the president of Bangladesh

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President of The People's Republic of Bangladesh

President constitutional head of the People's Republic of Bangladesh. Articles 48-54 of Part
IV of the CONSTITUTION state provisions related to the presidency. The President takes
precedence over all other persons and exercises the powers and performs the duties
conferred on him by the Constitution and by any other law. Furthermore, all executive
actions of the government are expressed to be taken in the name of the President. Though
theoretically he is above all, but in reality he is a titular executive performing ceremonial
functions only, and the real executive power of the state is exercised by the cabinet under the
leadership of the PRIME MINISTER. Except for appointing the Prime Minister in pursuance of
the clause (3) of Article 56 the President always act in accordance with the advice of the
Prime Minister.
Election The system of election of President in Bangladesh underwent modifications from
time to time as Bangladesh has experienced both the presidential and parliamentary forms of
government since independence. As per the 1972 Constitution, the President was to be
elected by members of the JATIYA SANGSAD in a poll by secret ballot as provided for in the
second schedule of the Constitution. Later, the Fourth Amendment to the Constitution
provided that the President would be elected in accordance with the law by direct election.
The system of electing the President was made indirect by the Constitution (12th
Amendment) Act 1991 under the parliamentary system. At present, as per Article 48, the
President is to be elected by the members of the Sangsad.
According to Article 48(4) of the Constitution, all that is required to be qualified for election
as President is that the person shall be 35 years of age; he shall be qualified for election as a
member of the Sangsad; and finally he has not been removed from the office of the President
by impeachment under the Constitution. The President during his term of office shall not be
qualified for election as a member of the Sangsad, and if a member of the Sangsad is elected

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as President he shall vacate his seat in Sangsad on the day on which he enters upon his
office as President. Furthermore, the President shall not hold any office, post or position of
profit or emolument or take any part whatsoever in the management or conduct of any
company or body having profit or gain as its object.
Chronology of the Presidnts of the People's Republic of Bangladesh
Syed Nazrul Islam (Acting)
10 April 1971 to 10 January 1972
(Bangabandhu)
Sheikh
Mujibur 10 January 1972 to 12 January 1972
Rahman
(Justice) Abu Sayeed Chowdhury
12 January 1972 to 24 December 1973
Mohammad Ullah
23 December 1973 to 25 January 1975
(Bangabandhu)
Sheikh
Mujibur 25 January 1975 to 15 August 1975
Rahman
Khondakar Mostaq Ahmad
15 August 1975 to 5 November 1975
(Justice) Abusadat Mohammad Sayem
6 November 1975 to 21 April 1977
(Lt. General) Ziaur Rahman
21 April 1977 to 30 May 1981
(Justice) Abdus Sattar (Acting)
30 May 1981 to 20 November 1981
(Justice) Abdus Sattar
20 November 1981 to 24 March 1982
(Justice) AFM Ahsanuddin Chowdhury 27 March 1982 to 10 December 1983
(Lt. General) Hussain Muhammad 11 December 1983 to 6 December 1990
Ershad
(Justice) Shahabuddin Ahmed (Acting) 6 December 1990 to 9 October 1991
Abdur Rahman Biswas
8 October 1991 to 8 October 1996
(Justice) Shahabuddin Ahmed
9 October 1996 to 14 November 2001

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(Professor)
AQM
Badruddoza 14 November 2001 to 21 June 2002
Chowdhury
(Barrister) Jamiruddin Sircar (Acting)
22 June 2002 to 5 September 2002
(Professor) Iajuddin Ahmed
6 September 2002 -
Article 50 of the Constitution states that the President shall hold office for a term of five
years from the date on which he enters upon his office. Even after the expiry of his term, the
President shall continue to hold office until his successor enters upon his office. But one
shall not hold office as President for more than two terms, whether or not the terms are
consecutive. If the President wants to resign from his office before the expiration of his
term, he will have to write on his own addressing the Speaker. Article 54 also provides that
if a vacancy occurs in the office of the President or if the President is unable to discharge his
functions on account of absence etc the Speaker shall discharge those functions until the
president resumes office or a new President is elected. In the case of vacancy in the office of
President occurring by reason of the expiration of his term of office, an election to fill the
vacancy shall be held within the period of ninety to sixty days prior to the date of expiration
of the term. But in the case of vacancy in the office of President occurring by reason of the
death, resignation or removal of the President, an election to fill the vacancy shall be held
within the period of ninety days after the occurrence of the vacancy.
Functions President's power and functions stem from two sources, ie, the Constitution and
any other law. The generally exercised power of the President can be divided into the
following:
Executive power The President is the head of the state and all executive actions of the
government are expressed to be taken in the name of the President. The President, by rules,
specifies the manner in which orders and other instruments made in his name be attested or
authenticated. The President makes rules for the allocation and transaction of business of the

