Bangladesh Constitution (2025): A Business-Focused, Article-by-Article Guide — by TRW Law Firm

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Featured snippet (quick answer)

The Constitution of the People’s Republic of Bangladesh (1972, as amended) is the supreme law. It sets out the form of the state, fundamental principles of state policy, Fundamental Rights (Arts. 26–47A), institutions (President, Prime Minister/Cabinet, Parliament, Courts, Election Commission, Auditor-General, Public Service Commission), finances, public service, and emergency/transition provisions. For business, the most operative guarantees concern equality, due process, speech/association, property, profession, privacy, and judicial enforcement; limits exist for national security, public order, morality and special laws (e.g., Art. 47A). Internationally, ICCPR and ICESCR set parallel civil-political and socio-economic rights benchmarks that shape policy, contracts and compliance.

Why this guide — and why TRW

TRW is Bangladesh’s largest cross-border law firm, advising boards, DFIs, investors, banks and high-growth companies from Dhaka, Dubai, London and the U.S. We translate constitutional guarantees and constraints into board-level decisions: policy engagement, contract drafting, compliance programs, litigation strategy and investment risk management.

How to read Bangladesh’s Constitution (business lens)

• Supremacy & justiciability. The Constitution controls all law and state action; inconsistent laws fall (Art. 7, 26). Fundamental Rights are directly enforceable in the Supreme Court (Art. 44) with High Court Division writ jurisdiction.
• Reservations & carve-outs. Some rights are subject to reasonable restrictions (national security, public order, morality); Art. 47A limits certain remedies for persons covered by specified laws (e.g., international crimes).
• Institutions matter. Independent courts, an Election Commission, an Auditor-General and Public Service Commissions aim to guarantee fair governance and predictable markets.

Article-by-Article précis (one-liners you can brief the board with)

Note: Bangladesh’s Constitution contains 153 Articles (with several lettered insertions—2A, 4A, 7A, 7B, 18A, 23A, 47A). Below is a compact, business-usable précis that captures each Article’s core legal idea. For litigation or regulatory filings, always rely on the official text.

Part I — The Republic (Arts. 1–7B)

1. The Republic: Bangladesh is a unitary, independent, sovereign Republic.
2. Territory: Defines the territory of the Republic.
   2A. State religion: Islam is the state religion; equal status for other religions.
3. State language: Bangla is the state language.
4. National symbols: Flag, anthem and emblems.
   4A. Portrait of Father of the Nation: Official display obligations.
5. Capital: Dhaka is the capital.
6. Citizenship: People are citizens of Bangladesh (definitions/identity).
7. Supremacy of Constitution: All power belongs to the people; Constitution supreme.
   7A. Abrogation unconstitutional: Usurpation/suspension of the Constitution criminal/offensive.
   7B. Basic provisions protected: Certain core provisions insulated from amendment.

Part II — Fundamental Principles of State Policy (Arts. 8–25)

8. Principles declared: Socialism (economic/social justice), nationalism, democracy, secularism guide the state.
9. Local government: Promotion of local government institutions.
10. Participation of women: Ensure women’s participation in all spheres.
11. Democracy & human rights: Effective participation through elected representatives, respect for HR.
12. Secularism & freedom of religion: Eliminate communalism; protect religious freedom.
13. Ownership: State, cooperative and private ownership acknowledged.
14. Emancipation of peasants/workers: Remove exploitation, ensure equitable distribution.
15. Basic necessities: Food, clothing, shelter, education, medical care.
16. Rural development/agricultural revolution: Transform rural economy and living standards.
17. Education: Free/compulsory primary education; uniform, mass-oriented system.
18. Public health and morality: Improve nutrition, public health; regulate harmful drugs.
    18A. Environment & biodiversity: Protection and improvement mandated.
19. Equality of opportunity: Remove social/economic inequality.
20. Work & ethics: Work is a right/duty; honesty and discipline in public service.
21. Duties of citizens/public servants: Loyalty, service to people, accountability.
22. Separation of judiciary: Separate subordinate judiciary from executive.
23. National culture: Preserve and foster national culture.
    23A. Heritage & memorials: Protection of monuments, places and objects of national importance.
24. Cultural heritage & objects: Protection against spoliation/removal.
25. International peace, solidarity & respect for international law: Friendly relations, support for oppressed peoples, respect for international law.

