‌Constitution of the People's Republic of Bangladesh‌‌

CONSTITUTION OF THE PEOPLE'S REPUBLIC OF BANGLADESH 1

PREAMBLE 4

Section (1) : Fundamental Principles of State Policy 4

Article (1) : Sovereignty and Territorial Integrity 4

Article (2) : Secularism and Religious Freedom 4

Article (3) : Rule of Law 5

Article (4) : Social and Economic Justice 5

Article (5) : Environmental Protection and Sustainable Development 5

Article (6) : Promotion of National Unity and Integrity 5

Article (7) : Democratic Governance 5

Article (8) : Protection of Marginalized and Vulnerable Groups 6

Section (2) : Fundamental Rights and Duties 6

Article (9) : Equality Before Law 6

Article (10) : Right to Life and Personal Liberty 6

Article (11) : Freedom of Speech, Assembly, and Association 6

Article (12) : Freedom of Religion and Cultural Rights 6

Article (13) : Freedom of the Press and Independent Journalism 7

Article (14) : Right to Education and Health 8

Article (15) : Duties of Citizens 8

Article (16) : Right to Property 8

Article (17) : Protection from Arbitrary Detention and Torture 8

Article (18) : Right to a Fair Trial 8

Article (19) : Freedom of Movement 8

Article (20) : Right to Privacy 9

Article (21) : Right to Social Security 9

Article (22) : Right to Work and Just Conditions of Work 9

Article (23) : Right to Participate in Government 9

Article (24) : Prohibition of Torture, Kidnapping, and Extrajudicial Activities 9

Section (3) : Directive Principles of State Policy 11

Article (25) : Principles for the Guidance of State Policy 11

Article (26) : Social and Economic Development 11

Article (27) : Protection of the Environment 11

Article (28) : Promotion of Education and Science 12

Article (29) : Health and Nutrition 12

Article (30) : Promotion of Social Justice 12

Article (31) : Protection and Promotion of Culture 12

Article (32) : Encouragement of Arts and Sports 12

Article (33) : Rural Development 12

Article (34) : Women's Empowerment 12

Article (35) : Child Welfare 13

Section (4) : Structure of the Government 13

Article (36) : The Executive 13

Article (37) : The Legislature 14

Article (38) : The Judiciary 15

Section (5) : Federal and Regional Governance 17

Article (39) : Division of Powers 17

Article (40) : Regional Autonomy 18

Article (41) : Governance Structure of Autonomous Regions 18

Article (42) : Mechanisms for Cooperation and Coordination 19

Article (43) : Financial Relations 19

Section (6) : Local Governance 19

Article (44) : Structure and Functions of Local Government Bodies 19

Article (45) : Panchayat System and Municipalities 19

Article (46) : Participation of Local Communities in Governance 20

‌Preamble‌

We, the people of Bangladesh,

Having resolved to constitute Bangladesh into a democratic, secular, and socialist state,

Ensuring the dignity of the individual, the equality of all citizens, and the unity and integrity of the nation,

Guided by the ideals and sacrifices of our struggles for freedom from the British Empire, the oppression by Pakistani rulers, and the dictators who have governed the country since independence,

Determined to secure for all our citizens:

• Justice, social, economic, and political;

• Liberty of thought, expression, belief, faith, and worship;

• Equality of status and opportunity;

• And to promote fraternity among all our citizens, assuring the dignity of the individual and the unity and integrity of our nation;

Do hereby adopt, enact, and give to ourselves this Constitution.

‌Section (1) : Fundamental Principles of State Policy‌

‌Article (1) : Sovereignty and Territorial Integrity‌

1. Bangladesh is a sovereign, independent republic.

2. The sovereignty of Bangladesh resides in the people and is exercised through their elected representatives and the institutions established by this Constitution.

3. The territorial integrity of Bangladesh shall be inviolable, and any attempt to disrupt it shall be considered an act of treason.

‌Article (2) : Secularism and Religious Freedom‌

1. The state shall uphold and practice the principles of secularism.

2. Every citizen shall have the right to profess, practice, and propagate any religion or no religion.

3. The state shall not grant any special privilege or favour to any religion and shall treat all religions equally.

4. The state shall ensure that no citizen is discriminated against on the grounds of religion or belief.

‌Article (3) : Rule of Law‌

1. The Constitution shall be the supreme law of Bangladesh, and any law inconsistent with this Constitution shall be void.

2. All individuals and institutions, public and private, shall be accountable under the law.

3. The independence and impartiality of the judiciary shall be maintained to ensure justice and the rule of law.

‌Article (4) : Social and Economic Justice‌

1. The state shall strive to eliminate inequalities in income, status, facilities, and opportunities.

2. The state shall endeavour to create a society free from exploitation, ensuring equitable distribution of wealth and resources.

3. Special measures shall be taken to protect and uplift the marginalized and vulnerable sections of society, including women, children, and minorities.

‌Article (5) : Environmental Protection and Sustainable Development‌

1. The state shall ensure the protection, conservation, and improvement of the environment.

2. The state shall promote sustainable development to meet the needs of the present without compromising the ability of future generations to meet their own needs.

3. Measures shall be taken to prevent pollution and environmental degradation and to promote environmental awareness among all citizens.

‌Article (6) : Promotion of National Unity and Integrity‌

1. The state shall foster a spirit of unity and integrity among all citizens of Bangladesh.

2. Efforts shall be made to eliminate barriers that impede national unity, including discrimination based on race, ethnicity, religion, or language.

3. The state shall promote the use of the Bangla language while preserving the cultural and linguistic heritage of all communities.

‌Article (7) : Democratic Governance‌

1. The state shall ensure that all government institutions are based on democratic principles and operate in a transparent and accountable manner.

2. Free and fair elections shall be held regularly to elect representatives at all levels of government.

3. The state shall encourage the active participation of all citizens in public life and decision-making processes.

‌Article (8) : Protection of Marginalized and Vulnerable Groups‌

1. The state shall take special measures to protect and promote the rights and interests of marginalized and vulnerable groups, including women, children, the elderly, persons with disabilities, and ethnic minorities.

