The Constitution of the People’s Republic of Bangladesh is the supreme law of the independent and sovereign state of Bangladesh. Adopted by the National Assembly on November 4, 1972, and coming into effect on December 16, 1972 (the first anniversary of Bangladesh’s Victory Day), it sets the foundation for the country’s governance, structure, and legal framework. The constitution exists in both  Bengali  and English, with the Bengali version prevailing in the event of any interpretative conflict between the two languages.

Core Features:
1. **Republic and Sovereignty**: The constitution defines Bangladesh as a republic where sovereignty lies with the people. The governance system is based on democratic principles, with the nation being run according to the rule of law. It declares that the judiciary shall be independent, ensuring the separation of powers.

2. **Fundamental Principles**: The constitution enshrines four guiding principles for state governance:
– **Nationalism**: Promoting a unified Bangladeshi identity.
– **Socialism**: Commitment to social and economic justice for all citizens.
– **Democracy**: Ensuring a parliamentary system with the people’s active participation in the political process.
– **Secularism**: Ensuring religious freedom and the absence of discrimination based on faith.

3. **Fundamental Rights**: Citizens are guaranteed a range of civil liberties, including the right to equality, freedom of speech, freedom of religion, and protection from arbitrary detention.

 Amendments and Revisions:
Since its adoption, the constitution has undergone several amendments to reflect changing political and social dynamics. As of April 2018 , a total of 17 amendments had been enacted. Amendments require a two-thirds majority in the National Parliament under Article 142 of the Constitution.

Several high-profile amendments have been nullified by the Supreme Court of Bangladesh, notably:
– **Fifth, Seventh, Thirteenth, and Sixteenth Amendments**: The court ruled these amendments unconstitutional, stating they violated the basic structure of the constitution.

The constitution also outlines the territorial boundaries of the country, specifying that it will be a  sovereign people’s republic  governed by the principles outlined within the text.

The  Bangladeshi Constitution  is more than just the country’s highest law; it is a reflection of the aspirations and values of its people. It provides the legal framework for governance and the protection of civil rights, ensuring that the country remains committed to democratic ideals and the rule of law.

This text provides a brief overview of the constitution’s essential principles, its amendments, and its significance for governance in Bangladesh. For detailed information and legal text, refer to governmental and legal archives or constitutional law references.

History of the Drafting and Printing of the Constitution of Bangladesh

The Constitution of Bangladesh was created with the goal of establishing a sovereign, democratic republic that reflects the aspirations of its people. Following the country’s independence in 1971, the process of drafting the constitution began with the formation of a Constitution Drafting Committee on April 11, 1972. The committee consisted of 34 members and was chaired by Dr. Kamal Hossain, a prominent political figure and legal expert. Some of the key members included Syed Nazrul Islam, Tajuddin Ahmad, Khondaker Mostaq Ahmad, and Suranjit Sengupta.

The committee held multiple meetings between April 17 and October 3, 1972, gathering public opinions and suggestions. From these, 98 recommendations were incorporated into the final draft. Dr. Kamal Hossain presented the draft in the second session of the Constituent Assembly on October 12, 1972. On November 4, 1972, the Assembly formally adopted the constitution, which became effective on December 16, 1972, marking the first anniversary of Bangladesh’s victory in the Liberation War. This day is now celebrated as Constitution Day in the country.

Role of Language and Art

Once the constitution was written, it was essential to ensure its accuracy in Bengali, the language of the majority. A committee was formed, led by Dr. Anisuzzaman, along with language experts Syed Ali Ahsan and Mazharul Islam, to review the Bengali version.

To visually enhance the printed version, an artistic committee was formed under the leadership of Shilpacharya Zainul Abedin, one of Bangladesh’s most revered artists. Other members of the committee included Jainal Abedin, Hashem Khan, Shafiuddin Ahmed, and Samarjit Roy Chowdhury. The constitution’s final version was printed on two offset machines from Crabtree Brand in 1948, with a printing cost of 14,000 taka.

One of these historical printing machines is now preserved and displayed at the Bangladesh National Museum.

