) perform any
other function assigned to it by Parliament.
(3) Parliament may
by law confer on committees appointed under this article powers for-
(a) enforcing the attendance
of witnesses and examining them on oath, affirmation or otherwise ;
(b)
compelling the production of documents.
77. Ombudsman.- (1) Parliament may, by law, provide for the
establishment of the office of Ombudsman.
(2) The Ombudsman shall exercise such powers and
perform such functions as Parliament may, by law, determine, including the
power to investigate any action taken by a Ministry, a public officer or a
statutory public authority.
(3) The Ombudsman shall prepare an annual
report concerning the discharge of his functions, and such report shall be laid
before Parliament.
78. Privileges and immunities of
Parliament and members.- (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 committee thereof.
(4) A person shall not be liable to
proceedings in any court in respect of the publication by or under the
authority of Parliament of any report, paper, vote or proceeding.
(5) Subject to this article, the
privileges of Parliament and of its committees and member may be determined by
Act of Parliament.
79. Secretariat
of Parliament.- (1) Parliament shall have its own secretariat.
(2)
Parliament may, by law, regulate the recruitment and conditions of service of
persons appointed to the secretariat of Parliament.
(3) Until
provision is made by Parliament the President may, after consultation with the
Speaker, make rules regulating the recruitment and condition of service
of persons appointed to the secretariat of Parliament, and rules so made shall
have effect subject to the provisions of any law.
CHAPTER II¾LAGISLATIVE AND
FINANCIAL PROCEDURES
80. Legislative
procedure.- (1) Every proposal in Parliament for making a 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 be reconsidered, and that any amendments specified by him in the
message be considered ; and if he fails so to do he shall be deemed to have
assented to the Bill at the expiration of that period.
(4) If the
President so returns the Bill Parliament shall consider it together with the
Presidents message, and if the Bill is again passed by Parliament with or
without amendments by the votes of a majority of the total number of members of
Parliament], it shall be presented to the President for his assent, whereupon
the President shall assent to the Bill within the period of seven days after it
has been presented to him, and if he fails to do so he shall be deemed to have
assented to the Bill on the expiration of that period.
(5) When the
President has assented or is deemed to have assented to a Bill passed by
Parliament it shall become law and shall be called an Act of Parliament.
81. Money
Bills.- (1) In this Part "Money Bill" means a Bill
containing only provisions dealing with all or any of the following matters-
(a) the imposition, regulation, alteration, remission or repeal of
any tax ;
(b) the borrowing of money or the giving of any guarantee by the
Government, or the amendment of any law relating to the financial obligations
of the Government ;
(c) the custody of the Consolidated Fund, the payment of
money into, or the issue or appropriation of moneys from, that Fund ;
(d) the imposition of a charge upon the Consolidated Fund, or the
alteration or abolition of any such charge ;
(e) the receipt of moneys on account of the Consolidated Fund or
the Public Account of the Republic, or the custody or issue of such moneys, or
the audit of the accounts of the Government ;
(f) any subordinate matter incidental to
any of the matter specified in the foregoing sub-clauses.
(2) A Bill
shall not be deemed to be a Money Bill by reason only that it provides for the
imposition or alteration of any fine or other pecuniary penalty, or for
the levy or payment of a licence fee or a fee or charge for any service
rendered, or by reason only that it provides for the imposition, regulation,
alteration, remission or repeal of any tax by a local authority or body for
local purposes.
(3) Every
Money Bill shall, when it is presented to the President for his assent, bear a
certificate under the hand of the Speaker that it is a Money Bill, and such
certificate shall be conclusive for all purposes and shall not be questioned in
any court.
82. Recommendation
for financial measures.- No Money Bill, or any Bill which involves
expenditure from public moneys, shall be introduced into Parliament except on
the recommendation of the President :
Provided that no
recommendation shall be required under this article for the moving of an
amendment making provision for the reduction or abolition of any tax.
83. No
taxation except by or under Act of Parliament.- No tax shall be
levied or collected except by or under the authority of an Act of Parliament.
84. Consolidated
Fund and the Public Account of the Republic.- (1) All revenues
received by the Government, all loans raised by the Government, and all moneys
received by it in repayment of any loan, shall form part of one fund to
be known as the Consolidated Fund.
(2) All other
public moneys received by or on behalf of the Government shall be credited to
the Public Account of the Republic.
85. Regulation
of public moneys.- The custody of public moneys, their payment into
and the withdrawal from the Consolidated Fund or, as the case may be, the
Public Account of the Republic, and matters connected with or ancillary to the
matters aforesaid, shall be regulated by Act of Parliament, and until provision
in that behalf is so made, by rules made by the President.
86. Moneys
payable to Public Account of Republic.- All moneys received by or
deposited with¾
(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.- (1) There shall be laid before
Parliament, in respect of each financial year, a statement of the estimated
receipts and expenditure of the Government for that year, in this Part referred
to as the annual financial statement.
(2) The annual financial statement shall show separately-
(a) the sums required to meet expenditure charged by or under this
Constitution upon the Consolidated Fund; and
(b) the sums required to meet other expenditure proposed to be
made from the Consolidated Fund ;
and shall distinguish expenditure on revenue account from other
expenditure.