2. Programs and policies shall be implemented to ensure their full and equal participation in all aspects of society.

3. The state shall provide social security and welfare measures to support these groups and improve their quality of life.

‌Section (2) : Fundamental Rights and Duties‌

‌Article (9) : Equality Before Law‌

1. All citizens of Bangladesh shall be equal before the law and shall be entitled to equal protection of the law.

2. The state shall not discriminate against any citizen on the grounds of religion, race, caste, sex, or place of birth.

‌Article (10) : Right to Life and Personal Liberty‌

1. Every person has the inherent right to life, and no one shall be arbitrarily deprived of their life.

2. Every person has the right to personal liberty and security, and no one shall be subjected to arbitrary arrest, detention, or exile.

‌Article (11) : Freedom of Speech, Assembly, and Association‌

1. Every citizen has the right to freedom of speech and expression, subject to reasonable restrictions imposed by law in the interest of national security, public order, or morality.

2. Every citizen has the right to assemble peacefully and without arms, subject to reasonable restrictions imposed by law.

3. Every citizen has the right to form associations and unions, subject to reasonable restrictions imposed by law in the interest of national security, public order, or morality.

‌Article (12) : Freedom of Religion and Cultural Rights‌

1. Every citizen has the right to profess, practice, and propagate any religion or no religion.

2. Every citizen has the right to participate in the cultural life of their community and to enjoy their own culture, practice their own religion, and use their own language.

   ‌Article (13) : Freedom of the Press and Independent Journalism‌

   1. ‌Freedom of the Press

      1. The state shall recognize and uphold the freedom of the press as an essential component of democracy.

      2. The press shall operate free from censorship, undue influence, and interference from governmental and non-governmental entities.

      3. The state shall protect the rights of journalists to report freely and independently, without fear of persecution, harassment, or violence.

   2. ‌Prevention of Media Ownership Concentration

      1. Measures shall be taken to prevent media ownership concentration by autocrats and manipulators, ensuring a diverse and pluralistic media environment.

      2. The state shall ensure transparent and fair media ownership regulations to prevent monopolies and promote competition.

   3. ‌Promotion of Independent Journalism

      1. The state shall encourage and support independent journalism, providing legal and financial frameworks that foster media independence and integrity.

      2. Financial assistance and incentives shall be provided to support independent media outlets and journalists.

   4. ‌Non-biased Reporting and Ethical Standards

      1. The state shall promote non-biased reporting and uphold ethical standards in journalism, ensuring the accurate and fair dissemination of information to the public.

      2. Codes of conduct and ethical guidelines for journalists and media organizations shall be established and enforced.

   5. ‌Regulatory Oversight

1. An independent regulatory body shall be established to oversee media practices, address grievances, and ensure compliance with ethical standards and press freedom principles.

2. The regulatory body shall operate transparently and independently, free from governmental and commercial pressures.

‌Article (14) : Right to Education and Health‌

1. Every citizen has the right to free and compulsory primary education.

2. The state shall take measures to ensure access to education at all levels and to provide equal educational opportunities for all.

3. Every citizen has the right to the highest attainable standard of health and to access health care services.

‌Article (15) : Duties of Citizens‌

1. Every citizen has a duty to uphold and defend the Constitution and the sovereignty, unity, and integrity of Bangladesh.

2. Every citizen has a duty to promote harmony and the spirit of common brotherhood among all people of Bangladesh.

3. Every citizen has a duty to protect and improve the natural environment, including forests, lakes, rivers, and wildlife.

‌Article (16) : Right to Property‌

1. Every citizen has the right to acquire, hold, and dispose of property subject to reasonable restrictions imposed by law in the public interest.

2. The state shall not deprive any citizen of their property except in accordance with law and for a public purpose, and the state shall ensure fair and adequate compensation in such cases.

‌Article (17) : Protection from Arbitrary Detention and Torture‌

1. No person shall be subjected to arbitrary arrest, detention, or exile.

2. No person shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment.

‌Article (18) : Right to a Fair Trial‌

1. Every person has the right to a fair and public hearing by an independent and impartial tribunal in the determination of their rights and obligations or any criminal charge against them.

2. Every person charged with a criminal offense has the right to be presumed innocent until proven guilty according to law.

‌Article (19) : Freedom of Movement‌

1. Every citizen has the right to move freely throughout Bangladesh and to reside in any part of the country, subject to reasonable restrictions imposed by law in the interest of national security, public order, or public health.

2. Every citizen has the right to leave Bangladesh and to return to it, subject to reasonable restrictions imposed by law.

‌Article (20) : Right to Privacy‌

1. Every person has the right to privacy and to protection from arbitrary or unlawful interference with their privacy, family, home, or correspondence.

2. The state shall ensure the protection of personal data and respect for private life.

‌Article (21) : Right to Social Security‌

1. The state shall provide social security to citizens in cases of unemployment, illness, disability, old age, or other conditions beyond their control.

2. The state shall take measures to establish and maintain a system of social insurance or other means of social security.

‌Article (22) : Right to Work and Just Conditions of Work‌

1. Every citizen has the right to work and to pursue a freely chosen or accepted occupation.

2. The state shall ensure just and favourable conditions of work, including fair wages, safe and healthy working conditions, and equal opportunity for promotion.

‌Article (23) : Right to Participate in Government‌

1. Every citizen has the right to take part in the government of Bangladesh, directly or through freely chosen representatives.

2. Every citizen has the right to access public service in Bangladesh on equal terms.

   ‌Article (24) : Prohibition of Torture, Kidnapping, and Extrajudicial Activities‌

   1. ‌Prohibition of Torture

      1. No person shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment, in accordance with the United Nations Convention Against Torture (UNCAT).

      2. The use of torture for any purpose, including the extraction of confessions or information, is strictly prohibited.

      3. Any public official or person acting in an official capacity who engages in, orders, or condones torture shall be held accountable and subject to criminal prosecution and appropriate penalties.

