Article 129 Term and removal of the Auditor-General
Term of office of Auditor-General
Security of tenure is what allows the Auditor-General to criticise powerful ministries. The ban on later government jobs protects the integrity of the audit while the officeholder is in post.
The Auditor-General takes office and the clock starts on a term of five years, or until the officeholder turns sixty-five, if that comes earlier. The term is fixed by the Constitution itself, not by the government's pleasure, so it cannot be cut short by an executive order.
The office issues a report criticising a powerful ministry for irregular spending. Ministers are unhappy, but they cannot simply dismiss the Auditor-General, because Article 129(2) protects the office in the same way as a Supreme Court judge's office is protected.
Removal is possible only on the grounds and by the procedure that apply to a Supreme Court judge, namely incapacity or gross misconduct established through the constitutional process. This makes removal for political reasons very difficult.
When the term ends, Article 129(4) bars the former Auditor-General from any further office in the service of the Republic. The officeholder therefore has nothing to gain by favouring the government of the day during the term of office.
In plain English
How Article 129 works
Article 129 protects the Auditor-General's job. The officeholder serves for five years or until reaching the age of sixty-five, whichever comes first. The Auditor-General cannot be removed except in the same way and on the same grounds as a Supreme Court judge, so the government cannot simply dismiss an auditor who produces awkward reports. The Auditor-General may resign by writing to the President. After leaving office, the person cannot hold any further post in the service of the Republic, which removes any temptation to please the government in the hope of a later job.
In practice
Because removal follows the procedure for Supreme Court judges, the Auditor-General's protection depends on whatever procedure Article 96 provides at the time, and that procedure has itself been the subject of the Sixteenth Amendment litigation. The officeholder can be removed only through that judicial-style process, which makes political dismissal very difficult. The age limit was raised to sixty-five and the term fixed at five years by the Fourteenth Amendment in 2004.
The text
What Article 129 says
129. [(1) The Auditor-General shall, subject to the provisions of this article, hold office for five years from the date on which he entered upon his office, or until he attains the age of sixty-five years, whichever is earlier.]
(2) The Auditor General shall not be removed from his office except in like manner and on the like grounds as a Judge of the [Supreme Court].
(3) The Auditor General may resign his office by writing under his hand addressed to the President.
(4) On ceasing to hold office the Auditor General shall not be eligible for further office in the service of the Republic.
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.
History
Amendments
- Fourteenth Amendment 2004 →Substituted clause (1), fixing a term of five years or until the age of sixty-five, whichever is earlier.
- Fifteenth Amendment 2011 →Adjusted the reference to the Supreme Court in the removal clause.
Connected provisions
Related articles
Questions
Article 129: frequently asked questions
How long is the term of the Auditor-General of Bangladesh?
Five years from the date of entering office, or until the age of sixty-five, whichever is earlier. This was set by the Fourteenth Amendment in 2004, which substituted clause (1) of Article 129.
Can the Auditor-General be sacked by the government?
No. Article 129(2) says the Auditor-General can only be removed in like manner and on the like grounds as a judge of the Supreme Court, which requires proof of incapacity or gross misconduct through the constitutional procedure.
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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