Constitution of Bangladesh

The Constitution of Bangladesh is the supreme law of the country. It defines the structure of
the state, the functions of its organs, and the rights of its citizens. After independence in 1971,
there was an urgent need to build a legal foundation for the new nation. For this purpose, the
Constituent Assembly of Bangladesh drafted the constitution.

History of making the constitution:

1. Independence and Provisional Constitution (1971)

On 26 March 1971, Bangladesh declared independence from Pakistan. During the Liberation
War, the Provisional Government of Bangladesh was formed on 17 April 1971 at
Mujibnagar. The Provisional Constitution of Bangladesh Order, 1972 served as the initial
legal framework, ensuring governance until a permanent constitution could be drafted.

2. Constituent Assembly Formation (1972)

After independence, a Constituent Assembly was formed with elected representatives of

Bangladesh (who had earlier won the 1970 Pakistan general election from East Pakistan).
On 10 April 1972, this assembly was given the task of drafting the permanent
constitution. A Constitution Drafting Committee of 34 members was formed, headed
by Dr. Kamal Hossain.

3. Drafting Process

The committee studied democratic constitutions worldwide, particularly those of India,

Ireland, and the United Kingdom. The draft was presented to the Constituent Assembly
on 12 October 1972. After intense debate and discussion, necessary amendments were
made.

4. Adoption of the Constitution

The final Constitution was adopted on 4 November 1972. It came into effect on 16
December 1972, marking the first Victory Day after liberation.

▪ Key Principles of the Constitution:

1. Nationalism – Based on the unity of the Bengali nation, language, and culture. It rejected
communalism and aimed to protect sovereignty and solidarity of Bangladesh.
2. Socialism – Meant economic and social justice, not communism. It aimed to end exploitation,
reduce inequality, and ensure fair distribution of resources.

3. Democracy – Ensured people’s rule through elected representatives. Guaranteed universal

voting rights, accountability of government, and citizens’ fundamental freedoms.

4. Secularism – Guaranteed freedom of religion for all, with equal respect to every faith. It
banned communal politics and religious discrimination.

▪ Characteristics of the Constitution of Bangladesh:

1. Written Constitution
o It is a fully written document (like India’s), consisting of 11 parts, 153 articles,
and several schedules.
2. Supreme Law of the Land
o No law can go against the Constitution; if it does, it becomes void.
3. Rigid but Flexible
o It can be amended by a two-thirds majority in Parliament, which makes it rigid
compared to ordinary laws, but still amendable.
4. Unitary State
o Bangladesh is a unitary republic, not federal. All powers are concentrated in the
central government.
5. Parliamentary Form of Government
o The Prime Minister is the head of government, Cabinet is collectively responsible
to Parliament, and the President is mostly ceremonial.
6. Fundamental Principles of State Policy
o Based on Nationalism, Socialism, Democracy, and Secularism (added in 1972).
7. Fundamental Rights
o Guarantees citizens’ rights such as equality, freedom of speech, religion,
movement, and protection of law.
8. Independent Judiciary
o Ensures rule of law, protects rights, and can review government actions (Judicial
Review).
9. Unitary Citizenship
o All people of Bangladesh are considered citizens equally, with no distinction
based on religion, caste, or ethnicity.
10. Preamble and Nationalism
o The preamble reflects the spirit of the Liberation War and sets goals of equality,
justice, and human dignity.
11. Amendable Constitution
o Up to now, it has been amended 17 times to adjust with political and social
changes.
12. Secular and Democratic Republic
o Ensures freedom of religion and upholds democratic governance.
Part I – The Republic (Articles 1–7A)

Article 1 – The Republic

Declares Bangladesh as a People’s Republic.

Emphasizes that sovereignty belongs to the people of Bangladesh.

Article 2 – The State Religion

Originally, the Constitution declared secularism as a fundamental principle.

Article 2 recognized the Islamic faith as the state religion, but also guaranteed freedom
of religion for all citizens.

Article 2A – Islam as State Religion (added later)

Added through the 8th Amendment (1988).

Explicitly states that Islam is the state religion of Bangladesh while maintaining
freedom for other religions.