   2. ‌Prohibition of Kidnapping and Forced Disappearance

      1. No person shall be subjected to kidnapping, forced disappearance, or any form of unlawful detention, in alignment with the International Covenant on Civil and Political Rights (ICCPR).

      2. All arrests and detentions shall be carried out in accordance with the law, and individuals shall be promptly informed of the reasons for their arrest and any charges against them.

      3. Any public official or person acting in an official capacity who engages in, orders, or condones kidnapping or forced disappearance shall be held accountable and subject to criminal prosecution and appropriate penalties.

   3. ‌Protection of Political Opponents and Critics

      1. The state shall protect the rights of political opponents, critics, and activists to freely express their views and participate in political activities without fear of persecution, harassment, or violence.

      2. Any acts of intimidation, harassment, or violence against political opponents, critics, and activists shall be promptly investigated, and perpetrators shall be held accountable.

   4. ‌Prohibition of Extrajudicial Activities

      1. The state shall prohibit all forms of extrajudicial activities, including surveillance, spying, and unlawful interference in the private lives of individuals.

      2. Any public official or person acting in an official capacity who engages in, orders, or condones extrajudicial activities shall be held accountable and subject to criminal prosecution and appropriate penalties.

   5. ‌Oversight and Accountability Mechanisms

      1. An independent Human Rights Commission shall be established to monitor, investigate, and report on cases of torture, kidnapping, forced disappearance, and extrajudicial activities.

      2. The Human Rights Commission shall have the authority to conduct investigations, summon witnesses, and access relevant documents and evidence.

      3. The findings and recommendations of the Human Rights Commission shall be made public, and the state shall take appropriate actions to address any violations identified.

   6. ‌Legal Remedies and Compensation

      1. Victims of torture, kidnapping, forced disappearance, and extrajudicial activities shall have the right to seek legal remedies and compensation for the harm suffered.

      2. The state shall provide appropriate legal and financial support to victims seeking justice and compensation.

   7. ‌Training and Education

1. The state shall ensure that all law enforcement and security personnel receive comprehensive training on human rights, the prohibition of torture, and the lawful conduct of arrests and detentions.

2. Public awareness programs shall be conducted to educate citizens about their rights and the mechanisms available for seeking redress for violations.

‌Section (3) : Directive Principles of State Policy‌

‌Article (25) : Principles for the Guidance of State Policy‌

1. The Directive Principles of State Policy are fundamental in the governance of Bangladesh and shall guide the state in making laws and policies.

2. The state shall apply these principles to promote the welfare of the people by securing a social order in which justice, social, economic, and political, shall inform all institutions of national life.

‌Article (26) : Social and Economic Development‌

1. The state shall endeavour to eliminate poverty, ignorance, and inequality and to ensure the well-being of all citizens.

2. The state shall take measures to promote economic development and to secure a fair distribution of wealth and resources.

‌Article (27) : Protection of the Environment‌

1. The state shall take measures to protect and improve the environment and to safeguard the natural resources of Bangladesh.

2. The state shall promote sustainable development and the conservation of biodiversity.

‌Article (28) : Promotion of Education and Science‌

1. The state shall ensure access to education for all citizens and shall take steps to promote literacy and higher education.

2. The state shall promote scientific research and technological innovation to advance national development.

‌Article (29) : Health and Nutrition‌

1. The state shall take measures to improve public health and to provide adequate medical facilities for all citizens.

2. The state shall promote proper nutrition and ensure access to safe and nutritious food.

‌Article (30) : Promotion of Social Justice‌

1. The state shall endeavour to create a society based on social justice and equality.

2. The state shall take steps to reduce income disparities and to provide social services to the underprivileged and marginalized sections of society.

‌Article (31) : Protection and Promotion of Culture‌

1. The state shall foster and promote the cultural heritage and traditions of all communities in Bangladesh.

2. The state shall take measures to ensure the protection and preservation of historical monuments and places of cultural significance.

‌Article (32) : Encouragement of Arts and Sports‌

1. The state shall promote the development of arts, literature, and sports to enrich the cultural and recreational life of the nation.

2. The state shall support the establishment of institutions and facilities for the promotion of arts and sports.

‌Article (33) : Rural Development‌

1. The state shall take measures to promote the development of rural areas and to improve the quality of life for rural residents.

2. The state shall encourage agricultural productivity and provide support for rural industries and infrastructure.

‌Article (34) : Women's Empowerment‌

1. The state shall promote gender equality and take measures to empower women in all spheres of life.

2. The state shall ensure equal opportunities for women in education, employment, and political participation.

‌Article (35) : Child Welfare‌

1. The state shall ensure the protection and welfare of children and take measures to safeguard their rights.

2. The state shall provide facilities for the proper development of children, including education, healthcare, and recreational activities.

   
   

   ‌Section (4) : Structure of the Government‌

   
   

   ‌Article (36) : The Executive‌

   1. ‌President

      1. The President of Bangladesh shall be the head of state.

      2. The President shall be elected by an electoral college composed of members of Parliament and representatives from the regional councils.

      3. The President shall have a fixed term of five years and may be re- elected for one additional term.

      4. The President shall have powers and duties as prescribed by the Constitution, including the appointment of the Prime Minister, the promulgation of laws, and the exercise of ceremonial functions.

      5. The President may be impeached for violation of the Constitution or gross misconduct by a two-thirds majority of Parliament.

   2. ‌Prime Minister

      1. The Prime Minister of Bangladesh shall be the head of government.

      2. The Prime Minister shall be appointed by the President from among the members of Parliament and must command the confidence of the majority of Parliament.

      3. The Prime Minister shall have powers and duties as prescribed by the Constitution, including the formation of the Cabinet, implementation of government policies, and administration of the executive branch.

      4. The Prime Minister shall be subject to a vote of no confidence by Parliament, which, if passed by a majority, shall result in the resignation of the Prime Minister.