Significance and Legacy

At the time of the constitution’s adoption, Sheikh Mujibur Rahman, the Father of the Nation, described it as a document written with the blood of martyrs and reflecting the hopes and dreams of the entire nation. This statement underscores the constitution’s symbolic importance to the identity of Bangladesh as a free and independent state.

The constitution of Bangladesh remains a key instrument in preserving democratic values, guaranteeing fundamental rights, and maintaining the sovereignty of the country. Although it has undergone several amendments since its inception, its core principles remain a guiding light for the governance of the nation.

The Original Constitution of Bangladesh

The original Constitution of Bangladesh was drafted in formal, classical Bengali (known as “Sadhu Bhasha”) and consists of 11 parts, 153 articles, and 7 schedules. The document reflects the foundational principles of the country, including democracy, socialism, secularism, and nationalism.

After its adoption in 1972, the original copy of the constitution has been carefully preserved and is currently kept in the Bangladesh National Museum. This document is significant not only for its legal authority but also for its role in shaping the identity of Bangladesh as an independent nation.

This original version serves as a symbol of the early struggles and aspirations of the people of Bangladesh, marking the culmination of the country’s fight for independence and sovereignty.

Preamble to the Constitution of Bangladesh

The preamble of the Constitution of Bangladesh outlines the foundational values and principles upon which the state is based. Originally drafted in formal Bengali (Sadhu Bhasha), it was amended to include the Islamic invocation “Bismillahir-Rahmanir-Rahim”, meaning “In the name of Allah, the Most Compassionate, the Most Merciful,” after the Fifth Amendment.

The preamble declares the people of Bangladesh as the true source of all power, highlighting the proclamation of independence on March 26, 1971, followed by the Liberation War. It emphasizes the core principles of nationalism, democracy, socialism, and secularism as guiding the nation’s governance.

The preamble also states that the nation is committed to the establishment of a society free from exploitation, where all citizens are guaranteed the rule of law, fundamental human rights, and social, economic, and political justice. Additionally, it reaffirms Bangladesh’s intention to contribute to international peace and cooperation.

Finally, the preamble emphasizes the sanctity of the Constitution, pledging to preserve and protect it as a sacred duty. The Constituent Assembly of Bangladesh formally adopted the Constitution on November 4, 1972, and it came into force on December 16, 1972, the first anniversary of Victory Day.

This document serves as both a reflection of the sacrifices made during the Liberation War and a blueprint for the future of a democratic, sovereign, and inclusive Bangladesh.

Part One: The Republic (Articles 1-7)

This section of the Constitution of Bangladesh lays the foundational principles of the country as a sovereign republic, focusing on its independence, territorial integrity, and constitutional supremacy.

1. The Republic

Bangladesh is declared as a unitary, sovereign state named the “People’s Republic of Bangladesh.” The emphasis here is on the unity and indivisibility of the state, ensuring its independence in governance and sovereignty.

2. Territorial Boundaries

The Constitution defines the territorial boundaries of Bangladesh, including all areas that constituted East Pakistan immediately before the proclamation of independence on March 26, 1971. This also allows for the inclusion of future territories into Bangladesh’s domain, with reference to changes brought about by the Constitution (Third Amendment) Act, 1974, which addresses territorial adjustments.

2A. State Religion

Despite declaring Islam as the state religion, the Constitution emphasizes equal rights and dignity for followers of other religions such as Hinduism, Buddhism, and Christianity, ensuring freedom of practice for all.

3. State Language

The official language of the Republic is Bengali (Bangla), reflecting the cultural and linguistic heritage of the country.

4. National Symbols

• National Anthem: The first ten lines of “Amar Shonar Bangla”.
• National Flag: A green field with a red circle in the center.
• National Emblem: The water lily, flanked by two sheaves of rice, with four stars and three connected jute leaves at the top.

4A. Portrait of the Father of the Nation

A constitutional mandate requires that the portrait of Sheikh Mujibur Rahman, the Father of the Nation, be displayed in key government and semi-government offices, educational institutions, and diplomatic missions.

