PART – IV

THE EXECUTIVE

CHAPTER I - PRESIDENT

         48. The President.-  (1) There shall be a President of Bangladesh who shall be elected by members of Parliament in accordance with law.

        (2)  The President shall, as Head of State, take precedence over all other persons in the State, and shall exercise the powers and perform the duties conferred and imposed on him by this Constitution and by any other law.

        (3)  In the exercise of all his functions, save only that of appointing the Prime Minister pursuant to clause (3) of article 56 and the Chief Justice pursuant to clause (1) of article 95, the President shall act in accordance with the advice of the Prime Minister :

                Provided that the question whether any, and if so what, advice has been tendered by the Prime Minister to the President shall not be enquired into in any court.

        (4)  A person shall not be qualified for election as President if he-

(a)   is less than thirty-five years of age ; or            

(b)   is not qualified for election as a member of Parliament ; or

(c)    has been removed from the office of President by impeachment under this Constitution.  

        (5)  The Prime Minister shall keep the President informed on matters of domestic and foreign policy, and submit for the consideration of the Cabinet any matter which the President may request him to refer to it.

        49. Prerogative of mercy.-  The President shall have power to grant pardons, reprieves and respites and to remit, suspend or commute any sentence passed by any court, tribunal or other authority.

        50. Term of office of President.-  (1) Subject to the provisions of this Constitution, the President shall hold office for a term of five years from the date on which he enters upon his office :

                Provided that notwithstanding the expiration of his term the President shall continue to hold office until his successor enters upon office.

        (2) No person shall hold office as President for more than two terms, whether or not the terms are consecutive.

        (3) The President may resign his office by writing under his hand addressed to the Speaker.

        (4) The President during his term of office shall not be qualified for election as a member of Parliament, and if a member of Parliament is elected as President he shall vacate his seat in Parliament on the day on which he enters upon his office as President.

        51. President’s immunity.-  (1) Without prejudice to the provisions of article 52, the President shall not be answerable in any court for anything done or omitted by him in the exercise or purported exercise of the functions of this office, but this clause shall not prejudice the right of any person to take proceedings against the Government.

        (2) During his term of office no criminal proceedings whatsoever shall be instituted or continued against the President in, and no process for his arrest or imprisonment shall issue from, any court.

        52. Impeachment of the President.- (1) The President may be impeached on a charge of violating this Constitution or of grave misconduct, preferred by a notice of motion signed by a majority of the total number of members of Parliament and delivered to the Speaker, setting out the particulars of the charge, and the motion shall not be debated earlier than fourteen nor later than thirty days after the notice is so delivered ; and the Speaker shall forthwith summon Parliament if it is not in session.

        (2) The conduct of the President may be referred by Parliament to any court, tribunal or body appointed or designated by Parliament for the investigation of a charge under this article.

        (3) The President shall have the right to appear and to be represented during the consideration of the charge.

        (4) If after the consideration of the charge a resolution is passed by Parliament by the votes of not less than two-thirds of the total number of members declaring that the charge has been substantiated, the President shall vacate his office on the date on which the resolution is passed.

        (5) Where the Speaker is exercising the functions of the President under article 54 the provisions of this article shall apply subject to the modifications that the reference to the Speaker in clause (1) shall be construed as a reference to the Deputy Speaker, and that the reference in clause (4) to the vacation by the President of his office shall be construed as a reference to the vacation by the Speaker of his office as Speaker ; and on the passing of a resolution such as is referred to in clause (4) the Speaker shall cease to exercise the functions of President.

        53. Removal of President on ground of incapacity.- (1) The President may be removed from office on the ground of physical or mental incapacity on a motion of which notice, signed by a majority of the total number of members of Parliament, is delivered to the Speaker, setting out particulars of the alleged incapacity.  