   3. ‌Council of Ministers

1. The Council of Ministers, headed by the Prime Minister, shall assist in the administration of the government.

2. The ministers shall be appointed by the President on the advice of the Prime Minister.

3. The Council of Ministers shall be collectively responsible to Parliament.

   ‌Article (37) : The Legislature‌

   1. ‌Composition of Parliament

      1. The Parliament of Bangladesh shall consist of two houses: the House of the People (Jatiya Sangsad) and the House of Regions.

      2. Members of the House of the People shall be directly elected by the citizens of Bangladesh.

      3. Members of the House of Regions shall be elected by representatives from the regional councils.

   2. ‌Powers and Functions of Parliament

      1. The Parliament shall have the power to make laws for the peace, order, and good government of Bangladesh.

      2. Parliament shall approve the budget and oversee the expenditure of public funds.

      3. Parliament shall have oversight functions, including the power to hold the executive accountable through inquiries and investigations.

   3. ‌Legislative Process

      1. Bills may be introduced in either house of Parliament, except money bills, which shall be introduced only in the House of the People.

      2. A bill shall become law upon passing both houses of Parliament and receiving the assent of the President.

      3. Parliament shall provide opportunities for public consultation and participation in the legislative process.

   4. ‌House of the People (Jatiya Sangsad)

      1. The House of the People shall be composed of members directly elected by the citizens of Bangladesh through free and fair elections.

      2. The term of the House of the People shall be five years unless dissolved sooner by the President upon the advice of the Prime Minister.

      3. The House of the People shall elect a Speaker and a Deputy Speaker from among its members to preside over its sessions.

   5. ‌House of Regions

      1. The House of Regions shall be composed of representatives elected by the regional councils.

      2. The term of the House of Regions shall be five years unless dissolved sooner by a two-thirds majority vote of its members.

      3. The House of Regions shall elect a Chairperson and a Deputy Chairperson from among its members to preside over its sessions.

   6. ‌Sessions and Procedures

      1. The President shall summon and prorogue sessions of Parliament and dissolve the House of the People upon the advice of the Prime Minister.

      2. Both houses of Parliament shall meet at least twice a year, with no more than six months between sessions.

      3. Decisions in each house shall be made by a majority of members present and voting, unless otherwise specified by the Constitution.

   7. ‌Committees of Parliament

1. Each house of Parliament shall establish standing committees to examine and report on specific areas of governance and legislation.

2. Committees shall have the power to summon witnesses, call for documents, and conduct inquiries.

3. Committees shall report their findings and recommendations to their respective houses.

   ‌Article (38) : The Judiciary‌

   1. ‌Structure and Independence of the Judiciary

      1. The judiciary of Bangladesh shall be independent and impartial, with the Supreme Court as the highest judicial authority.

      2. The judiciary shall be composed of the Supreme Court, High Courts, and lower courts as established by law.

      3. Judges shall be appointed by the President on the advice of the National Strategic and Executive Committee, ensuring merit and integrity.

   2. ‌High Courts

      1. Each state and autonomous region shall have a High Court with jurisdiction over its territory.

      2. High Courts shall have the power to hear appeals from lower courts and to issue writs for the enforcement of fundamental rights.

      3. Judges of the High Courts shall be appointed by the President on the advice of the National Strategic and Executive Committee and in consultation with the Chief Justice of the Supreme Court.

   3. ‌Lower Courts

      1. Lower courts shall be established by law at the district and sub- district levels to administer justice at the local level.

      2. Judges of lower courts shall be appointed by the respective High Courts, ensuring merit and integrity.

   4. ‌Powers and Functions of the Supreme Court

      1. The Supreme Court shall have the power of judicial review and the authority to interpret the Constitution.

      2. The Supreme Court shall have original jurisdiction in matters of constitutional and public importance.

      3. The Supreme Court shall protect the fundamental rights of citizens and ensure the rule of law.

   5. ‌Independence of the Judiciary

      1. ‌Judicial Independence

         1. The judiciary of Bangladesh shall be independent and impartial and shall not be subject to influence or control by any other branch of government or external entities.

         2. The judges shall have the security of tenure and shall not be removed from office except for proven misbehaviour or incapacity, as determined by a fair and transparent process.

         3. The judiciary shall have the exclusive authority to interpret and apply the law, ensuring the rule of law and the protection of fundamental rights.

      2. ‌Appointment and Tenure of Judges

         1. Judges of the Supreme Court and other higher courts shall be appointed by the President on the advice of a National Strategic and Executive Committee, ensuring merit, integrity, and independence.

         2. The National Strategic and Executive Committee shall be composed of a majority of members from the judiciary, along with representatives from the executive and legislative branches, legal professionals, and civil society, ensuring a balanced and fair selection process.

         3. Judges shall serve until the mandatory retirement age as prescribed by law, unless removed earlier for proven misbehaviour or incapacity.

      3. ‌Financial Autonomy

         1. The judiciary shall have financial autonomy to ensure its independence and efficient functioning.

         2. The budget of the judiciary shall be determined through an independent process, ensuring adequate resources for the administration of justice.

         3. The judiciary shall have the authority to manage its own funds and resources, free from interference by the executive or legislative branches.

      4. ‌Administrative Independence

         1. The judiciary shall have administrative autonomy, including the power to manage its own affairs, personnel, and infrastructure.

         2. The judiciary shall establish and maintain its own administrative structures and processes, ensuring efficiency, transparency, and accountability.

      5. ‌Protection from Interference

         1. Any attempt to influence, interfere with, or undermine the independence of the judiciary shall be considered a serious offense and shall be subject to appropriate legal action.

         2. Judges and judicial officers shall be protected from any form of intimidation, coercion, or retaliation in the performance of their duties.

      6. ‌Accountability and Transparency

1. The judiciary shall be accountable to the public and shall operate with transparency, ensuring public confidence in the administration of justice.

2. Mechanisms shall be established to address complaints against judges and judicial officers, ensuring fairness, impartiality, and accountability in the judicial process.

‌Section (5) : Federal and Regional Governance‌

‌Article (39) : Division of Powers‌

1. The Constitution shall define and delineate the powers and responsibilities of the central government and regional governments.