5. Capital

The capital city is Dhaka, and its boundaries can be regulated and redefined by law.

6. Citizenship

The citizens of Bangladesh are recognized as Bengali by ethnicity, while all citizens of the country, irrespective of ethnicity, are known as Bangladeshi.

7. Supremacy of the Constitution

The Constitution is identified as the supreme law of the land, with all powers exercised only in accordance with it. Any law inconsistent with the Constitution is declared null and void to the extent of the inconsistency.

7A. Criminalization of Constitutional Overthrow

Any attempt to overthrow, suspend, or alter the Constitution through force or unconstitutional means is labeled treason, punishable by law.

7B. Irreversibility of Fundamental Constitutional Principles

Certain fundamental elements of the Constitution, including the preamble, national sovereignty, and democratic principles, are made non-amendable, safeguarding the Constitution’s basic structure from changes.

This section establishes Bangladesh’s democratic, secular, and sovereign identity, ensuring constitutional supremacy and maintaining the core values and integrity of the Republic. It provides the legal and philosophical framework for the governance of the state.

Part II: Principles of State Governance

1. Fundamental Principles (Article 8)
   • The principles of nationalism, socialism, democracy, and secularism are fundamental to the governance of the state. These principles serve as the foundation for law-making, interpretation of laws, and guiding the actions of both the state and its citizens. However, they are not enforceable through the judiciary.
2. Nationalism (Article 9)
   • Nationalism is based on the unity and solidarity of the Bengali people, who achieved independence and sovereignty through a national liberation struggle.
3. Socialism and the Eradication of Exploitation (Article 10)
   • The goal is to establish a socialist economic system to ensure a fair and egalitarian society free from exploitation.
4. Democracy and Human Rights (Article 11)
   • The Republic is to be a democracy that guarantees fundamental human rights and freedoms, respects human dignity, and ensures effective participation of the people through elected representatives.
5. Secularism and Religious Freedom (Article 12)
   • Secularism aims to eliminate all forms of communalism, prevent the state from granting political status to any religion, avoid religious abuse for political purposes, and prevent discrimination or persecution based on religion.
6. Ownership Policy (Article 13)
   • Ownership of the means of production, distribution, and exchange will be managed by the people through state ownership, cooperative ownership, and individual ownership, as defined by law.
7. Liberation of Farmers and Workers (Article 14)
   • The state is responsible for liberating farmers and workers from all forms of exploitation and addressing the needs of marginalized groups.
8. Provision for Basic Needs (Article 15)
   • The state must ensure the provision of basic needs such as food, clothing, shelter, education, and healthcare, and guarantee employment, reasonable wages, rest, recreation, and social security.
9. Rural Development and Agricultural Revolution (Article 16)
   • Efforts will be made to reduce disparities between urban and rural areas through agricultural revolution, rural electrification, and development of rural industries, education, communication, and public health.
10. Free and Compulsory Education (Article 17)
    • The state will establish a free and compulsory education system and work to eliminate illiteracy within a specified timeframe, ensuring that education meets societal needs and prepares well-trained and motivated citizens.
11. Public Health and Morality (Article 18)
    • Improving public health and nutrition is a priority. Measures will be taken to prohibit harmful substances and practices, including prohibition of gambling and prostitution.
12. Environmental Conservation (Article 18A)
    • The state is responsible for environmental protection, conservation of natural resources, biodiversity, wetlands, forests, and wildlife.
13. Equality of Opportunity (Article 19)
    • The state will strive to ensure equal opportunities for all citizens, reduce social and economic disparities, and promote equitable distribution of resources.
14. Work as a Right and Duty (Article 20)
    • Employment is both a right and duty of citizens, with fair compensation based on merit. The state will work to eliminate unearned income and promote productive and humane work.
15. Duties of Citizens and Public Servants (Article 21)
    • Citizens are expected to respect the constitution and laws, maintain discipline, and protect national assets. Public servants must always serve the people.
16. Separation of Powers (Article 22)
    • The state will ensure the separation of the executive and judiciary branches.
17. National Culture (Article 23)
    • The state will safeguard the cultural heritage and promote national language, literature, and arts to enrich the nation’s culture.
18. Cultural Preservation of Minority Groups (Article 23A)
    • The state will protect and promote the unique cultural and traditional heritage of various indigenous, ethnic, and minority groups.
19. Protection of Historical Monuments (Article 24)
    • Measures will be taken to preserve significant historical and artistic monuments and sites from damage or destruction.
20. International Peace and Security (Article 25)
    • The state will adhere to principles of national sovereignty, non-interference, peaceful resolution of international disputes, and support just struggles against imperialism, colonialism, and racial discrimination.

