First Constitution (First Amendment) Act 1973
Article 47(3) and Article 47A, added in July 1973, remain in the Constitution. The Fifteenth Amendment of 2011 widened Article 47(3) to cover any individual, group of individuals or organisation.
After the Liberation War, Bangladesh sought to put on trial people accused of genocide, crimes against humanity and war crimes. A special trial law would need protection from challenges based on the fundamental rights guaranteed in Part III of the new Constitution.
On 15 July 1973 the First Parliament passed the Constitution (First Amendment) Act 1973, Act XV of 1973. It was the first change to the Constitution since it took effect on 16 December 1972.
Section 2 added clause (3) to Article 47. No law providing for the detention, prosecution or punishment of members of armed, defence or auxiliary forces, or prisoners of war, for international crimes can be held void as inconsistent with the Constitution.
Section 3 inserted Article 47A. The rights in Article 31, clauses (1) and (3) of Article 35 and Article 44 do not apply to a person covered by such a law, and that person cannot move the Supreme Court for any constitutional remedy.
On 20 July 1973 the International Crimes (Tribunals) Act 1973 was enacted under this protection. Trials under that Act began decades later, and in 2011 the Fifteenth Amendment extended Article 47(3) to any individual, group of individuals or organisation.
In plain English
Constitution (First Amendment) Act 1973
The First Amendment was passed on 15 July 1973, seven months after the Constitution came into force. It added clause (3) to Article 47, so that no law providing for the detention, prosecution or punishment of members of armed, defence or auxiliary forces, or of prisoners of war, for genocide, crimes against humanity, war crimes and other crimes under international law could be declared void for inconsistency with the Constitution. It also inserted Article 47A, which takes away certain fundamental rights from people covered by such a law.
It cleared the way for the International Crimes (Tribunals) Act 1973.
Background
The Constitution came into force on 16 December 1972, a year after the end of the Liberation War. The new state wanted a legal basis for trying people accused of genocide and other international crimes committed in 1971. Ordinary criminal law, and the fundamental rights in Part III, could have been used to challenge a special trial law that operated retrospectively and departed from normal procedure. The First Parliament therefore amended the Constitution first.
Five days later, on 20 July 1973, the International Crimes (Tribunals) Act 1973 (Act XIX of 1973) was enacted.
What changed
What the First Amendment changed, article by article
Article 47
First AmendmentClause (3): notwithstanding anything in the Constitution, no law providing for detention, prosecution or punishment of any member of armed, defence or auxiliary forces, or prisoner of war, for genocide, crimes against humanity or war crimes and other crimes under international law shall be deemed void or unlawful for inconsistency with the Constitution.
Added by section 2. The Fifteenth Amendment 2011 (section 19(ii)) inserted "or any individual, group of individuals or organisation".
Article 47A
First Amendment(1) The rights guaranteed under article 31, clauses (1) and (3) of article 35 and article 44 shall not apply to any person to whom a law specified in clause (3) of article 47 applies. (2) Such a person shall not have the right to move the Supreme Court for any remedy under the Constitution.
Inserted by section 3.
What happened next
What happened to the First Amendment next
The First Amendment has never been repealed, and both of its provisions remain in the official text. The Fifteenth Amendment of 2011 widened Article 47(3) so that it covers laws for the trial of any individual, group of individuals or organisation, not only members of armed, defence or auxiliary forces and prisoners of war. Both provisions therefore continue to protect the International Crimes (Tribunals) Act 1973, under which trials have been held since 2010, from challenge on the ground of inconsistency with the fundamental rights.
Timeline
- Constitution comes into force
- First Amendment passed by Parliament
- International Crimes (Tribunals) Act 1973 enacted
- Fifteenth Amendment widens Article 47(3)
Questions
First Amendment: frequently asked questions
What did the First Amendment do?
It added clause (3) to Article 47 and inserted Article 47A. Together they protect laws for the trial of genocide, crimes against humanity, war crimes and other international crimes from being struck down for inconsistency with the Constitution, and they remove certain fundamental rights from people covered by such laws.
Which rights does Article 47A take away?
Article 47A says the rights in Article 31 (protection of law), clauses (1) and (3) of Article 35 (no retrospective punishment, and a speedy and public trial) and Article 44 (enforcement of fundamental rights) do not apply. Such a person also cannot move the Supreme Court for constitutional remedies.
Is the First Amendment still in force?
Yes. Article 47(3) and Article 47A remain in the official text on bdlaws. The Fifteenth Amendment of 2011 widened Article 47(3) to include any individual, group of individuals or organisation, but did not remove either provision.
Sources
- bdlaws: The Constitution of the People's Republic of Bangladesh (full text with footnotes)
- bdlaws: International Crimes (Tribunals) Act 1973 (Act XIX of 1973)
- Banglapedia: Constitutional Amendments
- The Daily Star: 50 Years of Bangladesh Constitution in a nutshell
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.
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