Article 69 Penalty for sitting before the oath
Penalty for member sitting or voting before taking oath
It deters unqualified people from acting as MPs and protects the legitimacy of laws passed by the House. Voters can be sure that those voting on their behalf have taken the oath.
A person elected to Parliament must make the oath or affirmation in the Third Schedule before acting as a member. Until then, the person should not sit or vote in the chamber. The oath is normally administered by the Speaker shortly after the election results are published.
Suppose a person takes part in a sitting or casts a vote before being sworn in, or while knowing of a disqualification under Article 66. Each day on which that happens counts separately, so repeated sittings increase the amount owed. Knowledge matters for the disqualification limb.
For each such day the person is liable to pay 1,000 taka. The sum is recoverable as a debt due to the Republic, so the State can claim it through the ordinary civil process. No criminal prosecution is needed to collect it.
In plain English
How Article 69 works
Article 69 imposes a fine on anyone who sits or votes in Parliament as a member before taking the oath or affirmation required by the Constitution. It also applies to a person who sits or votes knowing that they are not qualified, or are disqualified, to be a member. The penalty is 1,000 taka for each day the person sits or votes. The money is recovered as a debt owed to the Republic, so it can be collected through civil proceedings rather than a criminal trial. The rule protects the integrity of Parliament's votes by making sure only properly sworn and qualified members take part.
In practice
There are few reported cases of Article 69 being enforced, because members are normally sworn in before the first sitting and disqualification disputes go to the Election Commission under Article 66(4). Article 75(1)(c) separately provides that a proceeding is not invalid merely because an unentitled person took part, so the penalty, rather than invalidity, is the main consequence. The article therefore works as a deterrent rather than a frequently used sanction.
The text
What Article 69 says
69. If a person sits or votes as a member of Parliament before he makes or subscribes the oath or affirmation in accordance with this Constitution, or when he knows that he is not qualified or is disqualified for membership thereof, he shall be liable in respect of each day on which he so sits or votes to a penalty of one thousand taka to be recovered as a debt due to the Republic.
English text as published on the official Laws of Bangladesh website. Where a court has changed the position, the status note above explains it.
Connected provisions
Related articles
Questions
Article 69: frequently asked questions
What is the penalty for an MP voting before taking oath in Bangladesh?
Under Article 69, a person who sits or votes as an MP before taking the oath, or while knowing they are not qualified or are disqualified, is liable to a penalty of 1,000 taka for each day, recoverable as a debt due to the Republic.
Is a law invalid if an unqualified person voted on it?
No. Article 75(1)(c) provides that no proceeding in Parliament is invalid only because a person not entitled to take part was present or voted. Article 69 instead makes that person pay a daily penalty.
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
Need to rely on Article 69?
Our lawyers advise on writ petitions, fundamental rights and public law before the Supreme Court of Bangladesh.