Article 5: Dhaka as the capital

by Barrister Tahmidur Rahman | Oct 25, 2026

In forceThe Republic

Article 5 Dhaka as the capital

The capital

Key state institutions, including the Supreme Court, Parliament and ministries, are based in the capital. Litigants and businesses usually need to deal with Dhaka for national approvals and appeals.

Article 5 of the Constitution of Bangladesh: Dhaka as the capital
DHAKACAPITAL CITY
BOUNDARY LAWCITY MAP
SUPREME COURTDHAKA
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  1. Article 5(1) names Dhaka as the capital. Parliament, the Secretariat and the Supreme Court sit there, and foreign states place their embassies in the city. Ministries, the Election Commission and most national regulators also have their head offices in Dhaka, so major national decisions are taken there.

  2. Article 5(2) leaves the capital's boundaries to be determined by law. Parliament and the government can redraw the capital area as the city grows, without amending the Constitution. This flexibility matters because Dhaka has expanded rapidly since 1972 and its city corporations have been reorganised more than once.

  3. Article 100 says the permanent seat of the Supreme Court is in the capital. In 1989 the Appellate Division struck down permanent High Court benches outside Dhaka in the Eighth Amendment case. Litigants from every district still bring writ petitions and appeals to the capital.

In plain English

How Article 5 works

Article 5 makes Dhaka the capital of Bangladesh. The spelling was changed from 'Dacca' to 'Dhaka' by the Eighth Amendment in 1988. The second clause says that the exact boundaries of the capital are to be fixed by law, so Parliament decides how far the capital area extends. Being the capital means Dhaka is the seat of the government, Parliament and the Supreme Court. The Eighth Amendment case of 1989 is linked to this idea, because the court refused to let the permanent seat of the High Court be split across several cities.

In practice

Article 5 is settled. Its main legal effect arises through other articles that refer to the capital, especially Article 100 on the seat of the Supreme Court. The Eighth Amendment case (1989) struck down the scheme of permanent High Court benches in other cities. The spelling 'Dhaka' has been used since 1988. Laws on the capital's municipal area have also changed over time, including the division of Dhaka City Corporation into north and south corporations in 2011.

The text

What Article 5 says

5. (1) The capital of the Republic is [Dhaka].

(2) The boundaries of the capital shall be determined by law.

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

Appellate Division · 1989

Anwar Hossain Chowdhury v Bangladesh (Eighth Amendment case)

41 DLR (AD) 165; 1989 BLD (Spl) 1

Struck down permanent High Court Division benches outside the capital, protecting the single seat of the Supreme Court in Dhaka.

Case summaries are short descriptions for orientation, not a substitute for the judgment.

History

Amendments

  • Eighth Amendment 1988Substituted the word 'Dhaka' for 'Dacca'.

Connected provisions

Related articles

Questions

Article 5: frequently asked questions

What is Article 5 of the Constitution of Bangladesh?

Article 5 states that the capital of the Republic is Dhaka and that the boundaries of the capital are to be determined by law. The spelling 'Dhaka' replaced 'Dacca' in 1988.

Can the capital of Bangladesh be moved?

Moving the capital would require amending Article 5 under Article 142, with a two-thirds majority in Parliament. Its boundaries, however, can be changed by an ordinary law, because Article 5(2) leaves them to Parliament.

Sources

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

Need to rely on Article 5?

Our lawyers advise on writ petitions, fundamental rights and public law before the Supreme Court of Bangladesh.

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