Twelfth Constitution (Twelfth Amendment) Act 1991
Its changes stand and are in force from 18 September 1991. The referendum clause it revised in Article 142 was removed in 2011, but the High Court Division restored Article 142 as it stood after the Twelfth Amendment on 17 December 2024, and the Appellate Division dismissed the appeals on 9 July 2026, as reported.
From 1975 executive power lay with the President, who appointed the Prime Minister, the ministers and the Vice-President. After the 1990 uprising and the February 1991 election, the parties in Parliament agreed to restore the parliamentary system.
The Fifth Parliament passed the Constitution (Twelfth Amendment) Bill on 6 August 1991, as reported. Because it amended Articles 48 and 56 and Article 142 itself, Article 142(1A) required the President to refer it to the voters.
On 15 September 1991 voters were asked whether the President should assent to the Bill. About 84 per cent of votes cast said yes, on a turnout of about 35 per cent, as reported by The Daily Star from Election Commission data.
From 18 September 1991 executive power is exercised by or on the authority of the Prime Minister. The Cabinet is collectively responsible to Parliament, and the Prime Minister is the member who commands the support of the majority.
The President is now elected by Members of Parliament and acts on the Prime Minister's advice, except in appointing the Prime Minister and the Chief Justice. The office of Vice-President was abolished, and emergency and spending powers were tied to the Prime Minister.
The Twelfth Amendment's structure remains in force. In 2011 the Fifteenth Amendment removed the referendum clause; on 17 December 2024 the High Court Division restored Article 142 as it stood after the Twelfth Amendment, and appeals were dismissed in July 2026.
In plain English
Constitution (Twelfth Amendment) Act 1991
The Twelfth Amendment restored parliamentary government. It replaced Chapters I and II of Part IV with new Chapters I to III, so that executive power is exercised by or on the authority of the Prime Minister, the Cabinet is collectively responsible to Parliament, and the President, elected by Members of Parliament, acts on the Prime Minister's advice except in appointing the Prime Minister and the Chief Justice.
It abolished the office of Vice-President, restored elected local government and amended more than 20 other provisions, including Articles 11, 70, 72, 92, 141A and 142. Because it amended Articles 48, 56 and 142, it was put to a referendum on 15 September 1991.
Background
Bangladesh began in 1972 with a parliamentary system. The Fourth Amendment of 1975 replaced it with a presidential system, which continued under the governments that followed. After President Hussain Muhammad Ershad resigned on 6 December 1990, an interim government under acting President Shahabuddin Ahmed held a general election on 27 February 1991. The main parties in the Fifth Parliament agreed to return to parliamentary government.
Under Article 142(1A), inserted in 1978, a Bill amending the Preamble or certain Articles, including 48 and 56, could take effect only if approved by voters in a referendum.
What changed
What the Twelfth Amendment changed, article by article
Article 11
Twelfth AmendmentInserted ", and in which effective participation by the people through their elected representatives in administration at all levels shall be ensured".
Section 2. The words had been omitted by the Fourth Amendment in 1975.
Article 48
Twelfth AmendmentA President elected under the presidential system who held executive power.
There shall be a President of Bangladesh who shall be elected by members of Parliament in accordance with law; he acts on the Prime Minister's advice except in appointing the Prime Minister and the Chief Justice.
Section 3 substituted new Chapters I, II and III of Part IV for the former Chapters I and II (Articles 48 to 60).
Article 49
Twelfth AmendmentPrerogative of mercy, in the new Chapter I.
Section 3.
Article 50
Twelfth AmendmentTerm of office of President: five years, and no more than two terms, whether or not consecutive.
Section 3.
Article 51
Twelfth AmendmentPresident's immunity, in the new Chapter I.
Section 3.
Article 52
Twelfth AmendmentImpeachment of the President by Parliament, in the new Chapter I.
Section 3.
Article 53
Twelfth AmendmentRemoval of the President on the ground of incapacity, in the new Chapter I.
Section 3.
Article 54
Twelfth AmendmentThe Speaker acts as President during a vacancy or the President's absence or illness.
Section 3. The Vice-President no longer exists to fill the role.
Article 55
Twelfth AmendmentThere shall be a Cabinet headed by the Prime Minister; executive power is exercised by or on the authority of the Prime Minister, and the Cabinet is collectively responsible to Parliament.