                (2) On receipt of the notice the Speaker shall forthwith summon Parliament if it is not in session and shall call for a resolution constituting a medical board (hereinafter in this article called “the Board”), and upon the necessary motion being made and carried shall forthwith cause a copy of the notice to be transmitted to the President together with a request signed by the Speaker that the President submit himself within a period of ten days from the date of the request to an examination by the Board.

                (3) The motion for removal shall not be put to the vote earlier than fourteen nor later than thirty days after notice of the motion is delivered to the Speaker, and if it is again necessary to summon Parliament in order to enable the motion to be made within that period, the Speaker shall summon Parliament.

        (4) The President shall have the right to appear and to be represented during the consideration of the motion.

        (5) If the President has not submitted himself to an examination by the Board before the motion is made in Parliament, the motion may be put to the vote, and if it is passed by the votes of not less than two-thirds of the total number of members of Parliament, the President shall vacate his office on the date on which the motion is passed.

        (6) If before the motion for removal is made in Parliament, the President has submitted himself to an examination by the Board, the motion shall not be put to the vote until the Board has been given an opportunity of reporting its opinion to Parliament.

        (7) If after consideration by Parliament of the motion and of the report of the Board (which shall be  submitted within seven days of the examination held pursuant to clause (2) and if not so submitted shall be dispensed with) the motion is passed by the votes of not less than two-thirds of the total number of members of Parliament, the President shall vacate his office on the date on which the resolution is passed.

        54. Speaker to act as President during absence, etc.-  If a vacancy occurs in the office of President or if the President is unable to discharge the functions of his office on account of absence, illness or any other cause the Speaker shall discharge those functions until a President is elected or until the President resumes the functions of his office, as the case may be.

CHAPTER II¾THE PRIME MINISTER AND THE CABINET

        55. The Cabinet.- (1) There shall be a Cabinet for Bangladesh having the Prime Minister at its head and comprising also such other Ministers as the Prime Minister may from time to time designate.

                (2) The executive power of the Republic shall, in accordance with this Constitution, be exercised by or on the authority of the Prime Minister.

                (3) The Cabinet shall be collectively responsible to Parliament.

                (4) All executive actions of the Government shall be expressed to be taken in the name of the President.

                (5) The President shall by rules specify the manner in which orders and other instruments made in his name shall be attested or authenticated, and the validity of any order of instrument so attested or authenticated shall not be questioned in any court on the ground that it was not duly made or executed.

                (6) The President shall make rules for the allocation and transaction of the business of the Government.

        56. Ministers.-  (1) There shall be a Prime Minister, and such other Ministers, Ministers of State and Deputy Ministers as may be determined by the Prime Minister.

        (2) The appointments of the Prime Minister and other Ministers and of the Ministers of State and Deputy Ministers, shall be made by the President :

                Provided that not less than nine-tenths of their number shall be appointed from among members of Parliament and not more than one-tenth of their number may be chosen from among persons qualified for election as members of Parliament.

        (3) The President shall appoint as Prime Minister the member of Parliament who appears to him to command the support of the majority of the members of Parliament.

        (4) If occasion arises for making any appointment under clause (2) or clause (3) between a dissolution of Parliament and the next following general election of members of Parliament, the persons who were such members immediately before the dissolution shall be regarded for the purpose of this clause as continuing to be such members.

        57. Tenure of office of Prime Minister. (1) The office of the Prime Minister shall become vacant-

(a)   if he resigns from office at any time by placing his resignation in the hands of the President ; or       

(b)   if he ceases to be a member of Parliament.     

        (2) If the Prime Minister ceases to retain the support of a majority of the members of Parliament, he shall either resign his office or advise the President in writing to dissolve Parliament, and if he so advises the President shall, if he is satisfied that no other member of Parliament commands the support of the majority of the members of Parliament, dissolve Parliament accordingly.

        (3) Nothing in this article shall disqualify Prime Minister for holding office until his successor has entered upon office.

