THE CONSTITUTION OF THE PEOPLE�S REPUBLIC OF BANGLADESH

THE CONSTITUTION OF THE PEOPLE�S REPUBLIC OF BANGLADESH     1[ BISMILLAH-AR-RAHMAN-AR-RAHIM        (In the name of Allah, the Beneficient, the Merciful)/ In the name of the Creator, the Merciful.] PREAMBLE We, the people of Bangladesh, having proclaimed our independence on the 26th day of March, 1971 and through 2[ a historic struggle for national liberation], established the independent, sovereign People's Republic of Bangladesh; 3[ Pledging that the high ideals of nationalism, socialism, democracy and secularism, which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in, the national liberation struggle, shall be the fundamental principles of the Constitution;] Further pledging that it shall be a fundamental aim of the State to realise through the democratic process a 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.

CONTENTS

SECTIONS

PART I THE REPUBLIC

1. The Republic

2. The territory of the Republic

2A. The state religion

3. The state language

4. National anthem, flag and emblem

4A. Portrait of the Father of the Nation

5. The capital

6. Citizenship

7. Supremacy of the Constitution

7A. Offence of abrogation, suspension, etc . of the Constitution

7B. Basic provisions of the Constitution are not amendable

PART II FUNDAMENTAL PRINCIPLES OF STATE POLICY

8. Fundamental principles

9. Nationalism

10. Socialism and freedom from exploitation

11. Democracy and human rights

12. Secularism and freedom of religion

13. Principles of ownership

14. Emancipation of peasants and workers

15. Provision of basic necessities

16. Rural development and agricultural revolution

17. Free and compulsory education

18. Public health and morality

18A. Protection and improvement of environment and biodiversity

19. Equality of opportunity

20. Work as a right and duty

21. Duties of citizens and of public servants

22. Separation of Judiciary from the executive

23. National culture

23A. The culture of tribes, minor races, ethnic sects and communities

24. National monuments, etc.

25. Promotion of international peace, security and solidarity

PART III FUNDAMENTAL RIGHTS

26. Laws inconsistent with fundamental rights to be void

27. Equality before law

28. Discrimination on grounds of religion, etc.

29. Equality of opportunity in public employment

30. Prohibition of foreign titles, etc.

31. Right to protection of law

32. Protection of right to life and personal liberty

33. Safeguards as to arrest and detention

34. Prohibition of forced labour

35. Protection in respect of trial and punishment

36. Freedom of movement

37. Freedom of assembly

38. Freedom of association

39. Freedom of thought and conscience, and of speech

40. Freedom of profession or occupation

41. Freedom of religion

42. Rights to property

43. Protection of home and correspondence

44. Enforcement of fundamental rights

45. Modification of rights in respect of disciplinary law

46. Power to provide indemnity

47. Saving for certain laws

47A. Inapplicability of certain articles

PART IV THE EXECUTIVE

4CHAPTER I THE PRESIDENT

48. The President

49. Prerogative of mercy

50. Term of office of President

51. President's immunity

52. Impeachment of the President

53. Removal of President on ground of incapacity

54. Speaker to act as President during absence, etc.

CHAPTER II THE PRIME MINISTER AND THE CABINET

55. The Cabinet

56. Ministers

57. Tenure of office of Prime Minister

58. Tenure of office of other Ministers

58A. [OMITTED]

CHAPTER IIA NON PARTY CARE TAKER GOVERNMENT

[OMITTED]

CHAPTER III LOCAL GOVERNMENT

59. Local government

60. Powers of local government bodies

CHAPTER IV THE DEFENCE SERVICES

61. Supreme command

62. Recruitment, etc., of defence services

63. War

CHAPTER V THE ATTORNEY GENERAL

64. The Attorney-General

PART V THE LEGISLATURE

CHAPTER I PARLIAMENT

65. Establishment of Parliament

66. Qualifications and disqualifications for election to Parliament

67. Vacation of seats of members

68. [Remuneration], etc., of members of Parliament

69. Penalty for member sitting or voting before taking oath

70. Vacation of seat on resignation or voting against political party

71. Bar against double membership

72. Sessions of Parliament

73. President�s address and messages to Parliament

73A. Rights of Ministers as respects Parliament

74. Speaker and Deputy Speaker

75. Rules of procedure, quorum, etc.

76. Standing committees of Parliament

77. Ombudsman

78. Privileges and immunities of Parliament and members

79. Secretariat of Parliament

CHAPTER II LEGISLATIVE AND FINANCIAL PROCEDURES

80. Legislative procedure

81. Money Bills

82. Recommendation for financial measures

83. No taxation except by or under Act of Parliament

84. Consolidated Fund and the Public Account of the Republic

85. Regulation of Public moneys

86. Moneys payable to Public Account of Republic

87. Annual financial statement

88. Charges on Consolidated Fund

89. Procedure relating to annual financial statement

90. Appropriation Act

91. Supplementary and excess grants

92. Votes of account, votes of credit, etc.

92A. [Omitted]

CHAPTER III ORDINANCE MAKING POWER

93. Ordinance making power

PART VI THE JUDICIARY

5CHAPTER I THE SUPREME COURT

94. Establishment of Supreme Court

95. Appointment of Judges

96. Tenure of office of Judges

97. Temporary appointment of Chief Justice

98. Additional Supreme Court Judges

99. Disabilities of Judges after retirement

100. Seat of Supreme Court

101. Jurisdiction of High Court Division

102. Powers of High Court Division to issue certain orders and directions, etc.

103. Jurisdiction of Appellate Division

104. Issue and execution of processes of Appellate Division

105. Review of judgments or orders by Appellate Division

106. Advisory jurisdiction of Supreme Court

107. Rule-making power of the Supreme Court

108. Supreme Court as court of record

109. Superintendence and control over courts

110. Transfer of cases from subordinate courts to High Court Division

111. Binding effect of Supreme Court judgments

112. Action in aid of Supreme Court

113. Staff of Supreme Court

CHAPTER II SUBORDINATE COURTS

114. Establishment of subordinate courts

115. Appointments to subordinate courts

116. Control and discipline of subordinate courts

116A. Judicial officers to be independent in the exercise of their functions

CHAPTER III ADMINISTRATIVE TRIBUNALS

117. Administrative tribunals

PART VIA [THE NATIONAL PARTY-Omitted]

[Omitted]

PART VII ELECTIONS

118. Establishment of Election Commission

119. Functions of Election Commission

120. Staff of Election Commission

121. Single electoral roll for each constituency

122. Qualifications for registration as voter

123. Time for holding elections

124. Parliament may make provision as to elections

125. Validity of election law and elections

126. Executive authorities to assist Election Commission

PART VIII THE COMPTROLLER AND AUDITOR GENERAL

127. Establishment of office of Auditor-General

128. Functions of Auditor-General

129. Term of office of Auditor-General

130. Acting Auditor-General

131. Form and manner of keeping public accounts

132. Reports of Auditor General to be laid before Parliament

PART IX THE SERVICES OF BANGLADESH

CHAPTER I SERVICES

133. Appointment and conditions of service

134. Tenure of office

135. Dismissal, etc. of civilian public officers

136. Reorganisation of service

CHAPTER II PUBLIC SERVICE COMMISSIONS

137. Establishment of commissions

138. Appointment of members

139. Term of office

140. Functions of commissions

141. Annual report

6PART IXA EMERGENCY PROVISIONS

141A. Proclamation of emergency

141B. Suspension of provisions of certain articles during emergencies

141C. Suspension of enforcement of fundamental rights during emergencies

PART X AMENDMENT OF THE CONSTITUTION

142. Power to amend any provision of the Constitution

PART XI MISCELLANEOUS

143. Property of the Republic

144. Executive authority in relation to property, trade, etc.

145. Contracts and deeds

145A. International treaties

146. Suits in name of Bangladesh

147. Remuneration, etc., of certain officers

148. Oaths of office

149. Saving for existing laws

150. Transitional and temporary provisions

151. Repeals

152. Interpretation

153. Commencement, citation and authenticity