88. Charges on Consolidated Fund.- The following expenditure shall
be charged upon the Consolidated Fund-
(a)
the remuneration payable to the President and other expenditure relating to his
office ;
(b) the remuneration payable to-
(i) the Speaker and Deputy Speaker;
(ii) the Judges of the Supreme Court ;
(iii) the Comptroller and Auditor-General ;
(iv) the Election Commissioners ;
(v) the members of the Public Service Commissions ;
(c)
the administrative expenses of, including remuneration payable to, officers and
servants of Parliament, the Supreme Court, the Comptroller and Auditor-General,
the Election Commission and the Public Service Commissions ;
(d)
all debt charges for which the Government is liable, including interest,
sinking fund charges, the repayment or amortisation of capital, and other
expenditure in connection with the raising of loans and the service and redemption
of debt ;
(e) any sums required to satisfy a judgment, decree or
award against the Republic by any court or tribunal ; and
(f) any
other expenditure charged upon the Consolidated Fund by this Constitution or by
Act of Parliament.
89. Procedure
relating to annual financial statement.- (1) So much of the
annual financial statement as relates to expenditure charged upon the
Consolidated Fund may be discussed in, but shall not be submitted to the vote
of, Parliament.
(2) So much of
the annual financial statement as relates to other expenditure shall be
submitted to Parliament in the form of demands for grants, and Parliament shall
have power to assent to or to refuse to assent to any demand, or to assent to
it subject to a reduction of the amount specified therein.
(3) No demand for
a grant shall be made except on the recommendation of the President.
90. Appropriation
Act.- (1) As soon as may be after the grants under article 89 have been
made by Parliament there shall be introduced in Parliament a Bill to provide
for appropriation out of the Consolidated Fund of all moneys required to meet¾
(a)
the grants so made by Parliament ;
and
(b)
the expenditure charged on the Consolidated Fund but not exceeding in any
case the amount shown in the annual financial statement laid before Parliament.
(2) No amendment
shall be proposed in Parliament to any such Bill which has the effect of
varying the amount of any grant so made or altering the purpose to which it is
to be applied, or of varying the amount of any expenditure charged on the
Consolidated Fund.
(3) Subject to
the provisions of this Constitution no money shall be withdrawn from the
Consolidated Fund except under appropriation made by law passed in accordance
with the provisions of this article.
91. Supplementary
and excess grants.- If in respect of any financial year it is found¾
(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
of account, votes of credit, etc.- (1) Notwithstanding anything
in the foregoing provisions of this Chapter, Parliament shall have power-
(a) to make any grant in
advance in respect of the estimated expenditure for a part of any financial
year pending the completion of the procedure prescribed in article 89 for the
voting of such grant and the passing of a law in accordance with the provisions
of article 90 in relation to that expenditure ;
(b)
to make a grant for meeting an unexpected demand upon the resources of the
Republic when on account of the magnitude or the indefinite character of the
service the demand cannot be specified with the details ordinarily given in an
annual financial statement
;
(c) to make an exceptional
grant which forms no part of the current service of any financial year ;
and Parliament
shall have power to authorise by law the withdrawal of moneys from the
Consolidated Fund for the purposes for which such grants are made.
(2) The provisions of articles 89 and 90 shall have effect in relation to
the making of any grant under clause (1), and to any law to be made under that
clause, as they have effect in relation to the making of a grant with regard to
any expenditure mentioned in the annual financial statement and to the law to
be made for the authorisation of appropriation of moneys out of the
Consolidated Fund to meet such expenditure.
(3) Notwithstanding anything contained in the foregoing provisions of 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
that year, pending the making of the grants and passing of the law.
CHAPTER III¾Ordinance Making Power
93. Ordinance
making power.-(1) At any time when 1[Parliament stands
dissolved or is not in session], if the President is satisfied that
circumstances exist which render immediate action necessary, he may make and
promulgate such Ordinances (as the circumstances) appear to him to require, and
any Ordinance so made shall, as from its promulgation have the like force of
law as an Act of Parliament :
Provided that no
Ordinance under this clause shall make any provision-
(i) which could not lawfully be made under
this Constitution by Act of Parliament ;
(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 of articles 87 and 90 shall,
with necessary adaptations, be complied with in respect thereof within thirty
days of the reconstitution of Parliament.
PART VI
THE JUDICIARY
CHAPTER I¾The Supreme Court
94. Establishment
of Supreme Court.- (1) There shall be a Supreme Court for Bangladesh
(to be known as the Supreme Court of Bangladesh) comprising the Appellate
Division and the High Court Division.
(2) The Supreme
Court shall consist of the Chief Justice, to be known as the Chief Justice of
Bangladesh, and such number of other Judges as the President may deem it
necessary to appoint to each division.
(3) The Chief
Justice, and the Judges appointed to the Appellate Division, shall sit only in
that division, and the other Judges shall sit only in the High Court Division.
(4) Subject to
the provisions of this Constitution the Chief Justice and the other Judges
shall be independent in the exercise of their judicial functions.
95. Appointment
of Judges.- (1) The Chief Justice and other Judges shall be
appointed by the President.