        58. Tenure of office.- (1) The office of a Minister other than the Prime Minister shall become vacant-

(a)   if he resigns from office by placing his resignation in the hands of the Prime Minister for submission to the President ;

(b)   if he ceases to be a member of Parliament, but this shall not be applicable to a Minister chosen under the proviso to article 56(2) ;

(c)    if the President, pursuant to the  provisions of clause (2), so directs ; or          

(d)   as provided in clause (4).               

        (2) The Prime Minister may at any time request a Minister to resign, and if such Minister fails to comply with the request, may advise the President to terminate the appointment of such Minister.

        (3) Nothing in sub-clauses (a), (b) and (d) of clause (1) shall disqualify a Minister for holding office during any period in which Parliament stands dissolved.

        (4) If the Prime Minister resigns from or ceases to hold office each of the other Ministers shall be deemed also to have resigned from office but shall, subject to the provisions of this Chapter, continue to hold office until his successor has entered upon office.

        (5) In this article “Minister” includes Minister of State and Deputy Minister.

        58A. Application of Chapter.- Nothing in this Chapter, except the provisions of article 55(4), (5) and (6) shall apply during the period in which Parliament is dissolved or stands dissolved :

        Provided that, notwithstanding anything contained in Chapter IIA, where the President summons Parliament that has been dissolved to meet under article 72(4), this Chapter shall apply.

CHAPTER IIA¾NON-PARTY CARE-TAKER GOVERNMENT

        58B. The Non-Party Care-taker Government.- (1) There shall be a Non-Party Care-taker Government during the period from the date on which the Chief Adviser of such government enters upon office after Parliament is dissolved or stands dissolved by reason of expiration of its term till the date on which a new Prime Minister enters upon his office after the constitution of Parliament.

        (2) The Non-Party Care-taker Government shall be collectively responsible to the President.

        (3) The executive power of the Republic shall, during the period mentioned in clause (1), be exercised, subject to the provisions of article 58D(1), in accordance with this Constitution, by or on the authority of the Chief Adviser and shall be exercised by him in accordance with the advice of the Non-Party Care-taker Government.

        (4) The provisions of article 55(4), (5) and (6) shall (with the necessary adaptations) apply to similar matters during the period mentioned in clause (1).

        58C. Composition of the Non-Party Care-taker Government, appointment of Advisers, etc.- (1) The Non-Party Care-taker Government shall consist of the Chief Adviser at its head and not more than ten other Advisers, all of whom shall be appointed by the President.

        (2)  The Chief Adviser and other Advisers shall be appointed within fifteen days after Parliament is dissolved or stands dissolved, and during the period between the date on which Parliament is dissolved or stands dissolved and the date on which the Chief Adviser is appointed, the Prime Minister and his cabinet who were in office immediately before Parliament was dissolved or stood dissolved shall continue to hold office as such.

        (3) The President shall appoint as Chief Adviser the person who among the retired Chief Justices of Bangladesh retired last and who is qualified to be appointed as an Adviser under this article :

        Provided that if such retired Chief Justice is not available or is not willing to hold the office of Chief Adviser, the President shall appoint as Chief Adviser the person who among the retired Chief Justices of Bangladesh retired next before the last retired Chief Justice.

        (4) If no retired Chief Justice is available or willing to hold the office of Chief Adviser, the President shall appoint as Chief Adviser the person who among the retired Judges of the Appellate Division retired last and who is qualified to be appointed as an Adviser under this article :

        Provided that if such retired Judge is not available or is not willing to hold the office of Chief Adviser, the President shall appoint as Chief Adviser the person who among the retired Judges of the Appellate Division retired next before the last such retired Judge.

        (5) If no retired Judge of the Appellate Division is available or willing to hold the office of Chief Adviser, the President shall, after consultation, as far as practicable, with the major political parties, appoint the Chief Adviser from among citizens of Bangladesh who are qualified to be appointed as Advisers under this article.

        (6) Notwithstanding anything contained in this Chapter, if the provisions of clauses (3), (4) and (5) cannot be given effect to, the President shall assume the functions of the Chief Adviser of the Non-Party Care-taker Government in addition to his own functions under this Constitution.

