Article 56 Appointment of the Prime Minister and ministers
Ministers
It ties the government to Parliament: the Prime Minister must have majority support and almost every minister must be an elected MP, which keeps executive power accountable to voters.
In force as printed. Following the reported revival of Article 58A (High Court Division, 17 December 2024, upheld by the Appellate Division on 9 July 2026), Chapter II except Article 55(4) to (6) does not apply while Parliament is dissolved; bdlaws does not yet reflect this.
After a general election, the party or alliance with most seats in Parliament chooses its leader. Following the 12 February 2026 election, for example, the leader of the majority party was invited to form a government.
The President appoints as Prime Minister the MP who appears to command the support of the majority of MPs. This is one of only two appointments where the President does not act on the Prime Minister's advice under Article 48(3).
On the Prime Minister's advice, the President appoints ministers, ministers of state and deputy ministers. At least nine-tenths must be MPs; no more than one-tenth may be technocrats who are qualified to be elected as MPs.
If an appointment is needed between a dissolution of Parliament and the next general election, the people who were MPs just before the dissolution are treated as continuing to be MPs. This avoids a gap in government during the election period.
In plain English
How Article 56 works
Article 56 explains how the government is formed. There is a Prime Minister and as many ministers, ministers of state and deputy ministers as the Prime Minister decides. The President makes all these appointments. The President must appoint as Prime Minister the MP who appears to command the support of a majority in Parliament. At least nine-tenths of the ministers must be MPs; up to one-tenth may be outsiders who are qualified to be elected as MPs, often called technocrat ministers. If appointments are needed after Parliament is dissolved and before the next election, the former MPs are treated as still being MPs for this purpose.
In practice
The majority rule in clause (3) usually makes the choice of Prime Minister straightforward after an election. The technocrat quota lets a Prime Minister bring in specialists without a seat. In August 2024, with no Prime Minister and no Parliament, the Appellate Division advised under Article 106 that the President could appoint a Chief Adviser and advisers as an interim measure; in January 2025 the High Court Division rejected a writ challenging the interim government. Once the current Parliament is dissolved, the revived Article 58A means this Chapter, apart from Article 55(4) to (6), will not apply and the caretaker chapter takes over. Under Article 142(1A), as restored by the 2024 and 2026 judgments, a Bill amending this Article must also be approved in a referendum.
The text
What Article 56 says
56. (1) There shall be a Prime Minister, and such other Ministers, Ministers of State and Deputy Ministers as may be determined by the Prime Minister.
(2) The appointments of the Prime Minister and other Ministers and of the Ministers of State and Deputy Ministers, shall be made by the President:
Provided that not less than nine tenths of their number shall be appointed from among members of Parliament and not more than one tenth of their number may be chosen from among persons qualified for election as members of Parliament.
(3) The President shall appoint as Prime Minister the member of Parliament who appears to him to command the support of the majority of the members of Parliament.
(4) If occasion arises for making any appointment under clause (2) or clause (3) between a dissolution of Parliament and the next following general election of members of Parliament, the persons who were such members immediately before the dissolution shall be regarded for the purpose of this clause as continuing to be such members.
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.
Landmark cases
How the courts have read it
Appellate Division · 2024
Special Reference No. 1 of 2024 (opinion on the interim government)
On 8 August 2024, after the Prime Minister's resignation and the dissolution of Parliament, the Appellate Division, headed by Chief Justice Obaidul Hassan, advised under Article 106 that the President could appoint a Chief Adviser and other advisers as an interim measure to fill the constitutional vacuum, and administer their oath.
Case summaries are short descriptions for orientation, not a substitute for the judgment.
History
Amendments
- Twelfth Amendment 1991 →Chapters 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 56: frequently asked questions
How is the Prime Minister of Bangladesh appointed?
The President appoints as Prime Minister the member of Parliament who appears to command the support of the majority of MPs, under Article 56(3). This is one of the two appointments the President makes without the Prime Minister's advice.
Can a non-MP become a minister in Bangladesh?
Yes, within limits. Under the proviso to Article 56(2), up to one-tenth of ministers, ministers of state and deputy ministers may be people who are qualified for election as MPs but are not MPs. These are commonly called technocrat ministers.
Sources
- Constitution of the People's Republic of Bangladesh, Article 56 (Laws of Bangladesh)
- The Financial Express: Interim government formed on SC nod (10 August 2024)
- Prothom Alo English: HC full verdict: Interim govt supported by legal documents, people's will (12 February 2025)
- Supreme Court of Bangladesh, Appellate Division: Civil Appeal Nos. 112 and 113 of 2025 (judgment of 20 November 2025; full text March 2026)
- Dhaka Tribune: High Court: Interim govt backed by legal basis (12 February 2025)
- The Business Standard: How ex-president Zillur violated oath and signed caretaker govt abolition bill (quotes the referendum clause in Article 142)
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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