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government.
The President appoints a member of the Jatiya Sangsad as Prime Minister who appears to
him to command the support of the majority of the members of the Sangsad. Besides the
Prime Minister, the President appoints other ministers, state ministers and deputy ministers.
In accordance with the advice of the Prime Minister, the President also appoints the attorney
general of Bangladesh, the CHIEF JUSTICE, judges of the supreme court, the chief election
commissioner and other election commissioners, the COMPTROLLER AND AUDITOR GENERAL
and the chairman and other members of the BANGLADESH PUBLIC SERVICE COMMISSION. The
President is the supreme commander of the defence services of Bangladesh.
Judicial power the judicial power of the President originates from article 49 of the
Constitution. It says that 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.
Legislative power In accordance with the written advice of the Prime Minister, the President
summons, prorogues and dissolves Jatiya Sangad. The President has right to address the
Sangsad and may send message thereto. The President is required to give assent to every bill
passed by the Sangsad to make it a law. When Sangsad stands dissolved or is not in session
the President may make law by promulgating ordinances and such ordinances have the same
force and validity as an Act of Sangsad.
Financial power No money bill or any bill that involves expenditure from public money
shall be placed before the Sangsad except on the recommendation of the President. No
demand for a grant shall be made except on the recommendation of the President. The
President has the power to authorise expenditure from the consolidated fund as
supplementary or excess grants. If the sangsad in any financial year fails to make any grant
the President, upon the advice of the Prime Minister, would have power to draw from the

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consolidated fund, the necessary funds for a period not exceeding 60 days, stipulated in the
annual financial statement for that year.
Miscellaneous powers The president has to perform some other functions like administration
of oaths. The oath of the Chief Justice, the Prime Minister, other ministers, state ministers,
deputy ministers, Speaker and deputy speaker are to be administered by the President under
the Third Schedule of the Constitution. Likewise, as the head of the state, the President
sends and receives ambassadors and other diplomatic representatives. All treaties with
foreign countries, annual reports of the public service commission and of the auditor-general
are submitted to the President who causes them to be laid before Sangasd.
Immunity Article 51 of the Constitution ensures President's immunity from answering in
any court for any thing done or omitted by him in the exercise or purported exercise of
functions of his office. The President is not liable to any criminal proceedings during his
term of office and no process for his arrest or imprisonment shall be issued from any court.
Removal The President may be removed from his office by the Sangsad before the expiry of
his term through (a) impeachment and (b) removal on grounds of incapacity.
(a) Impeachment According to Article 52 of the Constitution, the President may be
impeached on two grounds: on a charge of violating the constitution or on a charge of grave
misconduct. The impeachment charge against the President must be preferred by a notice of
motion signed by a majority members of the Sangsad. The notice must be delivered to the
Speaker and must set out the particulars of the charge. The motion shall not be debated
earlier than fourteen or later than thirty days after the notice has been delivered to the
Speaker. Having received the notice, the Speaker shall forthwith summon the Sangsad if it is
not in session. The President shall have the right to appear and to be represented during the
consideration of the charge. 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 members declaring that the

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charge has been substantiated, the President shall vacate his office on the date on which the
resolution is passed.
(b) Removal on ground of incapacity under Article 53 of the Constitution the President may
be removed on the ground of two types of incapacity: physical and mental. A notice of a
motion may be given to the effect that the President has been physically or mentally
incapable. The notice of motion must be signed by a majority of the members of the
Sangsad. The notice must be delivered to the Speaker setting out the particulars of the
alleged incapacity. On receipt of the notice the Speaker shall forthwith summon the Sangsad
if it is not in session, and shall call for a resolution constituting a medical board.
As soon as the medical board is constituted a copy of the notice thereto shall be transmitted
to the President 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. If
the President submits himself to an examination by the board, the board shall submit its
report within seven days of the examination. If after consideration by Sangsad of the motion,
and of the report of the board the motion is passed by votes of not less than two-thirds of the
total members of Sangsad, the president shall vacate his office on the date on which the
motion is passed. The President shall have the right to appear and to be represented during
the consideration of the motion.
President's office To assist the President in all respects, there exists a President's office,
housed in the official residence of the President ie, BANGABHABAN, which is divided into
two divisions, public division and personal division. The public division is entrusted with
providing secretarial service to the President in discharge of his constitutional, legal and
executive functions as the head of the republic. The Personal division deals with matters like
household affairs of the President, arrangements for all ceremonial functions, reception and
entertainment of foreign heads of states and foreign dignitaries and other VIPs; security and
protection of the person of the President etc.

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Collection from The Banglapedia.
Collector:
Abdur Rab (forhad)
Department of Public Administration.
Jahangirnagar University
Dhaka, Bangladesh.
Email: [email protected]