Constitution (Fourteenth Amendment) Act 2004

by Barrister Tahmidur Rahman | Oct 25, 2026

In forcePassed 16 May 2004Act XIV of 2004

Fourteenth Constitution (Fourteenth Amendment) Act 2004

Its changes to Articles 96(1), 129, 139 and 148 stand. Its portrait provision in Article 4A and its 45 reserved seats in Article 65(3) were replaced by the Fifteenth Amendment in 2011.

Constitution (Fourteenth Amendment) Act 2004
16 MAY 2004226 TO 1
45 SEATSTEN YEARS
ARTICLE 4APORTRAITS
JUDGES TO 67OFFICIALS TO 65
ARTICLE 148(2A)ELECTION COMMISSIONER
PARTLY REPLACEDSTILL PRINTED
1 / 6
  1. Parliament passed the Constitution (Fourteenth Amendment) Bill on 16 May 2004 by 226 votes to one, as reported, with the main opposition party staying away. The President assented the next day, and the Act became Act XIV of 2004.

  2. Article 65(3) was changed to reserve 45 seats for women for ten years. They were to be elected by the 300 directly elected members, in proportion to each party's strength in the House, rather than by voters directly.

  3. A new Article 4A required the portraits of the President and the Prime Minister to be preserved and displayed in government and semi-government offices, statutory bodies, educational institutions, and embassies and missions abroad, as reported.

  4. The retirement age of Supreme Court judges in Article 96(1) rose from 65 to 67. The upper age for the Comptroller and Auditor-General in Article 129 and for public service commission members in Article 139 rose to 65.

  5. New Article 148(2A) lets the Chief Election Commissioner swear in newly elected MPs if the person named in the Constitution does not do so within three days of the results being gazetted. It was used on 17 February 2026, as reported.

  6. The Fifteenth Amendment of 2011 replaced Article 4A with a portrait of the Father of the Nation and raised the reserved seats to 50. The age limits and the oath fallback from 2004 remain in the text.

In plain English

Constitution (Fourteenth Amendment) Act 2004

The Fourteenth Amendment made four main changes. It reserved 45 seats for women in Parliament for ten years, to be elected by the 300 directly elected members. It required portraits of the President and the Prime Minister to be displayed in government and other public offices. It raised the retirement age of Supreme Court judges from 65 to 67, and of the Comptroller and Auditor-General and public service commission members to 65.

It also allowed the Chief Election Commissioner to swear in newly elected MPs if the person named in the Constitution did not do so within three days. The oath provision was first used in February 2026.

Background

The reserved seats for women created by earlier amendments had expired with the Seventh Parliament in 2001, so the Eighth Parliament elected that year had no reserved seats. The governing alliance introduced the Fourteenth Amendment in 2004 to restore them and to make other changes. The main opposition party did not take part in the vote, as reported.

Critics also argued that raising the judges' retirement age affected which retired Chief Justice would be first in line to lead the next caretaker government under Article 58C, and that question became part of the dispute before the planned January 2007 election.

What changed

What the Fourteenth Amendment changed, article by article

Inserted

Article 4A

Fourteenth Amendment
After

Required the portraits of the President and the Prime Minister to be preserved and displayed in specified public offices, institutions and missions abroad, as reported.

Substituted in 2011 by section 5 of the Fifteenth Amendment with the present provision on the portrait of the Father of the Nation.

Substituted

Article 65

Fourteenth Amendment
Before

Reserved seats for women under clause (3) had expired in 2001.

After

Reserved 45 seats for women for ten years, elected by the members elected under clause (2).

Clause (3). Replaced in 2011 (50 seats) and again in 2018 by the Seventeenth Amendment.

Amended

Article 96

Fourteenth Amendment
Before

A Judge shall hold office until he attains the age of sixty-five years.

After

A Judge shall hold office until he attains the age of sixty-seven years.

Clause (1). The age of sixty-seven was kept when the Fifteenth Amendment substituted Chapter I of Part VI in 2011.

Substituted

Article 129

Fourteenth Amendment
After

The Auditor-General shall 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.

Clause (1), by section 5.

Amended

Article 139

Fourteenth Amendment
Before

sixty-two

After

sixty five

Clause (1), by section 6: the upper age for the chairman and members of a public service commission.

Inserted

Article 148

Fourteenth Amendment
After

If within three days after the gazetting of a general election result the person specified does not administer the oath to the newly elected MPs, the Chief Election Commissioner shall administer it within the next three days.

Clause (2A), by section 7.

What happened next

What happened to the Fourteenth Amendment next

No court judgment setting aside the Fourteenth Amendment was found. The Fifteenth Amendment of 2011 replaced two of its provisions: Article 4A was substituted to require the portrait of the Father of the Nation instead, and clause (3) of Article 65 was substituted to raise the reserved seats to 50, later extended by the Seventeenth Amendment in 2018. The retirement age of 67 for Supreme Court judges was carried into the Chapter I of Part VI substituted in 2011.

The oath fallback in Article 148(2A) was used on 17 February 2026, when the Chief Election Commissioner swore in the newly elected members of the 13th Parliament, as reported.

Timeline

  1. Bill passed by the Eighth Parliament, 226 votes to one, as reported
  2. Presidential assent, as reported
  3. Fifteenth Amendment passed, replacing Article 4A and Article 65(3)
  4. Chief Election Commissioner swears in new MPs under Article 148(2A), as reported

Questions

Fourteenth Amendment: frequently asked questions

What did the Fourteenth Amendment change?

It reserved 45 seats for women for ten years, required the portraits of the President and the Prime Minister in public offices, raised the retirement age of Supreme Court judges to 67, raised the age limit for the Auditor-General and public service commission members to 65, and let the Chief Election Commissioner swear in new MPs.

Why was the judges' retirement age controversial?

Under Article 58C the most recently retired Chief Justice was first in line to be Chief Adviser of the caretaker government. Critics argued that raising the retirement age changed who that would be at the next election, and the dispute over the appointment became part of the political crisis of late 2006.

Is Article 148(2A) still used?

Yes. It was used on 17 February 2026, when the Chief Election Commissioner administered the oath to the newly elected members of Parliament because no Speaker or Deputy Speaker was available, as reported.

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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