This article replaced the original secular emphasis in Part I regarding state religion.

Article 3 – State Language

Declares Bengali (Bangla) as the official language of the Republic.

The article also allows the use of other languages for administrative purposes if
necessary.

Reflects the Language Movement of 1952 and the cultural identity of Bangladesh.

Article 4 – National Emblem, Flag, Anthem

Recognizes the national flag, emblem, and anthem as symbols of sovereignty.

The emblem includes the lotus, rice sheaves, and water—representing culture,
agriculture, and rivers.

The national anthem is Amar Sonar Bangla by Rabindranath Tagore.

Article 5 – Capital

Declares Dhaka as the capital of Bangladesh.

Provides for government authority and institutions to be located in the capital.

Article 6 – Citizenship

Deals with citizenship rights at independence.

Grants citizenship to all persons who were citizens of Pakistan and permanent residents
of Bangladesh on 26 March 1971.

Also allows Parliament to regulate citizenship for others.

Article 7 – Supremacy of the Constitution

Declares the Constitution as the supreme law of the land.

Any law or action inconsistent with the Constitution is void.

Article 7A – Offence of Abrogation of the Constitution

Makes it a punishable offence to attempt to abrogate, suspend, or overthrow the

Constitution by force.

Ensures protection of democratic governance and constitutional order.

Part II – Fundamental Principles of State Policy (Articles 8–25)

Article 8 – Fundamental Principles of State Policy

Declares that the Republic shall be a democratic, socialist, and secular state based on
nationalism.

These principles guide the state in all decisions and policy-making.

Article 9 – Promotion of Local Government

Ensures decentralization of power.

 Local government bodies (union, upazila, city corporations) are encouraged to develop
democracy at the grassroots level.

Article 10 – Participation of Women

Calls for active participation of women in all spheres of national life.

The state should take measures to ensure gender equality and empowerment.

Article 11 – Democracy and Human Rights

Emphasizes democratic governance and respect for fundamental human rights.

The state must adopt measures for justice, liberty, and equality.

Article 12 – Secularism and Freedom of Religion

Declares the state shall ensure religious freedom.

Prevents the state from favoring any religion in politics or law.

Article 13 – Principles of Ownership

Encourages state ownership of key industries while also allowing private enterprise.

Ensures the economy serves public interest and development.

Article 14 – Emancipation of Peasants and Workers

Aims to protect the rights of workers, farmers, and laborers.

Promotes measures for fair wages, social security, and welfare.

Article 15 – Provision of Basic Necessities

Ensures citizens have access to food, clothing, shelter, education, and healthcare.

Article 16 – Rural Transformation

Calls for rural development, land reform, and poverty alleviation.

Article 17 – Free and Compulsory Education

Education is a fundamental goal, with emphasis on universal primary education.

Article 18 – Public Health and Nutrition

State must ensure basic health services, sanitation, and proper nutrition.

Article 19 – Equality of Opportunity

Promotes equal opportunities for all citizens in employment and public life.

Article 20 – Work as a Right and Duty

Every citizen has the right to work and the duty to contribute to society.

Article 21 – Duties of Citizens and Public Servants

Outlines responsibilities like obeying the Constitution, respecting laws, and contributing
to national development.

Article 22 – Separation of Judiciary from Executive

Ensures independence of the judiciary from government interference.

Article 23 – Preservation of Culture

Protects Bangladesh’s heritage, language, and cultural identity.

Article 24 – National Monuments

Recognizes and preserves historic sites and monuments of national importance.

Article 25 – Promotion of International Peace

Bangladesh shall promote peace, security, and international cooperation.

Part III – Fundamental Rights (Articles 26–47A)

This part of the Constitution is all about protecting the basic rights of every citizen. Unlike
some principles that are just guidelines, these rights are enforceable by law, if anyone tries to
violate them, citizens can go to court.

Main Rights

Equality and Non-Discrimination

 • Every citizen is equal before the law (Article 26).
• No one can be treated differently because of religion, race, caste, gender, or birthplace
(Article 27).
• Everyone should have equal opportunities, especially in public jobs, though special
support may be given to women or disadvantaged groups (Article 28).

