Article 63 No war without Parliament's assent
War
It places the gravest decision a State can take under democratic control, which matters to every citizen and to anyone assessing Bangladesh's political risk.
A dispute with another State escalates, or Bangladesh is asked to join a military conflict abroad. The government may consider a military response, but the Constitution does not allow the executive to take the country to war on its own authority.
The government must bring the question to Parliament and seek its assent. Without that assent, war cannot be declared and the Republic cannot participate in any war, however urgent the government considers the situation to be.
MPs debate and vote. Only if Parliament assents can the State declare or participate in war. If Parliament has been dissolved, Article 72(4) allows the President to recall it when the Republic is engaged in war.
In plain English
How Article 63 works
Article 63 says Bangladesh cannot declare war, or take part in any war, without the assent of Parliament. The decision to go to war is therefore not left to the President or the government alone; it must be approved by the elected representatives of the people. The Article originally had two more clauses, but these were removed by the Second Amendment in 1973, leaving only this single rule. It sits alongside Article 25, which commits the State to international peace and the peaceful settlement of disputes.
In practice
Bangladesh has not declared war since independence, and Article 63 has not been formally invoked. Its armed forces serve widely in United Nations peacekeeping missions, which are not treated as participation in war. The Second Amendment Act 1973 omitted clauses (2) and (3) of the original Article. The link with Article 72(4), which allows a dissolved Parliament to be recalled if the Republic is engaged in war, and with the revived proviso to Article 58A, keeps Parliament central even during an election period.
The text
What Article 63 says
63. (1) War shall not be declared and the Republic shall not participate in any war except with the assent of Parliament.
[* * *]
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
- Second Amendment 1973Clauses (2) and (3) omitted (section 4 of Act XXIV of 1973).
Connected provisions
Related articles
Questions
Article 63: frequently asked questions
Who can declare war in Bangladesh?
War can be declared, and Bangladesh can take part in a war, only with the assent of Parliament under Article 63(1). Neither the President nor the government can do so on their own authority.
What happens if Parliament is dissolved during a war?
Under Article 72(4), if the Republic is engaged in war while Parliament stands dissolved, the President can summon the dissolved Parliament. The revived proviso to Article 58A then makes the ordinary Cabinet chapter apply again.
Sources
- Constitution of the People's Republic of Bangladesh, Article 63 (Laws of Bangladesh)
- Supreme Court of Bangladesh, Appellate Division: Thirteenth Amendment judgment (Civil Appeal No. 139 of 2005)
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
Need to rely on Article 63?
Our lawyers advise on writ petitions, fundamental rights and public law before the Supreme Court of Bangladesh.