(2) A person
shall not be qualified for appointment as a Judge unless he is a citizen of
Bangladesh and¾
(a) has, for not less than ten years been an advocate of the
Supreme Court ; or
(b) has, for not less than ten years, held judicial office in the
territory of Bangladesh ;
or
(c) has such other qualifications as may be prescribed by
law for appointment as a Judge of the Supreme Court.
(3) In this article, "Supreme Court" includes a court which at
any time before the commencement of the Second Proclamation (Tenth Amendment)
Order, 1977, exercised jurisdiction as a High Court or Supreme Court in the
territory now forming part of Bangladesh.
96. Tenure
of office of Judges.- (1) Subject to the other provisions of
this article, a Judge shall hold office until he attains the age of sixty-seven
years.
(2) A Judge shall not be removed from office except in accordance with
the following provisions of this article.
(3) There shall be a Supreme Judicial Council, in this article
referred to as the Council, which shall consist of the Chief Justice of
Bangladesh, and the two next senior Judges :
Provided that if, at
any time, the Council 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 functions 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 under this article, the Council shall
regulate its procedure and shall have, in respect of issue and execution of
processes, the same power as the Supreme Court.
(8) A Judge may resign his office by writing under his hand addressed to the
President.
97. Temporary appointment of Chief Justice.- If the
office of the Chief Justice becomes vacant, or if the President is satisfied
that the Chief Justice is, on account of absence, illness, or any other cause,
unable to perform the functions of his office, those functions shall, until
some other person has entered upon that office, or until the Chief Justice has
resumed his duties, as the case may be, be performed by the next most senior
Judge of the Appellate Division.
98. Additional Supreme Court Judges.- Notwithstanding the
provisions of article 94, if the President is satisfied that the number of the
Judges of a division of the Supreme Court should be for the time being
increased, the President may appoint one or more duly qualified persons to be
Additional Judges of the 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.
99. Disabilities of Judges.- (1) Except as provided in
clause (2), a person who has held office as a Judge otherwise than as an Additional
Judge shall not, after his retirement or removal therefrom, plead or act before
any court or authority or hold any office of profit in the service of the
Republic not being a judicial or quasi-judicial office or the office of Chief
Adviser or Adviser.
(2) A person who has held office as a Judge of the High Court Division may,
after his retirement or removal therefrom, plead or act before the Appellate
Division.
100. Seat of Supreme Court.- The permanent seat of the Supreme
Court, shall be in the capital, but sessions of the High Court Division may be
held at such other place or places as the Chief Justice may, with the approval
of the President, from time to time appoint.
101. Jurisdiction
of High Court Division.-The High Court Division shall have such original,
appellate and other jurisdictions, powers and functions as are or may be
conferred on it by this Constitution or any other law.
102. Powers of High Court Division to issue certain orders
and directions, etc.- (1) The High Court Division on the application of any
person aggrieved, may give such directions or orders to any person or
authority, including any person performing any function in connection with the
affairs of the Republic, as may be appropriate for the enforcement of any of
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 law¾
(a) on the application of any person aggrieved, make an
order-
(i) directing a person performing any functions in
connection with the affairs of the Republic or of a local authority to refrain
from doing that which he is not permitted by law to do or to do that which he
is required by law to do ; or
(ii) declaring that any act done or proceeding taken by
a person performing functions in connection with the affairs of the Republic or
of a local authority has been done or taken without lawful authority and is of
no legal effect ; or
(b) on the application of any person, make an order-
(i) directing that a person in custody be brought
before it so that it may satisfy itself that he is not being held in custody
without lawful authority or in an unlawful manner ; or
(ii) requiring a person holding or purporting to hold a
public office to show under what authority he claims to hold that office.
(3) Notwithstanding anything contained in the foregoing clauses, the High Court
Division shall have no power under this article to pass any interim or other
order in relation to any law to which article 47 applies.
(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 of
being heard, and the High Court Division is satisfied that the interim order
would not have the effect referred to in sub-clause (a) or sub-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 discipline force or a tribunal to which article 117 applies.
103. Jurisdiction of Appellate Division.- (1) The
Appellate Division shall have jurisdiction to hear and determine appeals from
judgments, decrees, orders or sentences of the High Court Division.
(2) An appeal to the Appellate Division from a judgment, decree, order or
sentence of the High Court Division shall lie as of right where the High Court
Division-
(a) certifies that the case involves a
substantial question of law as to the interpretation of this Constitution ; or
(b) has sentenced a person to death or to
imprisonment for life ; or
(c) has imposed punishment on a person for contempt of
that division ;
and in such
other cases as may be provided for by Act of Parliament.
(3) An appeal to the Appellate Division from a judgment, decree, order or
sentence of the High Court Division in a case to which clause (2) does not
apply shall lie only if the Appellate Division grants leave to appeal.
(4) Parliament may by law declare that the provisions of this article shall
apply in relation to any other court or tribunal as they apply in relation to
the High Court Division.
104. Issue and execution of processes of Appellate
Division.- The Appellate Division shall have power to issue such
directions, orders, decrees or writs as may be necessary for doing complete
justice in any cause or matter pending before it, including orders for the
purpose of securing the attendance of any person or the discovery or production
of any document.