Life, Liberty, and Security

• No one can be unlawfully deprived of life or freedom (Articles 31–32).

• Forced labor, slavery, or arbitrary detention is strictly forbidden (Articles 33–34).

Freedom of Movement, Assembly, and Association

• Citizens can move freely anywhere in the country (Article 34).

• They have the right to peacefully assemble and form associations, unions, or political
parties (Articles 35–36).

Freedom of Thought, Expression, and Religion

• Every citizen enjoys freedom of speech, thought, and conscience (Article 37).
• Freedom of religion is guaranteed: you can practice, preach, or change religion without
fear (Article 38).

Right to Work, Property, and Education

• Citizens can choose any lawful profession or occupation (Article 39).

• The Constitution protects property rights, including those of religious and charitable
institutions (Articles 29 & 40).
• Minorities have the right to run their educational institutions and preserve their culture
(Articles 41–42).

Access to Justice

• If any right is violated, citizens can directly go to the courts, especially the High Court,
to seek enforcement of their rights (Article 43).
• There are some special provisions during emergencies, but they are carefully balanced
to protect citizens’ rights (Articles 44–47A).

Part IV – The Executive (Articles 48–64)

This part explains how the executive branch of the government works—essentially, the
President, Prime Minister, and Cabinet. It ensures that the government runs efficiently while
being accountable to the people.
The President (Articles 48–55)

The President is the head of state and a symbol of national unity (Article 48).

The President is elected by the Parliament for a fixed term (Article 50).

Though the President is the ceremonial head, he/she has some powers like appointing
the Prime Minister, judges, and other officials, but these are mostly on the advice of
the Prime Minister.

The President can grant pardons and reprieves (Article 49).

The Prime Minister and Cabinet (Articles 56–64)

The Prime Minister is the head of government and holds real executive power (Article
56).

The Prime Minister is appointed by the President, usually the leader of the majority
party in Parliament.

The Cabinet (ministers) is collectively responsible to Parliament, meaning they must

answer to elected representatives (Article 57).

Ministers assist the Prime Minister in policy-making, administration, and

implementation of laws.

There are provisions for temporary absence, resignation, or removal of ministers

(Articles 58–64).

Part V – The Legislature (Articles 65–93)

This part deals with Parliament (Jatiya Sangsad), which is the law-making body of
Bangladesh. It explains how the legislature works, its powers, and responsibilities.

Composition of Parliament (Articles 65–71)

Bangladesh has a unicameral legislature called the Jatiya Sangsad (Article 65).

Members are elected by the people through direct elections for five-year terms.

Seats are also reserved for women, allocated proportionally to political parties (Article
65A).

Parliament represents the people and is responsible for making laws and approving
the budget.
Powers and Functions (Articles 72–77)

Parliament can make, amend, or repeal laws.

It approves the national budget, taxation, and government spending.

It can summon or dissolve itself according to the Constitution.

Parliament has the power to remove the Prime Minister or ministers through a vote of
no confidence.

Legislative Procedure (Articles 78–93)

A bill becomes law only after being passed by Parliament and assented to by the
President.

Parliament has committees to examine bills, budgets, and public accounts.

Members enjoy freedom of speech in Parliament and cannot be prosecuted for their
speeches (Article 70–71).

The Speaker and Deputy Speaker manage proceedings and maintain order

Part VI – The Judiciary (Articles 94–116A)

Supreme Court (Articles 94–98)

The Supreme Court is the highest judicial authority in Bangladesh and is divided into two
divisions:

1. Appellate Division – Handles appeals from the High Court Division and delivers final
decisions in legal disputes.
2. High Court Division – Deals with original cases, including fundamental rights
petitions, and has the power of judicial review to ensure laws and government actions
comply with the Constitution.

The Supreme Court serves as the ultimate guardian of justice, fairness, and constitutional
order in the country.

Judges and Their Appointment (Articles 95–98A)

Judges of the Supreme Court are appointed by the President, usually following the
advice of the Prime Minister.
 Judges must be independent, impartial, and legally qualified, with their integrity and
competence carefully considered.

