Article 7B Unamendable basic provisions
Basic provisions of the Constitution are not amendable
Article 7B decided how much of the Constitution could ever be reformed. With it gone, the post-2024 reform proposals can in principle go through the normal amendment process under Article 142.
The High Court Division declared this article void on 17 December 2024 in the Fifteenth Amendment case, and the Appellate Division dismissed the appeals on 9 July 2026, as reported. bdlaws still prints the text and does not reflect the judgment.
Article 7B declared the Preamble, Parts I and II, most of Part III and other basic provisions immune from amendment, overriding Article 142, the normal amendment procedure. Even a unanimous Parliament could not change these provisions under its terms.
In the Sixteenth Amendment case the Appellate Division held that removing judges by Parliament was unconstitutional, and scholars note the decision drew on Article 7B as well as the basic structure. This showed how the article could shape later court decisions on amendments.
On 17 December 2024 the High Court Division declared Article 7B void. The Appellate Division dismissed the appeals on 9 July 2026, as reported. The ruling was given together with the declarations on Article 7A and Article 44(2), in the same judgment.
With Article 7B removed by the courts, reforms proposed in the July National Charter can in principle be made through Article 142, subject to judicial review under the basic structure doctrine. Any change still needs a two-thirds majority in Parliament.
In plain English
How Article 7B works
Article 7B was added by the Fifteenth Amendment in 2011. It said that the Preamble, all articles of Parts I and II, most of Part III on fundamental rights, and the provisions on the Constitution's basic structure, including Article 150, could never be amended in any way. It was meant to lock in a large part of the Constitution permanently, even against a future Parliament with a large majority. Critics said it was too wide and froze political choices made in 2011. The High Court Division declared it void on 17 December 2024, and the Appellate Division dismissed the appeals in July 2026, as reported.
In practice
Article 7B turned the court-made basic structure doctrine into an express rule and made a large part of the Constitution unamendable. On 17 December 2024 the High Court Division declared Article 7B void on the basis that no Parliament can bind its successors, and the Appellate Division dismissed the appeals on 9 July 2026, as reported. The July National Charter also records agreement to repeal it. bdlaws still prints the text. The basic structure doctrine itself remains part of the case law.
The text
What Article 7B says
7B. Notwithstanding anything contained in article 142 of the Constitution, the preamble, all articles of Part I, all articles of Part II, subject to the provisions of Part IXA all articles of Part III, and the provisions of articles relating to the basic structures of the Constitution including article 150 of Part XI shall not be amendable by way of insertion, modification, substitution, repeal or by any other means.]
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 · 2024
Fifteenth Amendment case (writ petitions of Badiul Alam Majumdar and others, and Md Mofazzal Hossain)
Declared Article 7B void, with Articles 7A and 44(2); appeals dismissed by the Appellate Division on 9 July 2026, as reported.
Appellate Division · 2017
Government of Bangladesh v Advocate Asaduzzaman Siddiqui (Sixteenth Amendment case)
In Civil Appeal No. 6 of 2017, by judgment of 3 July 2017, held the Sixteenth Amendment, which gave Parliament power to remove Supreme Court judges, unconstitutional.
Case summaries are short descriptions for orientation, not a substitute for the judgment.
History
Amendments
- Fifteenth Amendment 2011Inserted Article 7B (section 7 of the Amendment Act).
Connected provisions
Related articles
Questions
Article 7B: frequently asked questions
What was Article 7B of the Constitution of Bangladesh?
Article 7B, inserted in 2011, said that the Preamble, all articles of Parts I and II, most of Part III and the basic structure provisions, including Article 150, could not be amended by insertion, modification, substitution, repeal or any other means.
Can the Constitution of Bangladesh now be amended freely?
Not freely. With Article 7B declared void by the courts, amendments go through Article 142, which needs a two-thirds majority in Parliament. The Supreme Court can still strike down an amendment that destroys the basic structure, as it did in 1989 and 2010.
Sources
- bdlaws: The Constitution of the People's Republic of Bangladesh, Article 7B
- 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)
- Kawser Ahmed, Revisiting Judicial Review of Constitutional Amendments in Bangladesh: Article 7B, the Asaduzzaman Case (Israel Law Review, 2023)
- Ridwanul Hoque, Indian Journal of Constitutional Law, vol 10 (2021)
- The Daily Star: Groundwork laid for sweeping constitutional reforms (July National Charter supplement)
- The Daily Star, Law and Our Rights: Understanding the 15th Amendment case (29 July 2026)
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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