Third Part: Fundamental Rights

1. Repeal of Inconsistent Laws (Article 26)
   • Laws that are inconsistent with the fundamental rights are to be repealed.
2. Equality Before the Law (Article 27)
   • Every citizen is equal before the law and has the right to equal protection of the law.
3. Non-Discrimination (Article 28)
   • No person shall face discrimination by the state on grounds of religion, race, caste, sex, or place of birth.
4. Equal Opportunity in Government Employment (Article 29)
   • All citizens have equal opportunities for employment or appointment in government positions.
5. Prohibition of Foreign Titles and Honors (Article 30)
   • Citizens are prohibited from accepting titles or honors from foreign states.
6. Right to Legal Remedy (Article 31)
   • Every citizen has the right to seek redress from the courts if their fundamental rights are violated.
7. Right to Life and Personal Liberty (Article 32)
   • The right to life and personal liberty is protected and cannot be infringed except according to law.
8. Protection Against Arrest and Detention (Article 33)
   • There are safeguards against arbitrary arrest and detention.
9. Prohibition of Forced Labor (Article 34)
   • Forced labor is prohibited.
10. Protection Against Arbitrary Punishment (Article 35)
    • Legal safeguards are in place to protect against arbitrary punishment and trial.
11. Freedom of Movement (Article 36)
    • Citizens have the right to move freely throughout the country.
12. Freedom of Assembly (Article 37)
    • Citizens have the right to assemble peacefully and without arms.
13. Freedom of Association (Article 38)
    • Citizens have the right to form associations and unions.
14. Freedom of Thought, Conscience, and Speech (Article 39)
    • Individuals have the right to freedom of thought, conscience, and expression.
15. Freedom to Choose Occupation (Article 40)
    • Every citizen has the right to choose their occupation or profession.
16. Freedom of Religion (Article 41)
    • Individuals have the right to practice and propagate their religion freely.
17. Right to Property (Article 42)
    • Citizens have the right to own property, subject to certain limitations.
18. Protection of Home and Communications (Article 43)
    • The privacy of the home and communications is protected against arbitrary invasion.
19. Enforcement of Fundamental Rights (Article 44)
    • Measures are in place to ensure the enforcement of fundamental rights.
20. Modification of Rights Under Emergency Laws (Article 45)
    • Fundamental rights may be modified under specific circumstances, such as during a state of emergency.
21. Immunity Provisions (Article 46)
    • Certain laws and actions are granted immunity from legal challenge.
22. Non-Applicability of Certain Constitutional Provisions (Article 47)
    • Some constitutional provisions may be deemed inapplicable in certain contexts.

Fourth Part: The Executive Branch

Chapter 1: The President

1. The President (Article 48)
   • The President is the head of state and is responsible for certain executive functions.
2. Pardon Powers (Article 49)
   • The President has the authority to grant pardons.
3. Term of Office (Article 50)
   • The President’s term and conditions for re-election are defined.
4. Immunity of the President (Article 51)
   • The President is granted immunity from legal proceedings during their term.
5. Impeachment (Article 52)
   • The procedure for impeaching the President is outlined.
6. Removal Due to Incapacity (Article 53)
   • The process for removing the President due to incapacity is described.
7. Vice-Presidential Succession (Article 54)
   • The Speaker assumes the presidency in cases of absence or incapacity.