105. Review of judgments or orders by Appellate Division.- The
Appellate Division shall have power, subject to the provisions of any Act of
Parliament and of any rules made by the division, to review any judgment
pronounced or order made by it.
106. Advisory jurisdiction of Supreme Court.- If at any
time it appears to the President that question of law has arisen, or is likely
to arise, which is of such a nature and of such public importance that it is
expedient to obtain the opinion of the Supreme Court upon it, he may refer the
question to the Appellate Division for consideration and the division may,
after such hearing as it thinks fit, report its opinion thereon to the
President.
107. Rule-making power of the Supreme Court.- (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 judges are to constitute any Bench of a
division of the Supreme Court and which judges are to sit for any
purpose.
(4) The Chief Justice may authorise the next most senior Judge of either
division of the Supreme Court to exercise in that division any of the powers
conferred by clause (3) or by rules made under this article.
108. Supreme Court as court of record.- The Supreme
Court shall be a court of record and shall have all the powers of such a court
including the power subject to law to make an order for the investigation of or
punishment for any contempt of itself.
109. Superintendence and control over courts.- The
High Court Division shall have superintendence and control over all courts and
tribunal subordinate to it.
110. Transfer of cases from subordinate courts to High Court
Division.- If the High Court Division is satisfied that a case pending in a
court subordinate to it involves a substantial question of law as to the
interpretation of this Constitution, or on a point of general public
importance, the determination of which is necessary for the disposal of the
case, it shall withdraw the case from that court and may¾
(a) either dispose of the case itself ; or
(b) determine the question of law and return the case
to the court from which it has been so withdrawn (or transfer it to another
subordinate court) together with a copy of the judgment of the division on such
question, and the court to which the case is so returned or transferred shall,
on receipt thereof, proceed to dispose of the case in conformity with such
judgment.
111. Binding effect of Supreme Court judgments.-The law
declared by the Appellate Division shall be binding on the High Court Division
and the law declared by either division of the Supreme Court shall be binding
on all courts subordinate to it.
112. Action in aid of Supreme Court.- All authorities, executive and judicial, in the
Republic shall act in aid of the Supreme Court.
113. Staff of Supreme Court.- (1) Appointments to the
staff of the Supreme Court shall be made by the Chief Justice or such other
judge or officer of that Court as he may direct, and shall be made in
accordance with rules made with the previous approval of the President by the
Supreme Court.
(2) Subject to the provisions of any Act of Parliament the conditions of
service of members of the staff of the Supreme Court shall be such as may be
prescribed by rules made by that court.
CHAPTER II¾Subordinate Courts
114. Establishment of subordinate courts.- There shall
be in addition to the Supreme Court such courts subordinate thereto as may be
established by law.
115. Appointments to subordinate courts.- Appointments
of persons to offices in the judicial service or as magistrates exercising judicial
functions shall be made by the President in accordance with rules made by him
in that behalf.
116. Control and discipline of subordinate courts.- The
control (including the power of posting, promotion and grant of leave) and
discipline of persons employed in the judicial service and magistrates
exercising judicial functions shall vest in the President and shall be
exercised by him in consultation with the Supreme Court.
116A. Judicial officers to be independent in the exercise
of their functions.- Subject to the provisions of the Constitution, all
persons employed in the judicial service and all magistrates shall be
independent in the exercise of their judicial functions.
CHAPTER III¾Administrative Tribunals
117. Administrative tribunals.- (1) Notwithstanding
anything hereinbefore contained, Parliament may by law establish one or more
administrative tribunals to exercise jurisdiction in respect of matters
relating to or arising out of-
(a) the terms and conditions of
persons in the service of the Republic, including the matters provided for in
Part IX and the award of penalties or punishments ;
(b) the acquisition, administration, management
and disposal of any property vested in or managed by the Government by or under
any law, including the operation and management of, and service in, any
nationalised enterprise or statutory public authority ;
(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. (1) There shall be 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 Supreme Court.
(6) An Election Commissioner may resign his office by writing under his hand
addressed to the President.
119. Functions of Election Commission.- (1) The
superintendence, direction and control of the preparation of the electoral
rolls for elections to the office of President and to Parliament and the
conduct of such elections shall vest in the Election Commission which shall, in
accordance with this Constitution and any other law-
(a) hold elections to the office of President ;
(b) hold elections of members of Parliament ;
(c) delimit the constituencies for the purpose
of elections to Parliament ; and
(d) prepare electoral rolls for the purpose of
elections to the office of President and to Parliament.
(2) The Election Commission shall perform such functions, in addition to those
specified in the foregoing clauses, as may be prescribed by this Constitution
or by any other law.
120. Staff of Election Commission.- The President shall,
when so requested by the Election Commission, make available to it such staff
as may be necessary for the discharge of its functions under this Part.
121. Single electoral roll for each constituency.- There
shall be one electoral roll for each constituency for the purposes of elections
to Parliament, and no special electoral roll shall be prepared so as to
classify electors according to religion, race, caste or sex.
122. Qualifications for registration as voter.-
(1) The elections to Parliament shall be on the basis of adult franchise.