2. The division of powers shall be based on the principle of subsidiarity, ensuring that decisions are made at the most appropriate level of government.

‌Article (40) : Regional Autonomy‌

1. The state shall recognize the autonomy of regions with significant ethnic, cultural, or linguistic diversity, including the Chittagong Hill Tracts.

2. Regional governments shall have the authority to legislate and administer matters related to local governance, culture, education, health, and land management, subject to the Constitution and national laws.

   ‌Article (41) : Governance Structure of Autonomous Regions‌

   1. ‌Regional Council

      1. Each autonomous region shall have a Regional Council composed of representatives elected by the people of the region.

      2. The Regional Council shall have the power to legislate on matters within its jurisdiction, including local governance, culture, education, health, and land management.

      3. The Regional Council shall elect a Chairperson and a Deputy Chairperson from among its members to preside over its sessions.

   2. ‌District Councils

      1. Each district within an autonomous region shall have a District Council composed of representatives elected by the people of the district.

      2. The District Council shall have the power to legislate on matters within its jurisdiction, subject to the authority of the Regional Council.

      3. The District Council shall elect a Chairperson and a Deputy Chairperson from among its members to preside over its sessions.

   3. ‌Land and Resource Management

      1. Autonomous regions shall have the authority to manage and regulate the use of land and natural resources within their territories.

      2. The state shall ensure the protection of the rights of indigenous communities to their traditional lands and resources.

   4. ‌Cultural and Educational Rights

1. Autonomous regions shall have the authority to promote and protect the cultural and linguistic heritage of their communities.

2. Autonomous regions shall have the authority to establish and manage educational institutions, ensuring the inclusion of local languages and cultural studies in the curriculum.

‌Article (42) : Mechanisms for Cooperation and Coordination‌

1. The central government and regional governments shall establish mechanisms for cooperation and coordination on matters of mutual interest.

2. A Council of State and Regional Governments shall be established to facilitate dialogue and collaboration between the central and regional governments.

3. The Council shall meet regularly to discuss and resolve issues related to governance, development, and resource management.

‌Article (43) : Financial Relations‌

1. The Constitution shall define the financial relations between the central and regional governments, including the sharing of revenues and the distribution of financial resources.

2. A Finance Commission shall be established to review and recommend the distribution of financial resources between the central and regional governments.

3. Regional governments shall have the authority to levy taxes and fees within their jurisdictions, subject to national laws and guidelines.

‌Section (6) : Local Governance‌

‌Article (44) : Structure and Functions of Local Government Bodies‌

1. Local government bodies shall be established at the district, sub- district, and village levels to administer local governance and development.

2. Local government bodies shall be composed of representatives elected by the people of their respective areas through free and fair elections.

3. Local government bodies shall have the authority to legislate and administer matters related to local development, infrastructure, public services, and community welfare.

‌Article (45) : Panchayat System and Municipalities‌

1. The Panchayat system shall be established to promote local self- governance in rural areas.

2. Village Panchayats, Intermediate Panchayats, and District Panchayats shall be established to administer local governance at the village, sub-district, and district levels, respectively.

3. Municipalities shall be established to administer local governance in urban areas, including towns and cities.

4. Local government bodies shall be empowered to levy taxes and fees, prepare budgets, and implement development plans, subject to national and regional laws.

‌Article (46) : Participation of Local Communities in Governance‌

1. The state shall promote the active participation of local communities in governance and decision-making processes at the local level.

2. Local government bodies shall establish mechanisms for public consultation and participation in the planning and implementation of local development projects.

3. The state shall ensure transparency and accountability in the functioning of local government bodies.

‌Section (7) : Protection of Indigenous and Minority Rights‌

‌Article (47) : Recognition of Indigenous and Minority Communities‌

1. The state shall recognize and respect the identity, culture, language, and traditions of indigenous and minority communities.

2. Indigenous and minority communities shall have the right to preserve and promote their cultural heritage and to participate fully in the cultural life of the nation.

‌Article (48) : Cultural, Linguistic, and Land Rights‌

1. Indigenous and minority communities shall have the right to use and develop their own languages, to establish and manage their own educational institutions, and to practice and promote their cultural traditions.

2. The state shall ensure the protection of the traditional lands and resources of indigenous and minority communities and shall take measures to prevent their displacement and dispossession.

‌Article (49) : Special Provisions for the Chittagong Hill Tracts‌

1. The state shall recognize the unique cultural and ethnic identity of the Chittagong Hill Tracts and shall ensure the protection and promotion of the rights of its indigenous communities.

2. The governance structure of the Chittagong Hill Tracts shall include a Regional Council and District Councils with powers and functions as specified in this Constitution.

3. The state shall ensure the protection of traditional practices, land rights, and natural resources of the indigenous communities in the Chittagong Hill Tracts.

‌Article (50) : Dispute Resolution Mechanisms‌

1. The state shall establish mechanisms for the peaceful resolution of disputes related to land, resources, and cultural rights of indigenous and minority communities.

2. These mechanisms shall be accessible, transparent, and impartial, and shall respect the customs and traditions of the communities involved.

‌Article (51) : Representation and Participation‌

1. The state shall ensure the adequate representation of indigenous and minority communities in all levels of government and public administration.

2. Special measures shall be taken to promote the participation of indigenous and minority communities in political, economic, and social life.

‌Section (8) : Economic and Social Policies‌

‌Article (52) : Principles for Economic Development‌

1. The state shall endeavour to promote inclusive and sustainable economic development for the well-being of all citizens.

2. Economic policies shall aim to reduce poverty, unemployment, and economic disparities.

‌Article (53) : Policies for Social Welfare and Inclusive Growth‌

1. The state shall implement social welfare programs to support vulnerable and marginalized groups, including the elderly, persons with disabilities, and those living in poverty.

2. Policies shall be designed to ensure that economic growth benefits all sections of society and promotes social inclusion.

‌Article (54) : Labor Rights and Employment Policies‌

1. The state shall ensure the protection of labour rights, including fair wages, safe working conditions, and the right to form and join trade unions.