Fundamental Principles are not directly enforceable like Fundamental Rights, but guide law, policy and interpretation.

Part III — Fundamental Rights (Arts. 26–47A)

26. Supremacy of Rights: Inconsistent laws void.
27. Equality before law: Equal protection of law.
28. Non-discrimination: No discrimination by religion, race, caste, sex, birthplace; allows affirmative measures.
29. Equal opportunity in public employment: Merit-based service; reservations as permitted.
30. Prohibition of foreign titles: No titles without President’s consent.
31. Right to protection of law: Legal security in life, liberty, reputation, property.
32. Right to life & personal liberty: No deprivation save by law.
33. Safeguards as to arrest & detention: Grounds communicated; legal counsel; habeas corpus; preventive detention rules.
34. Prohibition of forced labour: No forced labour; exceptions for compulsory public service by law.
35. Protection in trial & punishment: No ex post facto crimes, double jeopardy; fair trial, self-incrimination protections.
36. Freedom of movement: Subject to reasonable restrictions.
37. Freedom of assembly: Peaceful assembly; reasonable restrictions.
38. Freedom of association: Form associations/unions; restrictions allowed.
39. Freedom of thought, conscience & speech: Includes press; restrictions for security, order, decency, etc.
40. Freedom of profession/occupation: Any lawful profession/business; licensing possible.
41. Freedom of religion: Profession, practice, propagation; institutions.
42. Property: Acquire, hold, transfer subject to law; compulsory acquisition with compensation.
43. Privacy of home & correspondence: Subject to law.
44. Enforcement of rights: Direct access to Supreme Court (HCD) for remedies.
45. Armed forces personnel: Parliament may regulate rights for disciplined forces.
46. Indemnity: Parliament may indemnify state actors for acts done for restoring order.
47. Saving for certain laws: Certain laws insulated from certain rights challenges.
    47A. Inapplicability of some rights to specified persons: Limits Arts. 31, 35(1)(3), 44 and HCD remedies for persons under laws listed in Art. 47(3).

Part IV — The Executive (Arts. 48–67)

Chapter I: The President (48–52)
48. Office & election: President elected by Parliament; functions per Constitution/law.
49. Clemency: President may grant pardons, reprieves, respites.
50. Term & re-election: Five-year term; eligibility/continuity.
51. Conditions of office: Emoluments, oath, immunities.
52. Impeachment/Removal: Grounds and procedure (e.g., for violation of the Constitution).

Chapter II: The Prime Minister & Cabinet (55–58)
55. Executive authority: Vested in Prime Minister/Cabinet responsible to Parliament.
56. Appointment: PM appointed; Ministers/State Ministers as advised.
57. Tenure: Collective responsibility; resignation/removal mechanics.
58. Ministerial functions: Allocation of business and conduct of government.

(Other Chapters in Part IV)
59–60. Local Government: Elected local bodies; powers/responsibilities.
61–62. Defence services & supreme command: Raise/maintain; President’s role.
63. War declaration: Parliamentary role in war/peace.
64. Attorney-General: Chief legal adviser; functions/tenure.
65–67 (also in Part V overlap in some indexes): Parliamentary interface (member qualifications, etc., continue under Part V).

Part V — The Legislature (Parliament) (Arts. 65–93)

65. Parliament established: Legislative powers vested in Jatiya Sangsad.
66. Qualifications/disqualifications: For membership.
67. Seat vacating: Grounds (absence, resignation, disqualification).
68. Remuneration: Salaries/allowances.
    69–70. Voting & party seats: Voting in Parliament; seat-vacating on crossing the floor.
    71–72. Electoral provisions & sessions: Constituencies, sessions, prorogation, dissolution.
    73–74. President’s addresses & Speaker/Deputy Speaker: Procedures/offices.
69. Rules & committees: Procedure/powers.
70. Standing/select committees: Oversight mechanics.
71. Ombudsman: Provision to appoint.
72. Privileges/Immunities: Of Parliament and members.
    79–81. Secretariat & salaries: Administrative/financial matters.
    82–93. Money matters: Recommendation procedure, finance bills, appropriation, supplementary/excess grants, contingency funds, public accounts committee, taxation and borrowing framework.

