Fourth Constitution (Fourth Amendment) Act 1975
Its core changes, the presidential system, the single national party and the curbs on the courts, were reversed by martial law proclamations from 1975 (ratified by the Fifth Amendment in 1979), the Twelfth Amendment of 1991 and the Fifteenth Amendment of 2011. Some smaller changes, such as Articles 73A, 115 and 116A, remain.
By the end of 1974 the country faced economic hardship, famine and political unrest. The government argued that a stronger executive was needed and proposed a fundamental change to the system of government.
On 25 January 1975 the First Parliament passed the Constitution (Fourth Amendment) Act 1975, Act II of 1975. It also extended the First Parliament's term and made special provision for the office of President and its holder.
Executive power moved from a Cabinet answerable to Parliament to the President. Article 73A was inserted so that ministers could take part in Parliament, and Parliament's powers over legislation were curtailed.
A new Part VIA, Article 117A, allowed the President to direct that there would be a single national party. The Bangladesh Krishak Sramik Awami League was formed under it on 24 February 1975.
The President could appoint judges without consulting the Chief Justice and remove them by order. Control of the subordinate judiciary passed to the President, and Article 44 no longer let citizens enforce fundamental rights in the High Court Division.
Martial law proclamations from August 1975 removed the single party and restored rights enforcement, and the Fifth Amendment ratified them. The Twelfth Amendment of 1991 restored parliamentary government, and the Fifteenth Amendment of 2011 omitted Part VIA.
In plain English
Constitution (Fourth Amendment) Act 1975
The Fourth Amendment, passed on 25 January 1975, made the largest changes to the original Constitution. It replaced the parliamentary system with a presidential one, gave executive power to the President, and inserted Part VIA, which allowed a single national party. It curtailed Parliament's powers, gave the President control over the appointment and removal of judges and over the subordinate judiciary, and took away the High Court Division's power to enforce fundamental rights.
It also extended the term of the First Parliament and made special provision for the President in office. Most of these changes have since been reversed.
Background
By late 1974 Bangladesh faced severe economic difficulty, famine and political unrest. The government argued that a stronger executive and a single national platform were needed. The First Parliament, in which the Awami League held a large majority, passed the Fourth Amendment on 25 January 1975, and Sheikh Mujibur Rahman became President under its transitional provisions. The national party, Bangladesh Krishak Sramik Awami League (BAKSAL), was formed on 24 February 1975.
What changed
What the Fourth Amendment changed, article by article
Article 11
Fourth Amendment... and in which effective participation by the people through their elected representatives in administration at all levels shall be ensured
Those words omitted.
Section 2. The words were reinserted by the Twelfth Amendment 1991.
Article 44
Fourth AmendmentThe right to move the High Court Division under Article 102 for enforcement of fundamental rights.
A substituted Article 44 that took away the High Court Division's jurisdiction to enforce fundamental rights, as reported.
Restored by martial law proclamation, ratified by the Fifth Amendment; the present text was substituted by the Fifteenth Amendment 2011.
Article 48
Fourth AmendmentA parliamentary system with the President acting on the Prime Minister's advice.
A presidential system in which executive power was vested in the President, as reported.
The executive chapters of Part IV were later replaced by the Twelfth Amendment 1991 (section 3).
Article 66
Fourth AmendmentAmended, as listed by Banglapedia. The detailed wording could not be checked against the Act text.
Article 67
Fourth Amendment... to make and subscribe before Parliament the oath or affirmation ...
The words "before Parliament" omitted from clause (1)(a).
Section 5.
Article 70
Fourth AmendmentSubstituted, as listed by Banglapedia. The present Article 70 was substituted by the Fifteenth Amendment 2011.
Article 72
Fourth AmendmentAmended, as listed by Banglapedia. The detailed wording could not be checked against the Act text.
Article 73A
Fourth AmendmentEvery Minister has the right to speak in and otherwise take part in the proceedings of Parliament, but may not vote unless he is a member of Parliament.
Section 9. Amended by the Twelfth Amendment 1991.
Article 74
Fourth Amendment... the Speaker is exercising the functions of the President ...
... the Speaker is acting as President ...
Section 10, in clause (3).
Article 76
Fourth AmendmentAt its first meeting in each session Parliament shall appoint ... standing committees
The words "At its first meeting in each session" omitted from clause (1).
Section 11.
Article 80
Fourth AmendmentAmended, as listed by Banglapedia. The detailed wording could not be checked against the Act text.
Article 88
Fourth AmendmentAmended, as listed by Banglapedia. The detailed wording could not be checked against the Act text.
Article 95
Fourth AmendmentJudges appointed by the President after consultation with the Chief Justice.
The President became the sole authority for appointing the Chief Justice and other judges, as reported.
Consultation was restored by the Fifteenth Amendment 2011.
Article 96
Fourth AmendmentRemoval of a judge by presidential order after a resolution of Parliament.
Judges could be removed by order of the President for misbehaviour or incapacity, as reported.
Listed by The Daily Star; later replaced by the Supreme Judicial Council system.
Article 98
Fourth AmendmentAmended, as listed by Banglapedia. The detailed wording could not be checked against the Act text.
Article 102
Fourth AmendmentSubstituted, as listed by Banglapedia, in line with the removal of the High Court Division's power to enforce fundamental rights.
