Preamble The Preamble: founding pledges of 1972
Preamble
The Preamble tells courts, lawmakers and the public what the Constitution is for. When a law or amendment is challenged, judges have used it to identify the basic features that Parliament cannot destroy.
In force in the form set by the Fifteenth Amendment 2011. The July National Charter, backed at the 12 February 2026 referendum, proposes different founding principles, but as of October 2026 no amendment had been enacted, as reported.
On 4 November 1972 the Constituent Assembly adopted the Constitution. The Preamble opens the text and speaks in the voice of the people, stating that they proclaimed independence on 26 March 1971 and established a sovereign People's Republic.
The Preamble pledges that nationalism, socialism, democracy and secularism are the fundamental principles, and that the rule of law, fundamental rights, equality and justice will be secured for all citizens. These pledges set the purpose that every later article serves.
In the Eighth Amendment case of 1989 the Appellate Division relied on the Preamble, with Article 7, to hold that the Constitution is supreme and that Parliament cannot change its basic structure. Courts still turn to it when interpreting unclear provisions.
After the 2024 uprising, the July National Charter proposed new founding principles such as equality, human dignity and social justice. Voters backed the Charter package in the February 2026 referendum, but no amendment to the Preamble had been passed as of October 2026.
In plain English
How Preamble works
The Preamble is the opening statement of the Constitution. It records that the people of Bangladesh declared independence on 26 March 1971, won it through a struggle for national liberation, and adopted the Constitution in the Constituent Assembly on 4 November 1972. It names four ideals as the fundamental principles: nationalism, socialism, democracy and secularism. It promises a society based on the rule of law, human rights, equality and justice for every citizen, and calls on the people to protect the Constitution as the supreme law. The Preamble does not by itself create rights you can enforce in court, but judges read the rest of the Constitution in its light.
In practice
The Preamble is not judicially enforceable on its own, but the Supreme Court treats it as the key to the Constitution's basic structure. The Eighth Amendment case (1989) relied on it to protect constitutional supremacy, and the Fifth Amendment case (2010) restored its 1972 wording on the liberation struggle and the four principles. The Fifteenth Amendment 2011 set the present text. Article 7B, inserted in 2011, tried to make the Preamble unamendable, but the High Court Division declared Article 7B void in December 2024 and the Appellate Division dismissed the appeals in July 2026, as reported. Changes proposed in the July National Charter remain pending. Under Article 142(1A), as restored by the 2024 and 2026 judgments, a Bill amending the Preamble must also be approved in a referendum.
The text
What Preamble says
[BISMILLAH-AR-RAHMAN-AR-RAHIM
(In the name of Allah, the Beneficient, the Merciful)/
In the name of the Creator, the Merciful.]
PREAMBLE
We, the people of Bangladesh, having proclaimed our independence on the 26th day of March, 1971 and through [a historic struggle for national liberation], established the independent, sovereign People's Republic of Bangladesh;
[Pledging that the high ideals of nationalism, socialism, democracy and secularism, which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in, the national liberation struggle, shall be the fundamental principles of the Constitution;]
Further pledging that it shall be a fundamental aim of the State to realise through the democratic process a socialist society, free from exploitation a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens;
Affirming that it is our sacred duty to safeguard, protect and defend this Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh so that we may prosper in freedom and may make our full contribution towards international peace and co operation in keeping with the progressive aspirations of mankind;
In our Constituent Assembly, this eighteenth day of Kartick, 1379 B.S., corresponding to the fourth day of November, 1972 A.D., do hereby adopt, enact and give to ourselves this Constitution.
English text as published on the official Laws of Bangladesh website. The Bangla text is authoritative (Article 153). Where a court has changed the position, the status note above explains it.
Landmark cases
How the courts have read it
Appellate Division · 1989
Anwar Hossain Chowdhury v Bangladesh (Eighth Amendment case)
41 DLR (AD) 165; 1989 BLD (Spl) 1
Relied on the Preamble and Article 7 as expressing the supremacy of the Constitution, and held that Parliament's amending power cannot alter the basic structure.
Appellate Division · 2010
Khondker Delwar Hossain v Bangladesh Italian Marble Works Ltd (Fifth Amendment case)
62 DLR (AD) 298
Declared the Fifth Amendment unlawful and restored the 1972 wording of the Preamble, including 'a historic struggle for national liberation' and the four fundamental principles.
Case summaries are short descriptions for orientation, not a substitute for the judgment.
History
Amendments
- Fifth Amendment 1979 →Ratified, rather than enacted, a martial law Proclamation change made between 1975 and 1979 that placed the words 'Bismillah-ar-Rahman-ar-Rahim (In the name of Allah, the Beneficent, the Merciful)' above the Preamble, with further changes to the Preamble.
- Fifteenth Amendment 2011 →Substituted the opening invocation, replaced 'a historic war for national independence' with 'a historic struggle for national liberation', and substituted the second paragraph naming nationalism, socialism, democracy and secularism.
Connected provisions
Related articles
Questions
Preamble: frequently asked questions
What is the Preamble of the Constitution of Bangladesh?
It is the introductory statement adopted on 4 November 1972. It records how independence was won, names nationalism, socialism, democracy and secularism as the fundamental principles, and promises the rule of law, human rights, equality and justice. It sets out the purpose of the whole Constitution.
Can the Preamble of the Constitution of Bangladesh be amended?
Article 7B, added in 2011, said the Preamble could not be amended. The High Court Division declared Article 7B void in December 2024 and the Appellate Division dismissed the appeals in July 2026, as reported. Amendment under Article 142 is therefore possible, though courts may still test it against the basic structure.
Is the Preamble enforceable in court?
Not by itself. A person cannot sue only because the state has failed a pledge in the Preamble. Courts use it to interpret other articles and to identify the basic features of the Constitution that an amendment cannot destroy.
Sources
- bdlaws: The Constitution of the People's Republic of Bangladesh, Preamble
- The Daily Star Law and Our Rights: Fifth Amendment full judgment (1 August 2010)
- Ridwanul Hoque, Indian Journal of Constitutional Law, vol 10 (2021)
- Prothom Alo English: Caretaker govt reinstated as some provisions scrapped (17 December 2024)
- Prothom Alo English: SC verdict upholds reinstatement of caretaker govt and referendum provisions (9 July 2026)
- The Daily Star: Groundwork laid for sweeping constitutional reforms (July National Charter supplement)
- The Business Standard: How ex-president Zillur violated oath and signed caretaker govt abolition bill (quotes the referendum clause in Article 142)
- Supreme Court of Bangladesh: 19 SCOB [2024] HCD 41 (citing Anwar Hossain Chowdhury v Bangladesh, 41 DLR (AD) 165)
This guide explains the Constitution for general understanding. It is not legal advice. Constitutional reform proposals under discussion in 2026 are described as proposals until enacted.
Constitutional and writ practice
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