Chapter 2: The Prime Minister and the Cabinet

1. The Cabinet (Article 55)
   • The structure and functions of the Cabinet are defined.
2. Ministers (Article 56)
   • The appointment and roles of ministers are outlined.
3. Prime Minister’s Term (Article 57)
   • The Prime Minister’s term and conditions for re-appointment are specified.
4. Ministerial Terms (Article 58)
   • The terms for other ministers are described.

Chapter 3: Local Governance

1. Local Government (Article 59)
   • Provisions for local governance and administrative structures are established.
2. Local Government Powers (Article 60)
   • The powers and responsibilities of local government institutions are outlined.

Chapter 4: Defense

1. Commander-in-Chief (Article 61)
   • The President is the Commander-in-Chief of the armed forces.
2. Defense Organization (Article 62)
   • Regulations for the defense forces and related matters are specified.
3. Warfare (Article 63)
   • Provisions related to warfare and defense are established.

Chapter 5: Attorney General

1. The Attorney General (Article 64)
   • The role and functions of the Attorney General are defined.

Fifth Part: The Legislature

Chapter 1: The Parliament

1. Establishment of Parliament (Article 65)
   • The Parliament is established and its structure is defined.
2. Eligibility and Disqualifications (Article 66)
   • Qualifications and disqualifications for parliamentary membership are outlined.
3. Vacancies (Article 67)
   • Procedures for dealing with vacancies in Parliament are described.
4. Remuneration (Article 68)
   • The remuneration and allowances for members of Parliament are specified.
5. Penalty for Unauthorized Actions (Article 69)
   • Penalties for unauthorized actions by members before taking oath or voting are described.
6. Vacancy Due to Party Resignation (Article 70)
   • Provisions for vacating seats due to resignation from parties or voting against the party are outlined.
7. Restriction on Dual Membership (Article 71)
   • Rules regarding dual membership in Parliament are established.
8. Sessions of Parliament (Article 72)
   • The scheduling and conduct of parliamentary sessions are specified.
9. Presidential Addresses (Article 73)
   • Procedures for Presidential addresses and communications to Parliament are outlined.
10. Ministerial Rights (Article 73A)
    • Rights and responsibilities of ministers in relation to Parliament are defined.
11. Speaker and Deputy Speaker (Article 74)
    • The roles and election of the Speaker and Deputy Speaker are described.
12. Rules and Procedures (Article 75)
    • Rules of procedure, quorum, and other parliamentary practices are established.
13. Permanent Committees (Article 76)
    • The formation and functions of permanent parliamentary committees are outlined.
14. Ombudsman (Article 77)
    • The role and appointment of the Ombudsman are specified.
15. Parliamentary Privileges and Immunities (Article 78)
    • Special rights and immunities for Parliament and its members are described.
16. Parliamentary Secretariat (Article 79)
    • The structure and functions of the parliamentary secretariat are defined.

Chapter 2: Lawmaking and Financial Procedures

1. Legislative Process (Article 80)
   • Procedures for lawmaking are established.
2. Money Bills (Article 81)
   • Provisions related to money bills and their handling are specified.
3. Financial Recommendations (Article 82)
   • Procedures for financial recommendations and appropriations are outlined.
4. Imposition of Taxes (Article 83)
   • Rules regarding the imposition of taxes and financial obligations are described.
5. Consolidated Fund and Government Accounts (Article 84)
   • Regulations for the Consolidated Fund and government accounts are specified.
6. Control of Public Money (Article 85)
   • The control and management of public money are outlined.
7. Annual Financial Statements (Article 86)
   • Requirements for annual financial statements are established.
8. Responsibility for Consolidated Fund (Article 87)
   • Responsibilities related to the Consolidated Fund are described.
9. Financial Statements Procedure (Article 88)
   • Procedures related to financial statements and audits are specified.
10. Specific Legislation (Article 89)
    • Regulations for specific types of legislation are outlined.
11. Supplementary and Additional Grants (Article 90)
    • Procedures for supplementary and additional grants are described.
12. Votes on Accounts and Loans (Article 91)
    • The process for voting on accounts, loans, and related matters is specified.
13. Ordinance-making Power (Article 93)
    • Provisions for the power to issue ordinances are described.