1[BISMILLAH-AR-RAHIMAN-AR-RAHIM (In the name of Allah, the Beneficent,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 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. Contents |
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PART I
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THE REPUBLIC | |
Article: | |
1. | The Republic |
2. | The territory of the Republic |
2A. | The State religion |
3. | The State language |
4. | National anthem, flag and emblem |
5. | The capital |
6. | Citizenship |
7. | Supremacy of the Constitution |
PART II FUNDAMENTAL
PRINCIPLES OF STATE POLICY
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8. | Fundamental principles |
9. | Promotion of local Government
institutions |
10. | Participation of women in national
life |
11. | Democracy and human rights |
12. | [Omitted] |
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 |
19. | Equality of opportunity |
20. | Work as a right and duty |
21. | Duties of citizens and of public
servants |
22. | Seperation of judiciary from the
excutive |
23. | National culture |
24. | National monuments, etc. |
25. | Promotion of international peace, security and
solidarity |
PART III
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FUNDAMENTAL RIGHTS | |
26. | Laws inconsistent with fundamental rights to be
void |
27. | Equality before law |
28. | Discremination on grounds of religion,
etc. |
29. | Eqality 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. | Safegards 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 procession or occupation |
41. | Freedom of religion |
42. | Rights of 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
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THE EXECUTIVE | |
CHAPTER I - THE PRESIDENT | |
48. | The President |
49. | Prerogative of marcy |
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
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55. | The Cabinet |
56. | Minister |
57. | Tenure of office of Prime Minister |
58. | Tenure of office of other Minister |
58A. | Application of Chapter |
CHAPTER II A
- NON-PARTY CARE TAKER GOVERNMENT
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58B. | Non-Party Care-taker Government |
58C. | Composition of the Non-Party Care-taker Government,
appointment of Advisers, etc. |
58D. | Functions of Non-Party Care-taker
Government |
58E. | Certain provisions of the Constitution to remain
ineffective |
CHAPTER III -
LOCAL GOVERNMENT
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59. | Local Government |
60. | Powers of local government bodies |
61. | Supreme Command |
62. | Recuitment, 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,
etc. |
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. | Stading committees of Parliament |
77. | Ombudsman |
78. | Privileges and immunities of Parliament and
members |
79. | Secretariat of Parliament |
CHAPTER
II-LEGISLATIVE AND FINANCIAL PROCEDURES
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80. | Legislative procedure |
81. | Money Bills |
82. | Recommendation for financial
measures |
83. | Mo 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 on account, votes of credit,
etc. |
92A. | [Omitted] |
CHAPTER
III-ORDINANCE MAKING POOWER
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93. | Ordinance making power |
PART VI
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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 |
100. | Seat of Supreme Court |
101. | Jueisdiction 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 ececution of processis 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
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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-ADNINISTRATIVE TRIBUNALS
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117. | Administrative tribunals |
PART VIA-THE
NATIONAL PARTY-[OMITTED]
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PART VII
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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
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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
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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
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137. | Establishment of Commissions |
138. | Appointment of members |
139. | Term of office |
140. | Functions of Commissions |
141. | Annual report |
PART IXA
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EMERGENCY PROVISIONS | |
141A. | Proclamation of Emergency |
141B. | Suspension of provisions of certain articles during
emergencies |
141C. | Suspension of enforcement of fundamental right during
emergencies |
PART X
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AMENDMENT OF THE CONSTITUTION | |
142. | Power to amend any provision of the
Constitution |
PART XI
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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 |
SCHEDULES
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FIRST SCHEDULE -Laws effective
notwithstanding other provisions | |
SECOND SCHEDULE -Election of President
[Omitted] | |
THIRD SCHEDULE -Oaths and
affirmations | |
FOURTH SCHEDULE -Transitional and
temporary provisions | |
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