Part VI — The Judiciary (Arts. 94–116A)

Supreme Court
94. Constitution & independence: Supreme Court with Appellate & High Court Divisions.
95–98. Judges: Appointment, qualifications, tenure, acting CJ arrangements.
99. Post-retirement restrictions: On practice/employment.
100–102. Seat, jurisdiction & writs: HCD’s writ jurisdiction (mandamus, certiorari, etc.).
103–104. Appellate Division: Jurisdiction; power to do complete justice.
105–108. Review, rule-making, superintendence: Internal judicial powers.
109–116A. Subordinate courts: HCD superintendence; judicial service; separation; rule-making; independence guarantees.

Part VII — Elections (Arts. 118–126)

118–126. Election Commission: Composition, independence, tenure, staff; single electoral roll; constituency laws; election disputes and non-interference during announced schedules; executive duty to assist EC.

Part VIII — The Comptroller & Auditor-General (Arts. 127–132)

127–132. C\&AG: Appointment, functions (audit of all public accounts), reports to President/Parliament; administrative independence.

Part IX — The Services of Bangladesh (Arts. 133–141A)

133–136. Service rules, tenure, security: Appointments, conditions, protection from arbitrary dismissal.
137–141A. Public Service Commissions: Establishment, functions, independence, annual reports; special provisions.

Part IXA — Emergency Provisions (Arts. 141B–141C)

141B–141C. Emergency & preventive measures: Proclamation and certain rights suspensions during emergency (where provided by law).

Part X — Amendment (Art. 142)

142. Amendment power: Parliament may amend by Act; entrenched clauses and procedures apply; judicial review interacts with basic structure limits.

Part XI — Miscellaneous (Arts. 143–153)

143–146. Property, contracts, suits by/against state; service of process and borrowing.
147–148. Remuneration of key offices; oath of office forms.
149–150. Existing laws continue; Fourth Schedule transitional/temporary provisions (incl. historical instruments as recognized).
151–152. Repeals & definitions: Interpretation section.
153. Citation & authentic texts: Commencement (16 Dec 1972); authentic Bengali and authorized English texts.

Bangladesh’s Fundamental Rights — what they mean in deals and disputes

• Equality & non-discrimination (Arts. 27–29). HR/ESG clauses, hiring and promotion practices, and government tenders should be neutral and objective; reservations/affirmative measures are permitted by law.
• Due process & fair trial (Arts. 31–35). Contract enforcement, seizures, tax, and regulatory actions must follow lawful procedure; criminal exposure limited by no ex post facto and double jeopardy.
• Economic freedoms (Arts. 40, 42). You can carry on any lawful business; the state may license/regulate; property may be acquired with compensation.
• Speech/association (Arts. 38–39). Corporate speech (ads, CSR, advocacy) is protected subject to restrictions (decency, order, security).
• Religion & privacy (Arts. 41, 43). Respect for religious practice and privacy affects workplace policies, searches, surveillance and data.
• Enforcement (Art. 44, Part VI). Writ jurisdiction of the High Court Division is the frontline remedy against state action; private disputes ride on contract/tort and constitutional values as interpretive aids.

UDHR, ICCPR & ICESCR — the global context you operate in

1) Universal Declaration of Human Rights (UDHR, 1948)

Not a treaty, but the 30-article UDHR is the template for modern rights: equality; life/liberty/security; fair trial; privacy; thought/religion/speech; assembly/association; work/education/health and an adequate standard of living; and participation in government. It shapes ESG reporting, global buyer codes, and court interpretation worldwide (including Bangladesh’s own constitutional values).

