Constitution of the People's Republic of Bangladesh

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

The territory of the Republic shall comprise –
(a) the territories which immediately before the Proclamation of Independence on the 26th day of March, 1971 constituted East Pakistan
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[and the territories referred to as included territories in the Constitution (Third Amendment) Act, 1974, but excluding the territories referred to as excluded territories in that Act; and]
(b) such other territories as may become included in Bangladesh.

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[2A. The state religion of the Republic is Islam, but the State shall ensure equal status and equal right in the practice of the Hindu, Buddhist, Christian and other religions.]

The state language of the Republic is
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[Bangla].

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[4A. The Portrait of the Father of the Nation, Bangabandhu Sheikh Mujibur Rahman shall be preserved and displayed at the offices of the President, the Prime Minister, the Speaker and the Chief Justice and in head and branch offices of all government and semi-government offices, autonomous bodies, statutory public authorities, government and non-government educational institutions, embassies and missions of Bangladesh abroad.]

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[6. The citizenship of Bangladesh shall be determined and regulated by law.

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[7A. (1) If any person, by show of force or use of force or by any other un-constitutional means-
(a) abrogates, repeals or suspends or attempts or conspires to abrogate, repeal or suspend this Constitution or any of its article ; or
(b) subverts or attempts or conspires to subvert the confidence, belief or reliance of the citizens to this Constitution or any of its article,
his such act shall be sedition and such person shall be guilty of sedition.

Notwithstanding anything contained in article 142 of the Constitution, the preamble, all articles of Part I, all articles of Part II, subject to the provisions of Part IXA all articles of Part III, and the provisions of articles relating to the basic structures of the Constitution including article 150 of Part XI shall not be amendable by way of insertion, modification, substitution, repeal or by any other means.]

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[(1) The principles of nationalism, socialism, democracy and secularism, together with the principles derived from those as set out in this Part, shall constitute the fundamental principles of state policy.]

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[9. The unity and solidarity of the Bangalee nation, which, deriving its identity from its language and culture, attained sovereign and independent Bangladesh through a united and determined struggle in the war of independence, shall be the basis of Bangalee nationalism.]

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[10. A socialist economic system shall be established with a view to ensuring the attainment of a just and egalitarian society, free from the exploitation of man by man.]

The Republic shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person shall be guaranteed
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[* * *]
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[, and in which effective participation by the
people through their elected representatives in administration at all levels shall be ensured].

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[12. The principle of secularism shall be realised by the elimination of -
(a) communalism in all its forms ;
(b) the granting by the State of political status in favour of any religion ;
(c) the abuse of religion for political purposes ;
(d) any discrimination against, or persecution of, persons practicing a particular religion.]

The people shall own or control the instruments and means of production and distribution, and with this end in view ownership shall assume the following forms –
(a) state ownership, that is ownership by the State on behalf of the people through the creation of an efficient and dynamic nationalised public sector embracing the key sectors of the economy;
(b) co operative ownership, that is ownership by co operatives on behalf of their members within such limits as may be prescribed by law; and
(c) private ownership, that is ownership by individuals within such limits as may be prescribed by law.

It shall be a fundamental responsibility of the State to emancipate the toiling masses the peasants and workers and backward sections of the people from all forms of exploitation.

It shall be a fundamental responsibility of the State to attain, through planned economic growth, a constant increase of productive forces and a steady improvement in the material and cultural standard of living of the people, with a view to securing to its citizens –
(a) the provision of the basic necessities of life, including food, clothing, shelter, education and medical care;
(b) the right to work, that is the right to guaranteed employment at a reasonable wage having regard to the quantity and quality of work;
(c) the right to reasonable rest, recreation and leisure; and
(d) the right to social security, that is to say, to public assistance in cases of undeserved want arising from unemployment, illness or disablement, or suffered by widows or orphans or in old age, or in other such cases.

The State shall adopt effective measures to bring about a radical transformation in the rural areas through the promotion of an agricultural revolution, the provision of rural electrification, the development of cottage and other industries, and the improvement of education, communications and public health, in those areas, so as progressively to remove the disparity in the standards of living between the urban and the rural areas.

The State shall adopt effective measures for the purpose of –
(a) establishing a uniform, mass oriented and universal system of education and extending free and compulsory education to all children to such stage as may be determined by law;
(b) relating education to the needs of society and producing properly trained and motivated citizens to serve those needs;
(c) removing illiteracy within such time as may be determined by law.

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[18A. The State shall endeavour to protect and improve the environment and to preserve and safeguard the natural resources, bio-diversity, wetlands, forests and wild life for the present and future citizens.]

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

The State shall adopt measures to conserve the cultural traditions and heritage of the people, and so to foster and improve the national language, literature and the arts that all sections of the people are afforded the opportunity to contribute towards and to participate in the enrichment of the national culture.

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[23A. The State shall take steps to protect and develop the unique local culture and tradition of the tribes, minor races, ethnic sects and communities.]

The State shall adopt measures for the protection against disfigurement, damage or removal of all monuments, objects or places of special artistic or historic importance or interest.

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[***] The State shall base its international relations on the principles of respect for national sovereignty and equality, non interference in the internal affairs of other countries, peaceful settlement of international disputes, and respect for
international law and the principles enunciated in the United Nations Charter, and on the basis of those principles shall –
(a) strive for the renunciation of the use of force in international relations and for general and complete disarmament;
(b) uphold the right of every people freely to determine and build up its own social, economic and political system by ways and means of its own free choice; and
(c) support oppressed peoples throughout the world waging a just struggle against imperialism, colonialism or racialism.
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[***]

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

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

To enjoy the protection of the law, and to be treated in accordance with law, and only in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law.

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

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[33. (1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.

Provided thatthe authority making any such order may refuse to disclose facts which such authority considers to be against the public interest to disclose.

Subject to any reasonable restrictions imposed by law in the public interest, every citizen shall have the right to move freely throughout Bangladesh, to reside and settle in any place therein and to leave and re-enter Bangladesh.

Every citizen shall have the right to assemble and to participate in public meetings and processions peacefully and without arms, subject to any reasonable restrictions imposed by law in the interests of public order or public health.

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[38. Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interests of morality or public order :

Provided thatno person shall have the right to form, or be a member of the said association or union, if-
(a) it is formed for the purposes of destroying the religious, social and communal harmony among the citizens ;
(b) it is formed for the purposes of creating discrimination among the citizens, on the ground of religion, race, caste, sex, place of birth or language ;
(c) it is formed for the purposes of organizing terrorist acts or militant activities against the State or the citizens or any other country ;
(d) its formation and objects are inconsistent with the Constitution.]

Subject to any restrictions imposed by law, every citizen possessing such qualifications, if any, as may be prescribed by law in relation to his profession, occupation, trade or business shall have the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business.

Every citizen shall have the right, subject to any reasonable restrictions imposed by law in the interests of the security of the State, public order, public morality or public health –
(a) to be secured in his home against entry, search and seizure; and
(b) to the privacy of his correspondence and other means of communication.

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[44. (1) The right to move the High Court Division in accordance with clause (1) of article 102, for the enforcement of the rights conferred by this Part is guaranteed.