Article 53 Removing the President for physical or mental incapacity
Removal of President on ground of incapacity
It ensures the State is never left with a Head of State who cannot function, while protecting the President from removal without medical evidence and a fair hearing.
A notice of motion setting out particulars of the President's alleged physical or mental incapacity is signed by a majority of the total number of MPs and delivered to the Speaker, who must summon Parliament if it is not already in session.
Parliament passes a resolution constituting a medical board. The Speaker sends the President a copy of the notice and a signed request to submit to an examination by the board within ten days of the request.
If the President is examined, the board must report its opinion to Parliament within seven days, failing which the report is dispensed with. The President has the right to appear and to be represented while Parliament considers the motion.
The motion is put to the vote between fourteen and thirty days after notice. If at least two-thirds of all MPs vote for it, the President vacates office on that date, and the Speaker acts as President under Article 54 until a successor is elected.
In plain English
How Article 53 works
Article 53 deals with a President who can no longer do the job because of physical or mental incapacity. It is not a punishment but a safeguard. A majority of all MPs must sign a notice to the Speaker describing the alleged incapacity. Parliament then sets up a medical board, and the President is asked to be examined within ten days. The vote cannot take place sooner than 14 days or later than 30 days after notice. If the President was examined, Parliament must wait for the board's report, due within seven days. The President can appear and be represented. Removal needs the votes of at least two-thirds of all MPs.
In practice
Article 53 has never been used to remove a President of Bangladesh. Its design follows the impeachment model in Article 52: a majority of all MPs to start, two-thirds of all MPs to finish, and a right for the President to be heard. The added element is medical evidence. If the President refuses to be examined before the motion is made, the vote can proceed without the board's report. In practice, short-term illness or absence is handled under Article 54, which lets the Speaker discharge the President's functions without any removal at all.
The text
What Article 53 says
53. (1) The President may be removed from office on the ground of physical or mental incapacity on a motion of which notice, signed by a majority of the total number of members of Parliament, is delivered to the Speaker, setting out particulars of the alleged incapacity.
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(3) The motion for removal shall not be put to the vote earlier than fourteen nor later than thirty days after notice of the motion is delivered to the Speaker, and if it is again necessary to summon Parliament in order to enable the motion to be made within that period, the Speaker shall summon Parliament.
(4) The President shall have the right to appear and to be represented during the consideration of the motion.
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(7) If after consideration by Parliament of the motion and of the report of the Board (which shall be submitted within seven days of the examination held pursuant to clause (2) and if not so submitted shall be dispensed with) the motion is passed by the votes of not less than two thirds of the total number of members of Parliament, the President shall vacate his office on the date on which the resolution is passed.
Key clauses shown. Omitted text is marked with an ellipsis; read the full text on the official site.
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
- Twelfth Amendment 1991Chapters I, II and III of Part IV were substituted for the former Chapters I and II by section 3 of Act XXVIII of 1991, restoring the parliamentary system of government.
Connected provisions
Related articles
Questions
Article 53: frequently asked questions
Can the President of Bangladesh be removed for ill health?
Yes. Under Article 53, Parliament can remove the President for physical or mental incapacity. A majority of all MPs must sign the notice, a medical board is constituted, and removal requires the votes of at least two-thirds of the total number of MPs.
What happens if the President refuses a medical examination?
If the President has not submitted to examination by the medical board before the motion is made in Parliament, the motion may still be put to the vote. It succeeds if at least two-thirds of the total number of MPs vote in favour.
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.
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