(2) A person shall be entitled to be enrolled on the electoral roll for a
constituency delimited for the purpose of election to the Parliament, if he-
(a) is a citizen of Bangladesh ;
(b) is not less than eighteen years of age ;
(c) does not stand declared by a competent court
to be of unsound mind ; and
(d) is or is deemed by law to be a resident of
that constituency .
123. Time for holding elections.- (1) In the case of a
vacancy in the office of President occurring by reason of the expiration of his
term of office an election to fill the vacancy shall be held within the period
of ninety to sixty days prior to the date of expiration of the term :
Provided that if the term expires before the dissolution of the Parliament by
members of which he was elected the election to fill the vacancy shall not be
held until after the next general election of members of Parliament, but shall
be held within thirty days after the first sitting of Parliament following such
general election.
(2) In the case of a vacancy in the office of President occurring by
reason of the death, resignation or removal of the President, an election to
fill the vacancy shall be held within the period of ninety days after the
occurrence of the vacancy.
(3) A general election of members of Parliament shall be held within
ninety days after Parliament is dissolved, whether by reason of the expiration
of its term or otherwise than by reason of such expiration.
(4) An election to fill the seat of a member of Parliament which falls
vacant otherwise than by reason of the dissolution of Parliament shall be held
within ninety days of the occurrence of the vacancy :
Provided that in a case where, in the opinion of the Chief Election
Commissioner, it is not possible, for reasons of an act of God, to hold such
election within the period specified in this clause, such election shall be
held within ninety days following next after the last day of such period.
124. Parliament may make provision as to
elections.- Subject to the provisions of this Constitution, Parliament may
by law make provision with respect to all matters relating to or in connection
with elections 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.- Notwithstanding
anything in this Constitution-
(a) the validity of any law
relating to the delimitation of constituencies, or the allotment of seats to
such constituencies, made or purporting to be made under article 124, shall not
be called in question in any
court ;
(b) no election to the offices of
President or to Parliament shall be called in question except by an
election petition presented to such authority and in such manner as may be
provided for by or under any law made by Parliament.
126. Executive authorities to assist Election
Commission.- It shall be the duty of all executive authorities to assist
the Election Commission in the discharge of its functions.
PART VIII
THE COMPTROLLER AND AUDITOR-GENERAL
127. Establishment of office of Auditor-General.-
(1) There shall be a Comptroller and Auditor-General of Bangladesh (hereinafter
referred to as the Auditor-General) who shall be appointed by the President.
(2) Subject to the provisions of this Constitution and of any law made by
Parliament, the conditions of service of the Auditor-General shall be such as
the President may, by order, determine.
128. Functions of Auditor-General.- (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 authoirsed by him in that
behalf shall have access to all records, books, vouchers, documents, cash,
stamps, securities, stores or other government property in the possession of
any person in the service of the Republic.
(2) Without prejudice to the provisions of clause (1), if it is prescribed by
law in the case of any body corporate directly established by law, the accounts
of that body corporate shall be audited and reported on by such person as may
be so prescribed.
(3) Parliament may by law require the Auditor-General to exercise such
functions, in addition to those specified in clause (1), as such law may
prescribe, and until provision is made by law under this clause the President
may, by order, make such provision.
(4) The Auditor-General, in the exercise of his functions under clause
(1), shall not be subject to the direction or control of any other person or
authority.
129. Term of office of Auditor-General.-
(1) The Auditor-General shall, subject to the provisions of this article,
hold office for five years from the date on which he entered upon his office,
or until he attains the age of sixty-five years, whichever is earlier.
(2) The Auditor-General shall not be removed from his office except in
like manner and on the like ground as a judge of the Supreme Court.
(3) The Auditor-General may resign his office by writing under his hand
addressed to the President.
(4) On ceasing to hold office the Auditor-General shall not be eligible
for further office in the service of the Republic.
130. Acting Auditor-General.- At any time
when the office of Auditor-General is vacant, or the President is satisfied
that the Auditor-General is unable to perform his functions on account of
absence, illness or any other cause, the President may appoint a person to act
as Auditor-General and to perform the functions of that office until an
appointment is made under article 127 or, as the case may be, until the
Auditor-General resumes the functions of his office.
131. Form and manner of keeping public
accounts.- The public accounts of the Republic shall be kept in such form
and in such manner as the Auditor-General may, with the approval of the
President, prescribe.
132. Reports of Auditor-General to be laid
before Parliament.- The reports of the Auditor-General relating to the
public accounts of the Republic shall be submitted to the President, who shall
cause them to be laid before Parliament.
PART IX
THE SERVICES OF BANGLADESH
CHAPTER I-Services
133. Appointment and conditions of service.- Subject
to the provisions of this Constitution Parliament may by law regulate the
appointment and conditions of service of persons in the service of the Republic
:
Provided that it shall be competent for the President to make rules regulating
the appointment and the conditions of service of such persons until provision
in that behalf is made by or under any law, and rules so made shall have effect
subject to the provisions of any such law.
134. Tenure of office.- Except as otherwise
provided by this Constitution every person in the service of the Republic shall
hold office during the pleasure of the President.
135. Dismissal, etc., of civilian public officers.-
(1) No person who holds any civil post in the service of the Republic shall be
dismissed or removed or reduced in rank by an authority subordinate to that by
which he was appointed.