        (7) The President shall appoint Advisers from among the persons who are-

(a)   qualified for election as members of Parliament ;              

(b)   not members of any political party or of any organization associated with or affiliated to any political party ;     

(c)    not, and have agreed in writing not to be, candidates for the ensuring election of members of Parliament ;     

(d)   not over seventy-two years of age.

        (8) The Advisers shall be appointed by the President on the advice of the Chief Adviser.

        (9)  The Chief Adviser or an Adviser may resign his office by writing under his hand addressed to the President.

        (10) The Chief Adviser or an Adviser shall cease to be Chief Adviser or Adviser if he is disqualified to be appointed as such under this article.

        (11) The Chief Adviser shall have the status, and shall be entitled to the remuneration and privileges, of a Prime Minister, and an Adviser shall have the status, and shall be entitled to the remuneration and privileges, of a Minister.

        (12) The Non-Party Care-taker Government shall stand dissolved on the date on which the Prime Minister enters upon his office after the constitution of new Parliament.

        58D. Functions of Non-Party Care-taker Government.-  (1) The Non-Party Care-taker Government shall discharge its functions as an interim government and shall carry on the routine functions of such government with the aid and assistance of persons in the services of the Republic ; and, except in the case of necessity for the discharge of such functions it shall not make any policy decision.

        (2) The Non-Party Care-taker Government shall give to the Election Commission all possible aid and assistance that may be required for holding the general election of members of Parliament peacefully, fairly and impartially.

        58E. Certain provisions of the Constitution to remain ineffective.- Notwithstanding anything contained in articles 48(3), 141A(1) and 141C(1) of the Constitution, during the period the Non-Party Care-taker Government is functioning, provisions in the Constitution requiring the President to act on the advice of the Prime Minister or upon his prior counter-signature shall be ineffective.

CHAPTER III-Local Government

        59. Local government.- (1) Local government in every administrative unit of the Republic shall be entrusted to bodies, composed of persons elected in accordance with law.

        (2) Everybody such as is referred to in clause (1) shall, subject to this Constitution and any other law, perform within the appropriate administrative unit such functions as shall be prescribed by Act of Parliament, which may include functions relating to-

(a)   administration and the work of public officers ;

(b)   the maintenance of public order ;

(c)    the preparation and implementation of plans relating to public services and economic development.

        60. Powers of local government bodies.-  For the purpose of giving full effect to the provisions of article 59 Parliament shall, by law, confer powers on the local government bodies referred to in that article, including power to impose taxes for local purposes, to prepare their budgets and to maintain funds.

CHAPTER IV-The Defence Services

        61. Supreme command.-  The supreme command of the defence services of Bangladesh shall vest in the President and the exercise thereof shall be regulated by law and such law shall, during the period in which there is a Non-Party Care-taker Government under article 58B, be administered by the President.

        62. Recruitment, etc., of defence services.- (1) Parliament shall by law provide for regulating-

(a)   the raising and maintaining of the defence services of Bangladesh and of their reserves ;

(b)   the grant of commissions therein ;

(c)    the appointment of chiefs of staff of the defence services, and their salaries and allowances ; and

(d)   the discipline and other matters relating to those services and reserves.

        (2)  Until Parliament by law provides for the matters specified in clause (1) the President may, by order, provide for such of them as are not already subject to existing law.

        63. War.- (1) War shall not be declared and the Republic shall not participate in any war except with the assent of Parliament.

CHAPTER V-The Attorney-General

        64. The Attorney-General.-  (1)  The President shall appoint a person who is qualified to be appointed as a judge of the Supreme Court to be Attorney-General for Bangladesh.

        (2)  The Attorney-General shall perform such duties as may be assigned to him by the President.

        (3)  In the performance of his duties, the Attorney-General shall have the right of audience in all courts of Bangladesh.

        (4)  The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine.