Join our Law Notes WhatsApp Group and stay updated with Legal and Judicial Updates

Constitution of Bangladesh



From Lawnotes.in
Jump to: navigation, search

Constitution of the People's Republic of Bangladesh

(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

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

CHAPTER 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

CHAPTER 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

PART 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

SCHEDULE

Related Topics