(2) No such person shall be dismissed or removed or reduced in rank until
he has been given a reasonable opportunity of showing cause why that action
should not be taken :
Provided that this clause shall not apply-
(i) where a person is dismissed or removed or reduced
in rank on the ground of conduct which has led to his conviction of a criminal
offence ; or
(ii) where the authority empowered to dismiss or remove
a person or to reduce him in rank is satisfied that, for a reason recorded by
that authority in writing, it is not reasonably practicable to give that person
an opportunity of showing cause ; or
(iii) where the President is satisfied that in the
interests of the security of the State it is not expedient to give that person
such an opportunity.
(3) If in respect of such a person the question arises whether it is
reasonably practicable to give him an opportunity to show cause in accordance
with clause (2), the decision thereon of the authority empowered to dismiss or
remove such person or to reduce him in rank shall be final.
(4) Where a person is employed in the service of the Republic under a
written contract and that contract is terminated by due notice in accordance
with its terms, he shall not, by reason thereof, be regarded as removed from
office for the purposes of this article.
136. Reorganisation of service.- Provision may be
made by law for the reorganisation of the service of the Republic by the
creation, amalgamation or unification of services and such law may vary or
revoke any condition of service of a person employed in the service of the
Republic.
CHAPTER II-Public Service Commissions
137. Establishment of commissions.- Provision
shall be made by law for establishing one or more public service commissions
for Bangladesh, each of which shall consist of a chairman and such other
members as shall be prescribed by law.
138. Appointment of members.- (1) The chairman and
other members of each public service commission shall be appointed by the
President :
Provided that not less than one-half of the members of a commission shall be
persons who have held office for twenty years or more in the service of any
government which has at any time functioned within the territory of Bangladesh.
(2) Subject to any law made by Parliament the conditions of service of
the chairman and other members of a public service commission shall be such as
the President may, by order, determine.
139. Term of office.- (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.
(2) The chairman and other members of such a commission shall not be
removed from office except in like manner and on the like grounds as a judge of
the Supreme Court.
(3) A chairman or other member of a public service commission may resign
his office by writing under his hand addressed to the President.
(4) On ceasing to hold office a member of a public service commission
shall not be eligible for further employment in the service of the Republic,
but, subject to the provisions of clause (1)-
(a) a chairman so ceasing shall be eligible for
re-appointment for one further term ; and
(b) a member (other than the
chairman) so ceasing shall be eligible for re-appointment for one further term
or for appointment as chairman of a public service commission.
140. Functions of commissions.- (1)
The functions of a public service commission shall be¾
(a) to conduct tests and examinations for the
selection of suitable persons for appointment to 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 to¾
(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 pension rights) of that service ; and
(d) the discipline of the service.
141. Annual report.- (1) Each commission shall,
not later than the first day of March each year, prepare and submit to the
President a report on the performance of its functions during the period ended
on the previous 31st day of December.
(2) The report shall be accompanied by a memorandum setting out, so far
as is known to the commission-
(a) the cases, if any, in which its 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. (1) If the President is satisfied
that a grave emergency exists in which the security or economic life of
Bangladesh, or any part thereof, is threatened by war or external aggression or
internal disturbance, he may issue a Proclamation of Emergency :
Provided that such Proclamation shall require for its validity the prior
counter signature of the Prime Minister.
(2) A Proclamation of Emergency-
(a) may be revoked by a subsequent Proclamation
;
(b) shall be laid before Parliament ;
(c) shall cease to operate at the expiration of
one hundred and twenty days, unless before the expiration of that period it has
been approved by a resolution of Parliament :
Provided that if any such Proclamation is issued at a time when Parliament
stands dissolved or the dissolution of Parliament takes place during the period
of one hundred and twenty days referred to in sub-clause (c), the Proclamation
shall cease to operate at the expiration of thirty days from the date on which
Parliament first meets after its re-constitution, unless before that expiration
of the said period of thirty days a resolution approving the Proclamation has
been passed by Parliament.
(3) A Proclamation
of Emergency declaring that the security of Bangladesh, or any part thereof, is
threatened by war or external aggression or by internal disturbance may be made
before the actual occurrence of war or any such aggression or disturbance if
the President is satisfied that there is imminent danger thereof.
141B. While a Proclamation of Emergency is in
operation, nothing in articles 36, 37, 38, 39, 40 and 42 shall restrict the
power of the State to make any law or to take any executive action which the
State would, but for the provisions contained in Part III of this Constitution,
be competent to make or to take, but any law so made shall, to the extent of
the incompetence, cease to have effect as soon as the Proclamation ceases to
operate, except as respects things done or omitted to be done before the law so
ceases to have effect.
141C. (1) While a Proclamation of Emergency is in
operation, the President may, on the written advice of the Prime Minister, by
order, declare that the right to move any court for the enforcement of such of
the rights conferred by Part III of this Constitution as may be specified in
the order, and all proceedings pending in any court for the enforcement of the
right so specified, shall remain suspended for the period during which the
Proclamation is in force or for such shorter period as may be specified in the
order.
(2) An order made under this article may extend to the whole of Bangladesh or
any part thereof.
(3) Every order made under this article shall, as soon as may be, be laid
before Parliament.