2. Employment policies shall aim to create job opportunities, reduce unemployment, and promote skill development.

‌Article (55) : Agricultural and Rural Development‌

1. The state shall promote agricultural development and support the livelihoods of farmers through appropriate policies, subsidies, and technological advancements.

2. Rural development programs shall focus on improving infrastructure, access to markets, and the quality of life in rural areas.

‌Section (9) : Environmental Protection‌

‌Article (56) : Sustainable Development and Environmental Conservation‌

1. The state shall take measures to protect and conserve the environment and to promote sustainable development.

2. Environmental policies shall aim to balance economic growth with ecological sustainability and the well-being of future generations.

‌Article (57) : Policies for Climate Change Mitigation and Adaptation‌

1. The state shall develop and implement policies to mitigate the effects of climate change and to adapt to its impacts.

2. Measures shall be taken to reduce greenhouse gas emissions, promote renewable energy, and enhance resilience to climate- related disasters.

‌Article (58) : Protection of Natural Resources‌

1. The state shall ensure the sustainable management and utilization of natural resources, including land, water, forests, and minerals.

2. Policies shall be implemented to prevent environmental degradation, pollution, and over-exploitation of resources.

   ‌Article (59) : Protection and Restoration of Rivers and Canals‌

   1. ‌Restoration of Canals and Rivers

      1. The State shall undertake a national project named "Khan Khonon Prokolpo" to restore and reclaim all occupied canal lands.

      2. The State shall mobilize national volunteers and other necessary resources to implement the restoration of canals and rivers, ensuring their return to their natural state.

      3. The State shall ensure the involvement of local communities in the restoration projects to promote environmental stewardship and sustainable management of water resources.

   2. ‌Prevention of Future Environmental Damage

      1. It shall be unlawful for any individual, corporation, or entity to impede the natural flow of water in rivers and canals through unauthorized construction, landfilling, or other activities.

      2. The State shall establish and enforce strict regulations to protect rivers and canals from pollution, encroachment, and other forms of environmental degradation.

      3. Any activities that may impact the natural flow and health of rivers and canals shall require prior environmental assessment and approval from relevant authorities.

   3. ‌Legal and Regulatory Framework

      1. The State shall enact laws and regulations to support the protection and restoration of rivers and canals, including penalties for violations.

      2. A dedicated body shall be established within the Ministry of Environment to oversee the implementation of these laws and the "Khan Khonon Prokolpo" project.

      3. The dedicated body shall have the authority to take legal action against violators, enforce restoration orders, and ensure compliance with environmental regulations.

   4. ‌Public Awareness and Education

      1. The State shall conduct public awareness campaigns to educate citizens about the importance of preserving rivers and canals and the role they play in preventing floods and promoting biodiversity.

      2. Environmental education shall be integrated into school curricula to foster a culture of respect and responsibility towards natural water bodies from an early age.

   5. ‌Climate Change Adaptation and Resilience

      1. The State shall incorporate the restoration of rivers and canals into broader climate change adaptation and resilience strategies.

      2. Efforts shall be made to enhance the natural capacity of rivers and canals to mitigate flood risks and support sustainable agriculture.

   6. ‌Monitoring and Reporting

1. The State shall establish a comprehensive monitoring system to track the health and flow of rivers and canals.

2. Annual reports on the status of rivers and canals and the progress of restoration projects shall be submitted to Parliament and made available to the public.

‌Section (10) : National Defence and Security‌

‌Article (60) : Principles for National Defence‌

1. The state shall maintain armed forces to defend the sovereignty, territorial integrity, and independence of Bangladesh.

2. The armed forces shall operate under civilian control and in accordance with the Constitution and laws of Bangladesh.

‌Article (61) : Structure and Functions of Armed Forces‌

1. The armed forces shall be composed of the Army, Navy, and Air Force, each with distinct functions and responsibilities.

2. The armed forces shall be responsible for the defence of the nation, disaster response, and participation in international peacekeeping missions.

‌Article (62) : Emergency Powers and Provisions‌

1. The President may declare a state of emergency in the event of a threat to national security, public order, or public health, subject to approval by Parliament.

2. The exercise of emergency powers shall be subject to limitations and oversight to prevent abuse and to protect fundamental rights.

   ‌Article (63) : State Defence and Security‌

   1. ‌Protection Against International Espionage and Treason

      1. The state shall take all necessary measures to protect against international espionage and treason.

      2. Any person found guilty of engaging in espionage or acts of treason against the state shall be subject to severe penalties as prescribed by law.

      3. Measures shall be put in place to identify, prevent, and counter espionage activities by foreign entities or individuals.

   2. ‌National Security Agencies

      1. The state shall establish and maintain national security agencies responsible for the protection of state security and the prevention of espionage and treason.

      2. National security agencies shall operate under civilian oversight to ensure accountability and adherence to the rule of law, in alignment with Article on Ethical Standards and Due Diligence for Political Office Holders.

      3. The activities of national security agencies shall be subject to regular review by an independent parliamentary committee to ensure compliance with constitutional principles and human rights, referencing Article on Prohibition of Torture, Kidnapping, and Extrajudicial Activities.

   3. ‌Legal Framework for National Security

      1. The state shall enact and enforce laws necessary to safeguard national security and to prevent espionage, treason, and other threats to state security.

      2. Any measures taken in the name of national security must be necessary, proportionate, and in accordance with the law, and subject to judicial review under Article on the Independence of the Judiciary.

   4. ‌Rights and Protections

      1. In protecting national security, the state shall ensure that the rights and freedoms of individuals are respected and protected, as outlined in Article on Fundamental Rights and Duties.

      2. Any individual accused of espionage, treason, or other national security offenses shall have the right to a fair trial and legal representation, ensuring alignment with the Right to a Fair Trial.

      3. No person shall be subjected to torture, cruel, inhuman, or degrading treatment or punishment, even in the context of national security, referencing Article on Prohibition of Torture, Kidnapping, and Extrajudicial Activities.

