Article 6 Citizenship and national identity
Citizenship
Citizenship decides who can vote, hold a passport, own certain land and take public jobs. Clause (2) also matters to minority communities who do not identify as ethnically Bengali.
In force. The July National Charter, put to a referendum on 12 February 2026, proposes changes here, but as of October 2026 no constitutional amendment had been enacted, as reported. The Charter proposes amending clause (2) so that all citizens are identified as Bangladeshis.
Article 6(1) leaves citizenship to Parliament. The Citizenship Act 1951 and the 1972 Order decide who is a citizen by birth, descent or registration, and officials apply them to passport and identity card applications. A child born abroad to a Bangladeshi parent can claim citizenship by descent.
In 2008 Urdu-speaking residents of Dhaka camps were refused enrolment as voters. In Sadaqat Khan v Chief Election Commissioner the High Court Division held they were citizens and entitled to voter registration and identity cards.
Article 6(2) says the people are Bangalees as a nation and Bangladeshis as citizens. Leaders of Indigenous and other non-Bengali communities have objected that the national label is ethnic and excludes them. They argue a civic label would treat every citizen alike.
The Constitution Reform Commission and the July National Charter propose identifying all citizens as Bangladeshis. Voters backed the Charter package in February 2026, but no amendment had been enacted as of October 2026. Until then clause (2) stays as written.
In plain English
How Article 6 works
Article 6 has two parts. The first says citizenship is decided and regulated by law, so Parliament sets the rules on who is a citizen, mainly through the Citizenship Act 1951 and the Bangladesh Citizenship (Temporary Provisions) Order 1972. The second says the people are known as Bangalees as a nation, and citizens are known as Bangladeshis. This wording, set in 2011, combines two identities that were long debated. Critics argue that calling the nation 'Bangalee' leaves out Indigenous and other non-Bengali communities, and reform proposals in 2025 suggested calling everyone simply Bangladeshi.
In practice
Citizenship disputes are decided under the Citizenship Act 1951 and President's Order 149 of 1972, read with Article 6(1). The landmark Sadaqat Khan judgment (2008) confirmed that Urdu-speaking people born or living in Bangladesh who meet the legal tests are citizens, opening the way to voter registration. Article 6(2) has been rewritten several times, most recently in 2011. After 2024 the Constitution Reform Commission and the July National Charter proposed a civic identity, with all citizens called Bangladeshis. This remains a pending proposal.
The text
What Article 6 says
[6. (1) The citizenship of Bangladesh shall be determined and regulated by law.
(2) The people of Bangladesh shall be known as Bangalees as a nation and the citizens of Bangladesh shall be known as Bangladeshies.]
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
High Court Division · 2008
Md Sadaqat Khan (Fakku) and others v Chief Election Commissioner
Held that Urdu-speaking petitioners were Bangladeshi citizens under the 1972 Citizenship Order and must be enrolled as voters and given identity cards.
Appellate Division · 2010
Khondker Delwar Hossain v Bangladesh Italian Marble Works Ltd (Fifth Amendment case)
62 DLR (AD) 298
In reviewing the Fifth Amendment, the Appellate Division let the 'Bangladeshi' citizenship wording under Article 6 stand while restoring other 1972 provisions.
Case summaries are short descriptions for orientation, not a substitute for the judgment.
History
Amendments
- Fifteenth Amendment 2011Substituted Article 6, providing that the people are known as Bangalees as a nation and citizens as Bangladeshis.
Connected provisions
Related articles
Questions
Article 6: frequently asked questions
What is Article 6 of the Constitution of Bangladesh?
Article 6 says that citizenship of Bangladesh is determined and regulated by law, and that the people are known as Bangalees as a nation while citizens are known as Bangladeshis. The current wording dates from the Fifteenth Amendment 2011.
Who is a citizen of Bangladesh?
Article 6 leaves this to law. The main rules are in the Citizenship Act 1951 and the Bangladesh Citizenship (Temporary Provisions) Order 1972, covering citizenship by birth, descent and registration. Courts decide disputes, as in the 2008 Sadaqat Khan case.
Is the 'Bangalee' identity in Article 6 being changed?
It has been proposed. The July National Charter proposes that all citizens be identified as Bangladeshis, removing the separate Bangalee national label. As of October 2026 this was a pending proposal and Article 6 had not been amended.
Sources
- bdlaws: The Constitution of the People's Republic of Bangladesh, Article 6
- University of Melbourne Statelessness Case Law Database: Sadaqat Khan v Chief Election Commissioner
- The Daily Star Law and Our Rights: Fifth Amendment full judgment (1 August 2010)
- ConstitutionNet: July Charter and Constitutional Reforms in Bangladesh (1 December 2025)
- The Daily Star: Groundwork laid for sweeping constitutional reforms (July National Charter supplement)
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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