The Constitution of the People’s Republic of Bangladesh (Act of 1972)

PREAMBLE
We, the people of Bangladesh, having proclaimed our Independence on the 26th day of March,
1971 and through [a historic war for national independence], established the independent,
sovereign People's Republic of Bangladesh;
[Pledging that the high ideals of absolute trust and faith in the Almighty Allah, nationalism,
democracy and socialism meaning economic and social justice, which inspired our heroic people
to dedicate themselves to, and our brave martyrs to sacrifice their lives in the war for national
independence, shall be fundamental principles of the Constitution;]
Further pledging that it shall be a fundamental aim of the State to realise through the democratic
process to socialist society, free from exploitation-a society in which the rule of law, fundamental
human rights and freedom, equality and justice, political, economic and social, will be secured for
all citizens;
Affirming that it is our sacred duty to safeguard, protect and defend this Constitution and to
maintain its supremacy as the embodiment of the will of the people of Bangladesh so that we may
prosper in freedom and may make our full contribution towards international peace and co-
operation in keeping with the progressive aspirations of mankind;
In our Constituent Assembly, this eighteenth day of Kartick, 1379 B.S corresponding to the fourth
day of November, 1972 A.D., do hereby adopt, enact and give to ourselves this Constitution.

THE REPUBLIC
1. The Republic.

Bangladesh is a unitary, independent, sovereign Republic to be known as the People's Republic

of Bangladesh.

2. The territory of the Republic.

The territory of the Republic shall comprise-

1. The territories which immediately before the proclamation of independence on the 26th
day of March, 1971 constituted East Pakistan [and the territories referred to as included
territories in the Constitution (Third Amendment) Act, 1974, but excluding the territories
referred to as excluded territories in that Act; and]
2. such other territories as may become included in Bangladesh.

5. The capital.

(1) The capital of the Republic is [Dhaka].

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

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6. Citizenship.

(1) The citizenship of Bangladesh shall be determined and regulated by law.

(2) The citizens of Bangladesh shall be known as Bangladeshis.

PART II
FUNDAMENTAL PRINCIPLES OF STATE POLICY
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.

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-

1. the provision of the basic necessities of life, including food, clothing, shelter, education
and medical care;
2. the right to work, that is the right to guaranteed employment at a reasonable wage
having regard to the quantity and quality of work;
3. the right to reasonable rest, recreation and leisure; and
4. the right to social security, that is to say to public assistance in cases of undeserved want
arising from unemployment, illness or disablement, or suffered by widows or orphans
or in old age, or in other such cases.

17. Free and compulsory education.

The State shall adopt effective measures for the purpose of -

1. establishing a uniform, mass-oriented and universal system of education and extending

free and compulsory education to all children to such stage as may be determined by
law ;
2. relating education to the needs of society and producing properly trained and
motivated citizens to serve those needs;
3. removing illiteracy within such time as may be determined by law.

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".

21. Duties of citizens and of public servants.

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 (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.

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.

39. Freedom of thought and conscience, and of speech.

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

1. the right of every citizen of freedom of speech and expression; and

2. freedom of the press, are guaranteed.

Part –IV: The Executive:

Chapter- 1: 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.

(4) A person shall not be qualified for election as President if he-

1. is less than thirty-five years of age; or

2. is not qualified for election a member of Parliament; or has been removed from the

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 office of President by impeachment under this Constitution.

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.
CHAPTER II

THE PRIME MINISTER AND THE CABINET

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5 The Cabinet.
.

(1) There shall be a Cabinet for Bangladesh

having the Prime Minister at its head and
comprising also such other Minister as the
Prime Minister may from time to time
designate.

(2) The executive power of the Republic

shall, in accordance with this Constitution,

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 be exercised by or on the authority of the
Prime Minister.

(3) The Cabinet shall be collectively

responsible to Parliament.

(4) All executive actions of the Government

shall be expressed to be taken in the name of
the President.

(5) The President shall by rules specify the

manner in which orders and other
instruments made in his name shall be
attested of authenticated, and the validity or
any order of instrument so attested or
authenticated shall not be questioned in any
court on the ground that it was not duly
made or executed.

(6) The President shall make rules for the

allocation and transaction of the business of
the Government.
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6 Minister.
.

(1) There shall be Prime Minister, and such

other Ministers, Ministers of State and
Deputy Ministers as may be determined by
the Prime Minister.

(2) The appointments of the Prime Minister

and other Ministers and of the Ministers of
State and Deputy Ministers, shall be made by
the President: Provided that not less than
nine-tenths of their number shall be
appointed from among members of
Parliament and not more than one-tenth of
their number may be chosen from among
persons qualified for election as members of
Parliament.

(3) The President shall appoint as Prime

Minister the member of Parliament who
appears to him to command the support of
the majority of the members of Parliament.

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 CHAPTER III

LOCAL GOVERNMENT
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9 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-

1. Administration and the work of

public officers;
2. the maintenance of public order;
3. the preparation and implementation
of plans relating to public services
and economic development.

CHAPTER IV-THE DEFENCE SERVICES

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1 Supreme Command
.

The supreme command of the

defense 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

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 the President.

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2 Recruitment, etc., of defense services
.

(1) Parliament shall by law provide for

regulating-

1. the raising and maintaining of the

defense services of Bangladesh and of
their reserves;
2. the grant of commissions therein;
3. the appointment of Chief of Staff
of the defence services, and
their salaries and allowances;
and
4. the discipline and other matters
relating to those services and reserves.

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3 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

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4 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.

Part-V: The Legislature

Chapter-1: Parliament

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 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:
(2) Parliament shall consist of three hundred members to be elected in accordance with
law from single territorial constituencies by direct election and, for so long as clause (3) is
effective, the members provided for in that clause; the member shall be designated as
Members of Parliament.

(4) The seat of Parliament shall be in the capital.

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Qualifications and disqualifications for election
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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 undercharged insolvent;
(c) acquires the citizenship of, or affirms of
acknowledges allegiance to, a foreign state;
(d) has been, on conviction for a
criminal offence involving moral
turpitude, sentenced to imprisonment
for a term of not less than two years
unless a period of five years has
elapsed since his release;
e) holds any office of profit in this
service of the Republic other than an
office which is declared by law not to
disqualify its holders; or
(g) is disqualified for such election by or under
any law.

Part- VI: The Judiciary

Chapter 1- The Supreme Court

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4 Establishment of Supreme Court
.

(1) There shall be a Supreme Court for

Bangladesh (to be Known as the Supreme
Court of Bangladesh) comprising the
Appeallate Division and the High Court
Division.

(2) The Supreme Court shall consist of the

Chief Justice, to be known as the Chief Justice
of Bangladesh, and such number of other
Judges as the President may deem it
necessary to appoint to each division.

(3) The Chief Justice, and the Judges

appointed to the Appellate Division, shall sit
only in that division, and the other Judges
shall sit only in the High Court Division.

(4) Subject to the provisions of this

Constitution the Chief Justice and the other
Judges shall be independent in the exercise of
their judicial functions.

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5 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 and-

(a) has, for not less than ten years,

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

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Supreme Court.

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