   5. ‌Emergency Powers and Provisions

      1. In the event of a threat to national security, the President may declare a state of emergency, subject to approval by Parliament.

      2. The exercise of emergency powers shall be limited to the duration of the emergency and shall be subject to oversight by Parliament to prevent abuse, ensuring alignment with Article on Ethical Standards and Due Diligence for Political Office Holders.

      3. During a state of emergency, measures taken must still comply with international human rights obligations and the Constitution, referencing Article on Fundamental Rights and Duties.

   6. ‌Cooperation with International Organizations

      1. The state shall cooperate with international organizations and foreign governments in combating international espionage and threats to national security, in accordance with international law and treaties.

      2. Any agreements or treaties related to national security and defence shall be subject to approval by Parliament.

   7. ‌Public Awareness and Education

1. The state shall promote public awareness and education on national security issues, emphasizing the importance of vigilance and the protection of state security.

2. Educational programs shall include information on the legal rights and responsibilities of citizens in safeguarding national security.

‌Section (11) : Amendment of the Constitution‌

‌Article (64) : Procedures for Constitutional Amendments‌

1. Amendments to the Constitution may be proposed by either house of Parliament and shall require the approval of a two-thirds majority in both houses.

2. Significant amendments affecting the fundamental structure of the Constitution shall require approval by a national referendum.

‌Article (65) : Safeguards Against Arbitrary Amendments‌

1. The Constitution shall include safeguards to prevent arbitrary or hasty amendments that could undermine democratic principles and fundamental rights.

2. Judicial review mechanisms shall be established to ensure the constitutionality of proposed amendments.

   
   

   ‌Section (12) : Ethical Standards and Due Diligence for Political Office Holders‌

   
   

   ‌Article (66) : Ethical Standards and Due Diligence for Political Office Holders‌

   1. ‌Prohibition on Overseas Investments

      1. No person holding a political office or seeking election to political office shall have investments in overseas assets or businesses.

      2. All financial interests must be declared and held within the borders of Bangladesh.

   2. ‌Regular Audit of Wealth

      1. Political office holders and candidates shall be subject to regular audits of their wealth by an independent authority.

      2. Audits shall include a comprehensive review of assets and liabilities before and after holding office.

      3. Any wealth acquired as a direct result of the misuse of power or corruption shall be confiscated and transferred to the state.

   3. ‌Prohibition on Second Passport and Overseas Assets

      1. Political office holders and candidates, along with their immediate family members, shall be prohibited from holding a second passport.

      2. Political office holders and candidates, along with their immediate family members, shall be prohibited from owning homes or having bank accounts overseas.

   4. ‌Restrictions on Overseas Medical Treatment

      1. Political office holders and candidates, along with their immediate family members, shall be prohibited from seeking medical treatment abroad unless the required treatment is not available within Bangladesh.

      2. A list of approved categories and conditions for seeking medical treatment abroad shall be established and regularly updated by the Ministry of Health.

   5. ‌Application to Immediate Family Members

      1. The restrictions outlined in this Article shall apply to the spouse, children, and dependents of political office holders and candidates.

      2. Immediate family members shall be subject to the same audits and prohibitions to prevent conflicts of interest and corruption.

   6. ‌Enforcement and Penalties

      1. An independent Ethics and Accountability Commission shall be established to enforce the provisions of this Article.

      2. Violations of the provisions shall result in disqualification from holding or running for political office, and legal action shall be taken against those found guilty of corruption or unethical behavior.

      3. Penalties may include fines, imprisonment, and confiscation of illegally acquired assets.

   7. ‌Transparency and Public Disclosure

1. All political office holders and candidates shall publicly disclose their assets, liabilities, and sources of income upon assuming office and at regular intervals during their tenure.

2. The results of audits and investigations conducted by the Ethics and Accountability Commission shall be made available to the public to ensure transparency and accountability.

‌Section (13) : Prevention of Military Coups and Ensuring Civilian Control‌

‌Article (67) : Prohibition of Military Coups‌

1. Any attempt by the military to overthrow the government, undermine the constitutional order, or seize control of the state is illegal and constitutes treason.

2. Persons involved in planning, attempting, or supporting a military coup shall be subject to the highest penalties prescribed by law, including life imprisonment and confiscation of assets.

‌Article (68) : Civilian Oversight of the Military‌

1. The armed forces shall operate under civilian control and oversight at all times.

2. An independent Parliamentary Committee on Defence and Security shall be established to monitor the activities, expenditures, and policies of the military.

3. The Committee shall have the authority to summon military officials, request documents, and conduct investigations to ensure transparency and accountability.

‌Article (69) : Military Loyalty to the Constitution‌

1. All members of the armed forces shall take an oath of loyalty to the Constitution of Bangladesh, pledging to defend it against all enemies, foreign and domestic.

2. Military personnel are prohibited from engaging in political activities, including supporting or opposing any political party or candidate.

‌Article (70) : Legal Framework for Addressing Coups‌

1. The state shall establish a robust legal framework to swiftly address any attempts at a military coup.

2. Special courts may be established to expedite the trial and punishment of individuals involved in coup attempts.

3. The legal framework shall ensure due process and uphold the rights of the accused while prioritizing the restoration of constitutional order.

‌Article (71) : International Cooperation‌

1. Bangladesh shall cooperate with international organizations and foreign governments to promote democratic governance and prevent military coups.

2. Treaties and agreements shall be pursued to support and strengthen civilian control over the military and to deter any attempts at undermining constitutional governance.

‌Section (14) : National Strategic and Executive Committee‌

‌Article (72) : Establishment and Purpose‌

1. A National Strategic and Executive Committee (NSEC) shall be established to ensure continuity, stability, and effective governance during power vacuums, national emergencies, government transitions, and other critical periods.

2. The NSEC shall be a non-partisan body composed of individuals with the expertise and knowledge necessary to fulfill its mandate.

