Article 36 Freedom of movement
Freedom of movement
It protects the ability to travel for work, study and business, and to return home. Restrictions such as travel bans must have a legal basis that can be tested in court.
A citizen books a flight abroad for work. Article 36 guarantees the right to leave and re-enter Bangladesh, as well as to move and settle freely within the country. The right belongs to citizens; foreigners are governed by immigration law.
At the airport, immigration officers refuse to let the citizen board. Under Article 36, any such restriction must be imposed by law, must be reasonable and must serve the public interest. The citizen should ask which law and which order authorise the restriction.
The citizen files a writ petition asking the High Court Division to examine the legal basis of the restriction. The State must show a law authorising it, such as a court order in a criminal case.
If no lawful authority supports the restriction, the court can direct the authorities to let the citizen travel. A reasonable restriction based on law, such as a bail condition, will be upheld. Each case turns on the law cited and its reasonableness.
In plain English
How Article 36 works
Article 36 gives every citizen the right to move freely throughout Bangladesh, to live and settle anywhere in the country, and to leave and come back to Bangladesh. This covers travel within the country and international travel. The right is not absolute. It can be limited by reasonable restrictions imposed by law in the public interest. So a court can order an accused person not to leave the country, and the law can regulate passports and border crossings. But any restriction must be set by law, must be reasonable, and must serve the public interest. An official cannot stop a citizen from travelling simply on their own say-so without legal authority.
In practice
Restrictions on movement are mainly imposed through court orders in criminal and financial cases, passport and immigration law, and bail conditions. Investigating bodies such as the Anti-Corruption Commission commonly ask courts to bar people under investigation from leaving the country; such bans are lawful when grounded in law and proportionate. Citizens refused passports or stopped at airports without legal basis can seek relief by writ. Restrictions within the country, such as limits on access to sensitive border or security areas, must also rest on law.
The text
What Article 36 says
36. Subject to any reasonable restrictions imposed by law in the public interest, every citizen shall have the right to move freely throughout Bangladesh, to reside and settle in any place therein and to leave and re-enter Bangladesh.
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.
Connected provisions
Related articles
Questions
Article 36: frequently asked questions
What is Article 36 of the Constitution of Bangladesh?
Article 36 guarantees every citizen the right to move freely throughout Bangladesh, to reside and settle anywhere in it, and to leave and re-enter the country, subject to reasonable restrictions imposed by law in the public interest.
Can the government stop a citizen from leaving Bangladesh?
Only through a reasonable restriction imposed by law in the public interest, such as a court order in a criminal or financial case. A travel ban without legal authority can be challenged in the High Court Division by writ petition.
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
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