Provisions regarding retirement, removal, and protection of salaries help maintain the
independence of the judiciary, shielding judges from political pressure.

Part VII – Elections (Articles 118–126)

Election Commission (Articles 118–122)

The Election Commission is an independent body responsible for conducting all

elections to Parliament, local bodies, and the President’s office.

It is headed by the Chief Election Commissioner along with other Election

Commissioners.

Commissioners are appointed by the President and are expected to act independently
without influence from the government or political parties.

The Commission supervises voter registration, nomination of candidates, polling,

counting of votes, and declaration of results.

Parliamentary Elections and President Elections (Articles 123–126)

Members of Parliament are elected directly by the people through universal adult
suffrage.

The President is elected by the Parliament following the rules set by the Election
Commission.

Parliament elections are held every five years, unless dissolved sooner.

Provisions exist to handle disputes or challenges regarding elections to ensure

legitimacy and fairness.

Part VIII – The Comptroller and Auditor-General (Articles 127–132)

Article 127 – Appointment and Functions
 The CAG is appointed by the President.

Responsible for auditing all receipts and expenditures of the government, including
ministries, departments, and autonomous bodies.

Reports are submitted to Parliament for oversight.

Article 128 – Conditions of Service and Independence

The CAG enjoys protection of tenure, salary, and conditions of service to remain
independent.

Cannot be arbitrarily removed, ensuring neutrality and impartiality.

Articles 129–132 – Powers and Reporting

CAG has the authority to inspect and examine accounts of all public offices and
authorities.

Ensures that public funds are used according to law and budgetary allocations.

Provides reports to Parliament, helping lawmakers hold the executive accountable.

Part IX – The Services of Bangladesh (Articles 133–141A)

Article 133 – Public Services

All public services in Bangladesh are regulated under the Constitution.

Ensures that services are provided impartially and efficiently for the benefit of the
public.

Article 134 – Public Service Commissions

Establishes Public Service Commissions for recruitment and management of civil

services.

Ensures fair selection, promotion, and discipline of officers.

Article 135 – Appointment of Commission Members

Members of the Public Service Commissions are appointed by the President.

 Members must be experienced, competent, and impartial.

Articles 136–137 – Functions of the Commission

Conduct examinations for recruitment to civil services.

Advise the government on appointments, promotions, and disciplinary matters.

Ensure that recruitment is merit-based and non-partisan.

Articles 138–141A – Additional Provisions

Include terms of office, tenure, retirement, and removal of commission members.

Protect the independence and integrity of the commissions.

Allow Parliament to make rules regarding civil services while maintaining

constitutional safeguards.

Part IXA – The Local Government (Articles 142–147)

Article 142 – Structure of Local Government

Establishes local government institutions at the union, upazila, and city levels.

Empowers local bodies to perform administrative, developmental, and regulatory

functions.

Article 143 – Elections to Local Bodies

Local representatives are elected directly by the people.

Ensures that local governments are democratic and representative.

Article 144 – Powers of Local Government

Local bodies can levy taxes, manage budgets, and implement development programs.

Ensures local authorities address community needs efficiently.

Article 145 – Supervision and Control

The central government may supervise local governments to ensure they follow the law
and policies.

Balances autonomy with accountability.

Articles 146–147 – Additional Provisions

Define terms, conditions, and responsibilities of local representatives.

Provide measures to strengthen local democracy and citizen participation.

Part X – Amendment of the Constitution (Articles 148–152)

Article 148 – Power of Parliament to Amend

Parliament has the authority to amend any part of the Constitution.

Amendments require a two-thirds majority of the total members of Parliament.

This ensures that changes reflect broad consensus, not just a simple majority.

Article 149 – Procedure for Amendment

A proposed amendment must be introduced as a bill in Parliament.

After discussion and approval by a two-thirds majority, the President must give assent
for it to become law.

Articles 150–152 – Miscellaneous Provisions

Certain provisions, such as the fundamental principles of state policy and basic
structure, cannot be violated.

Safeguards ensure that amendments do not undermine democracy, rule of law, or

citizens’ fundamental rights.