2) ICCPR — International Covenant on Civil and Political Rights

• What it covers: Life; humane treatment; due process/fair trial; privacy; thought/religion; expression; assembly/association; political participation; equality/non-discrimination; minority rights.
• Status: Bangladesh is a party (with reservations/declarations as recorded by the UN). Businesses feel ICCPR through content moderation, labor relations, privacy, and assembly/association issues in supply chains and public spaces. (United Nations Treaty Collection)

3) ICESCR — International Covenant on Economic, Social and Cultural Rights

• What it covers: Work & just conditions; social security; family protection; adequate food/housing/health; education; culture/science. Duties are to take steps progressively using maximum available resources.
• Status: Bangladesh is a party. For corporate strategy, this frames living wage policies, health & safety, education/training, and community impacts in impact assessments and lender standards. (United Nations Treaty Collection)

How the trio interacts with Bangladesh law: The Constitution already protects core civil-political rights (Part III) and proclaims socio-economic directives (Part II). Courts and policymakers often read these sets together—Part II as goals, Part III as enforceable rules—with ICCPR/ICESCR providing interpretive weight in legislation, regulation and governance debates.

Practical takeaways for boards, GCs & CFOs

1. Contract architecture: Bake constitutional & treaty-aligned commitments into supplier codes, labor, privacy, speech/advertising, non-discrimination, religion accommodations, and community impact clauses.
2. Regulatory posture: When challenging adverse state action (tax, licensing, tenders, seizures), map it against Arts. 27–35 & 44; prepare writ petitions with clean facts and fundamental-right hooks.
3. Policy engagement: Part II principles (education, health, environment, equality) support ESG and CSR strategy and bolster public-interest advocacy.
4. M\&A/investment: Governance stability relies on Part V and VI institutions; diligence election cycles, judicial outcomes and audit findings that affect sector risk.
5. Crisis planning: Understand emergency provisions and how they may condition movement, assembly, publication and procurement (Part IXA).

TRW’s Constitution-to-Operations Toolkit

• Writ & constitutional litigation: From tax/regulatory action to tenders, licensing, SEZ/EZ issues and due-process failures.
• Policy & compliance: Translate Part II principles into board policies; audit contracts for alignment with Part III limits and global covenants.
• ESG & lender standards: Map ICCPR/ICESCR expectations into bankable frameworks for DFIs and export buyers.
• Cross-border: Synchronize Bangladesh constitutional rules with ICC/UNCITRAL contractual standards and foreign-law enforcement strategies.

FAQs (quick answers you can paste into a board deck)

Is the Constitution directly enforceable against private companies?
Primarily against the state; however, constitutional values influence interpretation of statutes, and writs may run against certain public-function actors. Private disputes still reflect constitutional public policy.

Can Parliament amend anything?
Art. 142 empowers amendment by Act, but supremacy (Art. 7) and protected basics (e.g., 7B) and judicial review cabin that power.

What rights matter most for business?
Equality/non-discrimination (27–29), due process/fair trial (31–35), speech/association (38–39), profession (40), property (42), privacy (43), and enforcement (44).

Do ICCPR/ICESCR bind private firms?
They bind states, but lenders, buyers and courts expect private conduct to respect covenant values—these show up in contract conditions, audits, and public law challenges. (United Nations Treaty Collection)

Speak with TRW’s Constitutional, Public Law & ESG Team

Phones: +8801708000660 • +8801847220062 • +8801708080817
Emails: info@trfirm.com • info@trwbd.com • info@tahmidur.com
Offices: Dhaka — House 410, Road 29, Mohakhali DOHS • Dubai — Rolex Building, L-12 Sheikh Zayed Road

References

1. The Constitution of the People’s Republic of Bangladesh (official English text, consolidated).
2. United Nations Treaty Collection — ICCPR (IV-4): scope, content, parties & declarations. (United Nations Treaty Collection)
3. United Nations Treaty Collection — ICESCR (IV-3): scope, content, parties & declarations. (United Nations Treaty Collection)

If you’d like, we can convert this into a printable “board wallchart” with the Article-by-Article one-liners on one page and a matching ICCPR/ICESCR checklist for contracts and compliance.