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Constitution of the People's Republic of Bangladesh

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THE CONSTITUTION OF THE PEOPLE'S REPUBLIC OF BANGLADESH

(As modified up to 17 May, 2004)

CONTENTS

PREAMBLE

PART I
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
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
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
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
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
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
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
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
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
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
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
117. Administrative tribunals

PART VIA-THE NATIONAL PARTY-[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 right 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

SCHEDULES
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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