PART X
AMENDMENT OF THE CONSTITUTION
142. (1)
Notwithstanding anything contained in this Constitution-
(a) any provision thereof may be
amended by way of addition, alteration, substitution or repeal by Act of
Parliament :
Provided that-
(i) no Bill for such amendment shall be allowed to
proceed unless the long title thereof expressly states that it will amend
a provision of the Constitution ;
(ii) no such Bill shall be presented to the
President for assent unless it is passed by the votes of not less than
two-thirds of the total number of members of Parliament ;
(b) when a Bill passed as aforesaid is presented to the
President for his assent he shall, within the period of seven days after the Bill
is presented to him assent to the Bill, and if he fails so to do he shall be
deemed to have assented to it on the expiration of that period.
(1A) Notwithstanding anything contained in clause (1), when a Bill, passed as
aforesaid, which provides for the amendment of the Preamble or any provisions
of articles 8, 48 or 56 or this article, is presented to the President for
assent, the President shall, within the period of seven days after the Bill is
presented to him, cause to be referred to a referendum the question whether the
Bill should or should not be assented to.
(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 persons enrolled on the electoral roll prepared for the purpose of
election to Parliament.
(1C) On the day on which the result of the referendum conducted in relation to
a Bill under this article is declared, the President shall be deemed to have-
(a) assented to the Bill, if the majority of the
total votes cast are in favour of the Bill being assented to ; or
(b) withheld assent thereform, 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. Executive authority in relation to property, trade,
etc.- (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.
144. Contracts and deeds.- The executive authority of
the Republic shall extend to the acquisition, sale, transfer, mortgage and
disposal of property, the carrying on of any trade or business and the making
of any contract.
145. (1) All contracts and deeds made in exercise of the
executive authority of the Republic shall be expressed to be made by the
President, and shall be executed on behalf of the President by such person and
in such manner as he may direct or authorise.
(2) Where a contract or deed is made or executed in exercise of the executive
authority of the Republic, neither the President nor any other person making of
executing the contract or deed in exercise of that authority shall be personally
liable in respect thereof, but this article shall not prejudice the right of
any person to take proceedings against the Government.
145A. International treaties.- All treaties with
foreign countries shall be submitted to the President, who shall cause them to
be laid before Parliament :
Provided that any such treaty connected with national security shall be laid in
a secret session of Parliament.
146. Suits in name of Bangladesh.-The Government of Bangladesh
may sue or be sued by the name of Bangladesh.
147. Remuneration, etc., of certain officers.- (1) The
remuneration, privileges and other terms and conditions of service of a person
holding or acting in any office to which this article applies shall be
determined by or under Act of Parliament, but until they are so determined-
(a) they shall be those (if any) appertaining to the
person holding or, as the case may be, acting in the office in question
immediately before the commencement of this Constitution ; or
(b) if the preceding sub-clause is not applicable, they
shall be determined by order made by the President.
(2) The remuneration, privileges and other terms and conditions of service of a
person holding or acting in any office to which this article applies shall not
be varied to the disadvantage of any such person during his term of office.
(3) No person appointed to or acting in any office to which this article
applies shall hold any office, post or position of profit or emolument or take
any part whatsoever in the management or conduct of any company, association or
body having profit or gain as its object :
Provided that such person shall not for the purposes of this clause be deemed
to hold any such office, post or position by reason only that he holds or is
acting in the office first above-mentioned.
(4) This article applies to the offices of-
(a)
President ;
(b) Prime
Minister or Chief Adviser ;
(c)
Speaker or Deputy Speaker ;
(d)
Minister, Adviser, Minister of State or Deputy Minister ;
(e) Judge of
the Supreme Court ;
(f)
Comptroller and Auditor-General ;
(g) Election
Commissioner ;
(h) Member
of a public service commission.
148. Oaths of office.- (1) A person elected or appointed
to any office mentioned in the Third Schedule shall before entering upon the office
make and subscribe an oath or affirmation (in this article referred to as
"an oath") in accordance with that Schedule.
(2) Where under this Constitution an oath is required to be administered 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.
149. Saving for existing laws.- Subject to the
provisions of this Constitution all existing laws shall continue to have effect
but may be amended or repealed by law made under this Constitution.
150. Transitional and temporary provisions.- The
transitional and temporary provision set out in the Fourth Schedule shall have
effect notwithstanding any other provisions of this Constitution.
151. Repeals.-The following President's Orders are
hereby repealed-
(a) The Laws Continuance Enforcement Order, made on
10th April, 1971 ;
(b) The Provisional Constitution of Bangladesh Order,
1972 ;
(c) The High Court of Bangladesh Order, 1972 (P. O. No.
5 of 1972 ) ;
(d) The Bangladesh Comptroller and Auditor-General
Order, 1972 (P. O. No. 15 of 1972) ;
(e) The Constituent Assembly of Bangladesh Order,
1972(P. O. No. 22 of 1972) ;
(f) The Bangladesh Election Commission Order, 1972 (P.
O. No. 25 of 1972) ;
(g) The Bangladesh Public Service Commissions Order,
1972 (P. O. No 34 of 1972) ;
(h) The Bangladesh Transaction of Government Business
Order, 1972 (P. O. No. 58 of 1972).