Chapter I of Part VI was later substituted by the Fifteenth Amendment 2011.
Article 109
Fourth AmendmentAmended, as listed by Banglapedia. The detailed wording could not be checked against the Act text.
Article 115
Fourth AmendmentThe original Article 115 on appointments to subordinate courts.
Appointments of persons to offices in the judicial service or as magistrates exercising judicial functions shall be made by the President in accordance with rules made by him in that behalf.
Section 19.
Article 116
Fourth AmendmentControl and discipline of subordinate judicial officers vested in the Supreme Court.
Control and discipline vested in the President, as reported.
The present text was substituted by the Fifteenth Amendment 2011 (section 32).
Article 116A
Fourth AmendmentSubject to the provisions of the Constitution, all persons employed in the judicial service and all magistrates shall be independent in the exercise of their judicial functions.
Section 21.
Article 117
Fourth AmendmentAmended, as listed by Banglapedia. The detailed wording could not be checked against the Act text.
Article 117A
Fourth AmendmentPart VIA, The National Party: provision for a single national party.
Omitted by the Fifteenth Amendment 2011 (section 34).
Article 119
Fourth AmendmentAmended, as listed by Banglapedia. The detailed wording could not be checked against the Act text.
Article 122
Fourth AmendmentAmended, as listed by Banglapedia. The detailed wording could not be checked against the Act text.
Article 123
Fourth AmendmentAmended, as listed by Banglapedia. The detailed wording could not be checked against the Act text.
Article 124
Fourth AmendmentSubstituted, as listed by Banglapedia. The present Article 124 was substituted by the Twelfth Amendment 1991.
Article 141A
Fourth AmendmentThe original proviso to clause (1).
Section 28.
Article 147
Fourth AmendmentAmended, as listed by Banglapedia. The detailed wording could not be checked against the Act text.
Article 148
Fourth Amendment... and for any reason it is impracticable for the oath to be made before that person ...
Those words omitted from clause (2).
Section 30.
Second Schedule
Fourth AmendmentSecond Schedule: Election of President.
Section 31.
Third Schedule
Fourth AmendmentOaths of the Speaker and Deputy Speaker administered by the Chief Justice; MPs' oath taken at a meeting of Parliament.
"Chief Justice" replaced in forms 3 and 4, and the words "at a meeting of Parliament" omitted from form 5.
Section 32(c), (d) and (e).
Fourth Schedule
Fourth AmendmentAltered, as listed by Banglapedia. The detailed wording could not be checked against the Act text.
What happened next
What happened to the Fourth Amendment next
After the assassination of President Sheikh Mujibur Rahman on 15 August 1975, martial law proclamations removed the single national party and restored the High Court Division's power to enforce fundamental rights. The Fifth Amendment of 1979 ratified those changes. The Twelfth Amendment of 1991 restored parliamentary government, and the Fifteenth Amendment of 2011 omitted Part VIA and restored consultation with the Chief Justice on appointments. On 2 September 2025 the High Court Division declared the amended Article 116 void in part and restored the 1972 version.
On 9 June 2026 the Appellate Division stayed that judgment, reported as the judgment directing a separate secretariat, pending appeal.
Timeline
- Fourth Amendment passed; Sheikh Mujibur Rahman becomes President
- BAKSAL formed as the national party
- President assassinated; martial law follows
- Fifth Amendment ratifies martial law changes
- Twelfth Amendment restores parliamentary government
- Fifteenth Amendment omits Part VIA
Landmark cases
How the courts have read the Fourth Amendment
High Court Division · 2025
Writ petition by ten Supreme Court lawyers on Article 116
On 2 September 2025 declared the amended Article 116 void in part and restored the 1972 text vesting control of subordinate courts in the Supreme Court. Stayed by the Appellate Division on 9 June 2026; reports do not say whether the stay covers the Article 116 ruling.
Questions
Fourth Amendment: frequently asked questions
What was the main change made by the Fourth Amendment?
It replaced the parliamentary system with a presidential one and allowed a single national party under Part VIA. It also gave the President control over judicial appointments, removal of judges and the subordinate courts, and removed the High Court Division's power to enforce fundamental rights.
Is the Fourth Amendment still in force?
Mostly not. Its main features were reversed by martial law proclamations ratified by the Fifth Amendment, by the Twelfth Amendment of 1991 and by the Fifteenth Amendment of 2011. Some smaller changes remain, including Articles 73A, 115 and 116A and the omission of the Second Schedule.
Was the Fourth Amendment declared void by a court?
Not as a whole. Its changes were mainly undone by later amendments. In September 2025 the High Court Division restored the 1972 text of Article 116, a provision first changed by the Fourth Amendment, but that judgment was stayed in June 2026 pending appeal.
Sources
- bdlaws: The Constitution of the People's Republic of Bangladesh (full text with footnotes)
- bdlaws: Constitution of Bangladesh, Schedules (PDF)
- Banglapedia: Constitutional Amendments
- The Daily Star: 50 Years of Bangladesh Constitution in a nutshell
- Dhaka Tribune: Baksal, Bangabandhu's second revolution
- TBS: HC scraps parts of Article 116, returns control of subordinate courts to Supreme Court
- Dhaka Tribune: Appellate Division stays HC verdict on SC secretariat
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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