Article 92A Presidential spending power (omitted)
Authorisation of expenditure in certain cases [Omitted]
The omission of Article 92A restored Parliament's control of the public purse, a central feature of the parliamentary system.
Omitted by section 10 of the Constitution (Twelfth Amendment) Act, 1991 (Act XXVIII of 1991), when the parliamentary system of government was restored.
Under the presidential system, Article 92A let the President authorise expenditure in certain cases even without parliamentary approval. It strengthened the executive at the expense of Parliament's budget control, reflecting the concentration of power in the presidency at that time.
The Twelfth Amendment of 1991 restored parliamentary government and omitted Article 92A. Article 92(3) now allows only a limited 60-day authorisation on the Prime Minister's advice, and only when Parliament has failed to pass the budget in time.
In plain English
How Article 92A works
Article 92A no longer exists. It dated from the presidential system of the late 1970s and gave the President power to authorise spending from public funds in certain cases, even where Parliament had not approved it. When Bangladesh returned to a parliamentary system of government in 1991, the Twelfth Amendment removed Article 92A. In its place, the same amendment added Article 92(3), a narrower power: the President, acting on the Prime Minister's advice, may authorise spending for up to 60 days only if Parliament has failed to pass the budget in time.
In practice
Article 92A has no current effect. The bdlaws page records only that it was omitted by section 10 of the Twelfth Amendment in 1991. Its history is mainly relevant to understanding why Article 92(3) is tightly drawn and tied to the Prime Minister's advice.
The text
What Article 92A says
92A. [Authorisation of expenditure in certain cases.- omitted by section 10 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991).]
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 92A: frequently asked questions
What was Article 92A of the Constitution of Bangladesh?
Article 92A, headed "Authorisation of expenditure in certain cases", gave the President power to authorise spending in certain cases during the presidential system. It was omitted by the Twelfth Amendment in 1991.
What replaced Article 92A?
The Twelfth Amendment added Article 92(3), which lets the President, on the Prime Minister's advice, authorise withdrawals from the Consolidated Fund for up to 60 days only if Parliament has not passed the budget in time.
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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