Constitution of Bangladesh English

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THE CONSTITUTION OF THE PEOPLE’S REPUBLIC OF BANGLADESH

[]

1[ BISMILLAH-AR-RAHMAN-AR-RAHIM

(In the name of Allah, the Beneficient, the Merciful)]

PREAMBLE

We, the people of Bangladesh, having proclaimed our independence on the 26th day of March, 1971 and through 2[ a historic war for national independence], established the independent, sovereign People's Republic of Bangladesh;

3[ 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 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.

PART I

 

THE REPUBLIC

 

The Republic

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

The territory of the Republic

2. The territory of the Republic shall comprise –

 

 

 

(a) the territories which immediately before the Proclamation of Independence on the 26th day of March, 1971 constituted East Pakistan 4[ 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.

The state religion

5[ 2A. The state religion of the Republic is Islam, but other religions may be practised in peace and harmony in the Republic.]

The state language

3. The state language of the Republic is 6[ Bangla].

National anthem, flag and emblem

4. (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 (nymphaea 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.

Portrait

7[ 4A. (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.]

The capital

5. (1) The capital of the Republic is 8[ Dhaka].

 

 

 

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

Citizenship

9[ 6. (1) The citizenship of Bangladesh shall be determined and regulated by law.

 

 

 

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

Supremacy of the Constitution

7. (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

 

Fundamental principles

8. 10[ (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.

Promotion of local Government institutions

11[ 9. 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.

Participation of women in national life

10. Steps shall be taken to ensure participation of women in all spheres of national life.]

Democracy and human rights

11. 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 12[ * * *] 13[ , and in which effective participation by the

 

people through their elected representatives in administration at all levels shall be ensured].

[Omitted]

12. [Secularism and freedom of religion.- omitted by Article 5 of the Proclamations (Amendment) Order, 1977 (Proclamations Order No. I of 1977).]

Principles of ownership

13. 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.

Emancipation of peasants and workers

14. 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.

Provision of basic necessities

15. 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.

Rural development and agricultural revolution

16. 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.

Free and compulsory education

17. 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.

Public health and morality

18. (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.

Equality of opportunity

19. (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.

Work as a right and duty

20. (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.

Duties of citizens and of public servants

21. (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.

Separation of Judiciary from the executive

22. The State shall ensure the separation of the judiciary from the executive organs of the State.

National culture

23. 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.

National monuments, etc

24. 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.

Promotion of international peace, security and solidarity

25. 14[ (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.

 

 

 

15[ (2) The State shall endeavour to consolidate, preserve and strengthen fraternal relations among Muslim countries based on Islamic solidarity.]

PART III

 

FUNDAMENTAL RIGHTS

 

Laws inconsistent with fundamental rights to be void

26. (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.

 

 

 

16[ (3) Nothing in this article shall apply to any amendment of this Constitution made under article 142.]

Equality before law

27. All citizens are equal before law and are entitled to equal protection of law.

Discrimination on grounds of religion, etc

28. (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.

Equality of opportunity in public employment

29. (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.

Prohibition of foreign titles, etc

17[ 30. No citizen shall, without the prior approval of the President, accept any title, honour, award or decoration from any foreign state.]

Right to protection of law

31. 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.

Protection of right to life and personal liberty

32. No person shall be deprived of life or personal liberty save in accordance with law.

Safeguards as to arrest and detention

18[ 33. (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).]

Prohibition of forced labour

34. (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.

Protection in respect of trial and punishment

35. (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.

Freedom of movement

36. 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.

Freedom of assembly

37. 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.

Freedom of association

38. 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:

 

 

 

19[ * * *]

Freedom of thought and conscience, and of speech

39. (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.

Freedom of profession or occupation

40. 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.

Freedom of religion

41. (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.

Rights to property

42. (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.

 

 

 

20[ (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 requisition of any property without compensation.]

Protection of home and correspondence

43. 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.

Enforcement of fundamental rights

21[ 44. (1) The right to move the 22[ High Court Division] in accordance with 23[ 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 24[ 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.]

Modification of rights in respect of disciplinary law

45. 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.

Power to provide indemnity

46. 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 of order in any area in Bangladesh or validate any sentence passed, punishment inflicted, forfeiture ordered, or other act done in any such area.

Saving for certain laws

47. (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 Part –

 

 

 

(a) the compulsory acquisition, nationalisation or requisition of any property, or the control or 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:

 

 

 

25[ Provided that nothing in this article shall prevent amendment, modification or repeal of any such law.]

 

 

 

26[ (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.]

Inapplicability of certain articles

27[ 47A. (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

 

28 CHAPTER I

 

THE PRESIDENT

The President

48. (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.

Prerogative of mercy

49. 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.

Term of office of President

50. (1) Subject to the provisions of this Constitution, the President shall hold office for a term of five years form 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.

President's immunity

51. (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 his 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.

Impeachment of the President

52. (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 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.

Removal of President on ground of incapacity

53. (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.

Speaker to act as President during absence, etc

54. 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 II

 

THE PRIME MINISTER AND THE CABINET

The Cabinet

55. (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 or 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.

Ministers

56. (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.

Tenure of office of Prime Minister

57. (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.

Tenure of office of other Ministers

58. (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.

Application of Chapter

29[ 58A. 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 IIA

 

NON PARTY CARE TAKER GOVERNMENT

The Non Party Care-taker Government

58B. (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).

Composition of the Non Party Care taker Government, appointment of Advisers, etc

58C. (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 organisation associated with or affiliated to any political party;

 

 

 

(c) not, and have agreed in writing not to be, candidates for the ensuing 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.

Functions of Non-Party Care taker Government

58D. (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.

Certain provisions of the Constitution to remain ineffective

58E. 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 ad

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