Article 42 Right to property
Rights to property
Land and property disputes are among the most common legal issues in Bangladesh. Investors and landowners need to know the State can acquire property only by law and with compensation.
A family owns land and a house. Article 42(1) guarantees their right to acquire, hold, transfer or dispose of property, subject to restrictions imposed by law, such as land use and tax rules. Buying, selling, inheriting and gifting property are all protected activities.
The government decides to build a highway through the area. Under Article 42, it can compulsorily acquire or requisition property only by authority of law, which in practice means the land acquisition statute. The acquisition must also serve a genuine public purpose under that statute.
The acquisition law must provide compensation and either fix the amount or specify how it is assessed and paid. The family receives compensation under the statutory formula. Disputes about the amount go through the procedures set by the statute.
Clause (2) bars challenges to the law on the ground that its compensation is inadequate. The family can still challenge an acquisition carried out without legal authority or in breach of the statutory procedure. Procedural failures, such as missing notices, are a common ground of challenge.
In plain English
How Article 42 works
Article 42 gives every citizen the right to acquire, hold, transfer or otherwise dispose of property, subject to any restrictions imposed by law. No property can be compulsorily acquired, nationalised or requisitioned except by authority of law. Clause (2), in its 2011 form, requires such a law to provide for compensation and to fix the amount, or set out the principles and manner of assessing and paying it. However, the law cannot be challenged in court on the ground that the compensation it provides is inadequate. So the State can take land for a road or a power plant, but only under a law that sets out compensation, and the courts will not second-guess the amount.
In practice
Compulsory acquisition is governed by the Acquisition and Requisition of Immovable Property Act 2017, which sets compensation formulas. Courts often review whether the statutory procedure, such as notices and public purpose, was followed, even though they cannot question the adequacy of compensation. Article 47(1)(a) further protects laws on acquisition, nationalisation and requisition that give effect to Part II principles. Foreign investors also rely on statutory protection under the Foreign Private Investment (Promotion and Protection) Act 1980.
The text
What Article 42 says
42. (1) Subject to any restrictions imposed by law, every citizen shall have the right to acquire, hold, transfer or otherwise dispose of property, and no property shall be compulsorily acquired, nationalised or requisitioned save by authority of law.
[(2) A law made under clause (1) of this article shall provide for the acquisition, nationalisation or requisition with compensation and shall fix the amount of compensation or specify the principles on which, and the manner in which, the compensation is to be assessed and paid ; but no such law shall be called in question in any court on the ground that any provision of the law in respect of such compensation is not adequate.]
English text as published on the official Laws of Bangladesh website. Where a court has changed the position, the status note above explains it.
History
Amendments
- Fifteenth Amendment 2011Section 17 of the Constitution (Fifteenth Amendment) Act 2011 substituted the present clause (2) for the former clauses (2) and (3).
Connected provisions
Related articles
Questions
Article 42: frequently asked questions
What is Article 42 of the Constitution of Bangladesh?
Article 42 gives citizens the right to acquire, hold, transfer and dispose of property, subject to law. Property can be compulsorily acquired, nationalised or requisitioned only by authority of law, and that law must provide for compensation.
Can the government take my land in Bangladesh?
Yes, but only by authority of law and with compensation fixed or assessed under that law. Compulsory acquisition follows the Acquisition and Requisition of Immovable Property Act 2017. You can challenge an acquisition that breaks the statutory procedure, but not the adequacy of compensation.
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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