Article 73A Rights of ministers in Parliament
Rights of Ministers as respects Parliament
It allows specialist ministers appointed from outside Parliament to answer for their ministries in the House, while keeping voting power with elected members.
The Prime Minister appoints a qualified person who is not an MP as a minister, using the power to appoint up to one tenth of ministers from outside Parliament under Article 56. The person must be qualified for election as an MP.
In the House, the minister answers questions, moves Bills and takes part in debates on matters related to the ministry. Article 73A gives that right to speak and take part. This lets Parliament hold the minister to account directly.
When the House divides, the non-member minister cannot vote. Nor may the minister speak on matters unrelated to the ministry. Voting stays with elected members, so a technocrat minister cannot affect the outcome of any division in the House.
In plain English
How Article 73A works
Article 73A lets every minister speak in and take part in Parliament's proceedings, even if the minister is not an MP. This matters because up to a tenth of ministers can be appointed from outside Parliament (often called technocrat ministers). A non-member minister cannot vote, and may speak only on matters related to their own ministry. Ministers who are also MPs can vote and speak on anything as ordinary members. For this article, "Minister" includes the Prime Minister, Ministers of State and Deputy Ministers.
In practice
Governments have regularly included technocrat ministers who take part in debates and answer for their portfolios under Article 73A. The 1991 restriction to matters related to the minister's own ministry keeps them from joining general political debate. They may still introduce Bills, answer questions and respond in debates for their own ministry, but decisions in the House are taken only by the votes of elected members, consistent with the principle that Parliament is made up of elected representatives.
The text
What Article 73A says
[73A. (1) Every Minister shall have the right to speak in, and otherwise to take part in the proceedings of, Parliament, but shall not be entitled to vote [or to speak on any matter not related to his Ministry] unless he is a member of Parliament also.
(2) In this article, “Minister” includes a Prime Minister, [* * *], Minister of State and Deputy Minister.]
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
- Fourth Amendment 1975Inserted Article 73A.
- Twelfth Amendment 1991Inserted the words limiting non-member ministers to matters related to their ministry, and omitted "Deputy Prime Minister" from clause (2).
Connected provisions
Related articles
Questions
Article 73A: frequently asked questions
Can a technocrat minister vote in the Bangladesh Parliament?
No. Under Article 73A a minister who is not a member of Parliament may speak and take part in proceedings, but cannot vote, and may speak only on matters related to their own ministry.
Who counts as a Minister under Article 73A?
Clause (2) provides that "Minister" includes the Prime Minister, Ministers of State and Deputy Ministers. The reference to a Deputy Prime Minister was removed by the Twelfth Amendment in 1991.
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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