‌Article (73) : Composition‌

1. The Permanent Secretaries of all ministries, who are non-political appointments.

2. Additional members with relevant expertise, appointed to ensure a diverse and capable committee.

   ‌Article (74) : Functions and Responsibilities‌

   1. ‌Governance Continuity and Stability:

      1. Act as the governing body during power vacuums, including the death of key decision-makers, national emergencies, and periods without leadership.

      2. Ensure continuity at the end of a government’s term and during

      election periods when a caretaker executive is required.

   2. ‌Election Oversight:

      1. Oversee and ensure the conduct of free, fair, and transparent elections.

      2. Facilitate peaceful transitions of power.

   3. ‌Advisory Role:

      1. Provide continuous advice to the sitting President and Prime Minister on governance, policy, and administrative matters.

      2. Guide on critical national issues to support informed decision- making.

   4. ‌Appointment and Remuneration:

      1. Approve the appointment of Permanent Secretaries, ensuring qualifications and non-partisanship.

      2. Serve as the remuneration committee, preparing tri-annual reports on the pay of all civil servants, including Members of Parliament, the Prime Minister, and the President.

   5. ‌Policy and Strategic Planning:

      1. Develop and recommend policies on matters of national importance, including economic development, national security, social welfare, and environmental sustainability.

      2. Monitor and evaluate the implementation of national policies and programs.

   6. ‌Oversight and Accountability:

      1. Ensure transparency and accountability in government operations and decision-making.

      2. Regularly review and assess the performance and integrity of government officials and institutions.

   7. ‌Crisis Management and Response:

      1. Coordinate and manage responses to national crises, including natural disasters, public health emergencies, and security threats.

      2. Develop and implement national strategies for crisis prevention, mitigation, and recovery.

   8. ‌Public Engagement and Communication:

1. Facilitate effective communication between the government and the public.

2. Promote public awareness and participation in governance and national development.

‌Article (75) : Non-Partisanship and Integrity‌

1. Members of the NSEC shall be selected based on their expertise and integrity, ensuring the committee remains non-partisan and effective in its duties.

2. Any member found to be engaging in partisan activities or conflicts of interest shall be subject to removal and replacement to maintain the committee's non-partisan nature.

‌Article (76) : Coordination with Other Constitutional Bodies‌

1. The NSEC shall work in coordination with other constitutional bodies to ensure a harmonious and effective governance framework.

2. The NSEC’s functions shall complement and not conflict with the

roles and responsibilities of other constitutional bodies.

‌Article (77) : Reporting and Accountability‌

1. The NSEC shall report regularly to Parliament on its activities, findings, and recommendations.

2. The NSEC shall ensure transparency in its operations and decision- making processes, providing regular updates to the public.

   
   

   ‌Section (15) : Foreign Treaties‌

   
   

   ‌Article (78) : Negotiation and Ratification of International Treaties‌

   1. ‌Authority to Negotiate and Conclude Treaties

      1. The President, acting on the advice of the Prime Minister, shall have the authority to negotiate and conclude treaties and international agreements on behalf of the Republic of Bangladesh.

      2. The Ministry of Foreign Affairs shall be responsible for conducting negotiations under the direction of the President and the Prime Minister.

   2. ‌Parliamentary Approval

      1. Any treaty or international agreement involving a significant change in the territory, sovereignty, or substantial financial obligations of Bangladesh shall require the approval of Parliament.

      2. Treaties related to national defense, security, and foreign policy shall be subject to review and approval by a two-thirds majority of the total number of members of Parliament.

      3. Other treaties and international agreements shall be laid before Parliament for information and discussion.

   3. ‌Domestic Implementation of Treaties

      1. Treaties and international agreements ratified by Parliament shall become part of the law of the land and shall be enforceable in the courts of Bangladesh.

      2. The government shall enact necessary legislation to give effect to treaties and international agreements within the domestic legal framework.

   4. ‌Reporting and Transparency

      1. The government shall annually report to Parliament on the status of treaties and international agreements to which Bangladesh is a party.

      2. All treaties and international agreements shall be published and made accessible to the public.

   5. ‌Withdrawal from Treaties

      1. The President, acting on the advice of the Prime Minister, may withdraw from treaties and international agreements, subject to the approval of Parliament.

      2. The procedures for withdrawal shall be in accordance with the terms of the treaty and international law.

   6. ‌Section 6: Dispute Resolution

1. Any disputes arising from the interpretation or application of treaties and international agreements shall be resolved in accordance with international law and the dispute resolution mechanisms provided in the treaty.

2. The government shall seek peaceful and diplomatic means to resolve international disputes.

‌Section (16) : Miscellaneous Provisions‌

‌Article (79) : Official Language(s)‌

1. The official language of Bangladesh shall be Bangla.

2. The state shall promote the use of Bangla in all official communications and encourage the preservation of other languages spoken by various communities.

‌Article (80) : National Symbols‌

1. The national flag, national anthem, and national emblem of Bangladesh shall be as prescribed by law.

2. The state shall respect and promote the significance of these national symbols as representations of national identity and unity.

‌Article (81) : Transition Provisions‌

1. Transitional arrangements shall be made to ensure the smooth implementation of this Constitution and the continuity of government functions.

2. Existing laws and regulations shall remain in force until amended or repealed in accordance with this Constitution.

‌Article (82) : Repeal and Savings‌

1. All previous constitutions and constitutional amendments are hereby repealed.

2. Notwithstanding the repeal, all rights, obligations, and legal proceedings existing or pending under the previous constitutions shall continue as if this Constitution had not been enacted.

‌Section (17) : Schedules and Appendices‌

‌Article (83) : Schedule 1: Detailed Provisions for Autonomous Regions‌

Detailed governance structures, powers, and functions of autonomous regions, including the Chittagong Hill Tracts, shall be provided in this Schedule.

‌Article (84) : Schedule 2: Lists of Subjects for Union, State, and Concurrent Jurisdiction‌

The division of legislative and administrative powers between the central and regional governments shall be outlined in this Schedule.

‌Article (85) : Schedule 3: Other Relevant Appendices‌

Additional appendices shall include detailed regulations and guidelines necessary for the implementation of this Constitution.