Article 2 The territory of Bangladesh
The territory of the Republic
Land titles, citizenship, voting and tax all depend on whether a place is inside Bangladesh. The 2015 enclave exchange showed how residents of border enclaves gained or changed their legal status through this article.
In force. bdlaws notes that the 1974 change to clause (a) depends on a gazette notification under section 4 of the Third Amendment Act; the enclaves were exchanged with India on 1 August 2015.
Article 2 starts from the map of East Pakistan as it stood on 26 March 1971. Every district, river and island within that boundary became the territory of the new Republic when the Constitution took effect.
In 1974 Bangladesh and India signed a land boundary agreement to exchange enclaves. The Supreme Court directed that Parliament must approve its implementation, and the Third Amendment 1974 inserted the included and excluded territories into Article 2.
Because the territory is written into the Constitution, a change needs a constitutional amendment passed by Parliament. The Third Amendment did this, although bdlaws notes that its effect depends on a gazette notification under the Act.
At midnight on 1 August 2015 the two countries exchanged 162 enclaves. Residents of former Indian enclaves inside Bangladesh could become Bangladeshi citizens, bringing long-stateless communities into the legal system for land, schooling and voting.
In plain English
How Article 2 works
Article 2 defines the land that makes up Bangladesh. It is the territory that was East Pakistan just before independence was proclaimed on 26 March 1971, adjusted by the Third Amendment of 1974. That amendment adds the 'included territories' and removes the 'excluded territories' under the land boundary agreement with India. The article also allows for other territories to become part of Bangladesh in future. In simple terms, the border of Bangladesh is fixed by the Constitution, and changing it requires a constitutional amendment, not just a government decision or a treaty signed by ministers.
In practice
Article 2 came before the courts in Kazi Mukhlesur Rahman v Bangladesh (1974), where the Supreme Court held that implementing the land boundary treaty required parliamentary approval; the Third Amendment followed. The exchange itself waited until India passed its own constitutional amendment in 2015, and the enclaves were swapped at midnight on 1 August 2015. Maritime boundaries with Myanmar and India were later settled by international tribunals, which affects the sea zones the state controls under Article 143 rather than the land territory in Article 2.
The text
What Article 2 says
2. 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 [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.
English text as published on the official Laws of Bangladesh website. Where a court has changed the position, the status note above explains it.
Landmark cases
How the courts have read it
Supreme Court · 1974
Kazi Mukhlesur Rahman v Bangladesh
Held that the government needed Parliament's approval to implement the 1974 land boundary treaty with India, which led to the Third Amendment.
Case summaries are short descriptions for orientation, not a substitute for the judgment.
History
Amendments
- Third Amendment 1974Inserted the included territories and excluded territories under the 1974 land boundary agreement into clause (a); bdlaws notes this depends on a gazette notification under section 4 of that Act.
Connected provisions
Related articles
Questions
Article 2: frequently asked questions
What is Article 2 of the Constitution of Bangladesh?
Article 2 defines the territory of Bangladesh: the area that was East Pakistan immediately before 26 March 1971, as adjusted by the Third Amendment 1974 for the land boundary agreement with India, plus any territory that may later become part of Bangladesh.
How did the enclave exchange with India affect Article 2?
The Third Amendment 1974 wrote the included and excluded territories into Article 2. The physical exchange of 162 enclaves took place at midnight on 1 August 2015, after India passed its own constitutional amendment, and residents could take up citizenship of the country where they lived.
Sources
- bdlaws: The Constitution of the People's Republic of Bangladesh, Article 2
- Dhaka Tribune: The 1974 land boundary agreement
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.
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