152. Interpretation.- (1) In this Constitution, except
where the subject or context otherwise requires-
"administrative
unit" means a district or other area designated by law for the purposes of
article 59 ;
"Adviser"
means a person appointed to that office under article 58C ;
"the
Appellate Division" means the Appellate Division of the Supreme Court ;
"article"
means an article of this Constitution ;
"borrowing"
includes the raising of money by annuity, and "loan" shall be
construed accordingly ;
"the
capital" has the meaning assigned to that expression in article 5 ;
"Chief Adviser" means a person appointed to
that office under article 58C ;
"Chief
Election Commissioner" means a person appointed to that office under
article 118 ;
"The Chief Justice" means the Chief Justice
of Bangladesh ;
"citizen" means a person who is a citizen of
Bangladesh according to the law relating to citizenship ;
"clause"
means a clause of the article in which the expression occurs ;
"court"
means any court of law including Supreme Court ;
"debt"
includes any liability in respect of any obligation to repay capital sums by
way of annuities and any liability under any guarantee, and "debt
charge" shall be construed accordingly ;
"disciplinary
law" means a law regulating the discipline of any disciplined force ;
"disciplined
forc" means-
(a) the
army, navy or air force ;
(b) the
police force ;
(c)
any other force declared by law to be a disciplined force within the meaning of
this definition ;
"district
judge" includes additional district judge ;
"existing
law" means any law in force in, or in any part of, the territory of
Bangladesh immediately before the commencement of this Constitution, whether or
not it has been brought into operation ;
"financial
year" means a year commencing of the first day of July ;
"guarantee"
includes any obligation undertaken before the commencement of this Constitution
to make payments in the event of the profits of an undertaking falling short of
a specified amount ;
"the High
Court Division" means the High Court Division of the Supreme Court ;
"Judge" means a Judge of a division of the
Supreme Court ;
“judicial service” means a service comprising persons
holding judicial posts not being posts superior to that of a district judge ;
“law” means any
Act, ordinance, order, rule, regulation, bye-law, notification or other legal
instrument, and any custom or usage, having the force of law in Bangladesh ;
“Parliament”
means the Parliament for Bangladesh established by article 65 ;
“Part” means a
Part of this Constitution ;
“pension” means
a pension, whether contributory or not, of any kind whatsoever payable to or in
respect of any person, and includes retired pay or gratuity so payable by way
of the return or any addition thereto of subscriptions to a provident fund ;
“political
party” includes a group or combination of persons who operate within or outside
Parliament under a distinctive name and who hold themselves out for the purpose
of propagating a political opinion or engaging in any other political activity
;
“the President”
means the President of Bangladesh elected under this Constitution or any person
for the time being acting in that office ;
“property”
includes property of every description movable or immovable corporeal or
incorporeal, and commercial and industrial undertakings, and any right or
interest in any such property or undertaking ;
“public
notification” means a notification in the Bangladesh Gazette ;
“public
officer” means a person holding or acting in any office of emolument in the
service of the Republic ;
“the Republic”
means the People’s Republic of Bangladesh ;
“Schedule”
means a schedule to this Constitution ;
“securities”
includes stock ;
“the service of
the Republic” means any service, post or office whether in a civil or military
capacity, in respect of the Government of Bangladesh, and any other service
declared by law to be a service of the Republic ;
“session”, in
relation to Parliament, means the sittings of Parliament commencing when it
first meets after the commencement of this Constitution or after a prorogation
or dissolution of Parliament and terminating when Parliament is prorogued or
dissolved ;
“sitting” in relation to Parliament, means a period
during which Parliament is sitting continuously without adjournment ;
“the Speaker”
means the person for the time being holding the office of Speaker pursuant to
article 74 ;
“the State”
includes Parliament, the Government and statutory public authorities ;
“statutory
public authority” means any authority, corporation or body the activities or
the principal activities of which are authorised by any Act. ordinance, order
or instrument having the force of law in Bangladesh ;
“sub-clause” means a sub-clause of the clause in which
the expression occurs ;
“the Supreme
Court” means the Supreme Court of Bangladesh constituted by article 94 ;
“taxation”
includes the imposition of any tax, rate, duty or impost, whether general,
local or special, and ‘Tax” shall be construed accordingly ;
(2) The General Clauses Act. 1897 shall apply in relation to-
(a) this Constitution as it applies in relation to an
Act of Parliament ;
(b) any enactment repealed by this Constitution, or
which by virtue thereof becomes void or ceases to have, effect, as it applies
in relation to any enactment repealed by Act of Parliament.
153. Commencement,
citation and authenticity.-(1) This Constitution may be cited as the
Constitution of the People’s Republic of Bangladesh and shall come into force
on the sixteenth day of December, 1972, in this Constitution referred to as the
commencement of this Constitution.
(2) There shall be an authentic text of this Constitution in Bengali, and an
authentic text of an authorised translation in English, both of which shall be
certified as such by the Speaker of the Constituent Assembly.
(3) A text certified in accordance which clause (2) shall be conclusive
evidence of the provisions of this Constitution :
Provided that in the event of conflict between the Bengali and the
English text, the Bengali text shall prevail.