Article 153 – The Public Accounts Committee

Article 153 establishes the Public Accounts Committee (PAC) in Parliament.

The PAC examines government expenditures to ensure they are made according to the
law and the budget.
 It plays a key role in holding the executive accountable for public spending.

The committee is composed of members of Parliament, usually chaired by a senior

opposition member, promoting transparency and checks on government finances.

▪ Constitutional Amendments of Bangladesh:

1st Amendment (1973)

• After the Liberation War of 1971, demand for justice for war crimes was very strong.
• Added provisions to try war criminals (collaborators of Pakistan army).
• Allowed restrictions on some fundamental rights for this trial.

2nd Amendment (1973)

• The government felt the need to handle emergency situations like war, disaster, or
internal disorder.
• Inserted Emergency Provisions.
• Allowed suspension of some citizen rights during emergency declared by the President.

3rd Amendment (1974)

• Bangladesh signed a Land Boundary Agreement with India to settle enclave disputes.
• Adjusted the boundaries, exchanged some enclaves, and demarcated territory.

4th Amendment (1975)

• Political unrest and instability grew; Sheikh Mujibur Rahman wanted one-party control.
•
o Switched to Presidential system from Parliamentary.
o Introduced BAKSAL (one-party rule).
o Restricted press freedom and weakened the judiciary.
• This created a highly centralized government.

5th Amendment (1979)

• After Sheikh Mujibur Rahman’s assassination (1975), Bangladesh was under military
rule (Khandaker Mushtaq, then Ziaur Rahman).
•
o Legalized all activities done under martial law (1975–79).
o Added “Bismillah-ar-Rahman-ar-Rahim” in the Constitution’s preamble.
o Changed secularism into more Islamic identity.
6th Amendment (1981)

• After President Ziaur Rahman was assassinated, Justice Abdus Sattar became acting
President and wanted to contest in election.
• Allowed Vice-President or an unelected person to run for President.

7th Amendment (1986)

• General Hussain Muhammad Ershad seized power in a military coup (1982) and later
tried to legalize his rule.
o Approved all activities under martial law (1982–86).
o Gave him indemnity.

8th Amendment (1988)

• Ershad tried to strengthen his support base by appealing to religion.

•
o Declared Islam as the State Religion.
o Allowed establishment of permanent High Court benches outside Dhaka.

9th Amendment (1989)

• Demands for democratic reforms increased.

•
o Introduced direct election of Vice-President.
o Limited Presidential term to 5 years.

10th Amendment (1990)

• Women’s political representation was a rising demand.

• Extended reserved seats for women in Parliament for 10 more years.

11th Amendment (1991)

• In December 1990, Ershad fell due to mass movement. Justice Shahabuddin Ahmed
became Acting President and led a caretaker govt.
•
o Legalized the activities of that 1990 caretaker government.
o Confirmed Shahabuddin’s position as Acting President.

12th Amendment (1991)

• After fall of Ershad, people demanded democracy and parliamentary system.

•
 o Restored Parliamentary system.
o Gave Prime Minister executive powers; President became ceremonial.
o Considered a return to democracy.

13th Amendment (1996)

• Political unrest between AL and BNP about election fairness. Huge demand for neutral
polls.
• Introduced Non-party Caretaker Government system to hold national elections.
• First caretaker govt. oversaw the 1996 elections.

14th Amendment (2004)

• Growing demand for women’s empowerment.

•
o Increased reserved seats for women in Parliament to 45.
o Fixed retirement age of Supreme Court judges at 67 years.

15th Amendment (2011)

• Controversy over caretaker govt. after court declared it unconstitutional.

•
o Abolished caretaker government system.
o Restored the four fundamental principles of the state (nationalism, socialism,
democracy, secularism).
o Banned any future seizure of power by martial law.

16th Amendment (2014)

• Government wanted more control over judiciary.

• Parliament got power to remove Supreme Court judges for misconduct.
• Later struck down by the Supreme Court as unconstitutional.

17th Amendment (2018)

• Reserved seats for women were going to expire.

• C Extended reserved women’s seats for 25 more years.

Thank You!