Section 3, new Chapter II.
Article 56
Twelfth AmendmentThe President appoints as Prime Minister the member of Parliament who appears to command the support of the majority, and other ministers on the Prime Minister's advice.
Section 3.
Article 57
Twelfth AmendmentTenure of office of the Prime Minister, including resignation on losing the support of the majority.
Section 3.
Article 58
Twelfth AmendmentTenure of office of other ministers.
Section 3.
Article 59
Twelfth AmendmentLocal government in every administrative unit shall be entrusted to bodies composed of persons elected in accordance with law.
Section 3, new Chapter III.
Article 60
Twelfth AmendmentParliament shall by law confer powers on local government bodies, including power to impose taxes and maintain funds.
Section 3.
Article 66
Twelfth Amendment... he is a President, Vice-President, Prime Minister, Deputy Prime Minister, Minister ...
... he is a President, Prime Minister, Minister ...
Section 4, in clause (2A). Clause (2A) was later substituted by the Fifteenth Amendment.
Article 70
Twelfth AmendmentA member elected as a party's candidate vacates his seat if he resigns from the party or votes against it in Parliament; abstaining or absence against the party's direction counts as voting against it; and the Speaker resolves disputes over parliamentary party leadership.
Section 5. Article 70 was substituted again by the Fifteenth Amendment in 2011.
Article 72
Twelfth AmendmentSubstituted the proviso to clause (1), so that the President acts on the written advice of the Prime Minister in summoning, proroguing and dissolving Parliament, and omitted clause (4A).
Section 6.
Article 73A
Twelfth AmendmentInserted "or to speak on any matter not related to his Ministry" and omitted "Deputy Prime Minister".
Section 7.
Article 88
Twelfth AmendmentOmitted clause (aa) from the list of charges on the Consolidated Fund.
Section 8.
Article 92
Twelfth AmendmentClause (3): if the annual budget is not passed in time, the President, on the Prime Minister's advice, may authorise withdrawals from the Consolidated Fund for up to 60 days.
Section 9.
Article 92A
Twelfth AmendmentAuthorisation of expenditure in certain cases.
Section 10.
Article 109
Twelfth Amendment... superintendence and control over all courts subordinate to it.
... superintendence and control over all courts and tribunals subordinate to it.
Section 11.
Article 119
Twelfth AmendmentClause (1) substituted, so that the Election Commission superintends elections to the office of President and to Parliament, with no reference to the Vice-President.
Section 12.
Article 122
Twelfth AmendmentOmitted the words "to the offices of President and Vice-President and", made consequential changes and omitted clause (3).
Section 13.
Article 123
Twelfth AmendmentSubstituted clauses (1) and (2) for former clauses (1), (2), (2A) and (2B) on the timing of presidential elections, and added a proviso to clause (4).
Section 14.
Article 124
Twelfth AmendmentParliament may by law provide for all matters relating to elections to Parliament.
Section 15.
Article 125
Twelfth Amendment... the offices of President and Vice-President ...
... the offices of President ...
Section 16.
Article 141A
Twelfth AmendmentProvided that such Proclamation shall require for its validity the prior counter signature of the Prime Minister.
Section 17, a proviso to clause (1).
Article 141C
Twelfth Amendment... the President may, by order, declare ...
... the President may, on the written advice of the Prime Minister, by order, declare ...
Section 18.
Article 142
Twelfth AmendmentClause (1A) required a referendum for Bills amending the Preamble or Articles 8, 48, 56, 58, 80, 92A or 142, voted on by those on the roll for presidential elections.
Clause (1A) now covers the Preamble and Articles 8, 48, 56 and 142; the roll is the one for parliamentary elections; new clause (1D) says the result is not a vote of confidence in the Cabinet or Parliament.
Section 19. Clause (1A) itself dated from the Second Proclamation Order No. IV of 1978.
Article 145A
Twelfth AmendmentSubstituted the proviso: any treaty connected with national security shall be laid in a secret session of Parliament.
Section 20. Article 145A was later substituted by the Fifteenth Amendment.
Article 147
Twelfth Amendment(aa) Vice-President;
Section 21, omitting sub-clause (aa) of clause (4).
Article 148
Twelfth AmendmentClause (1A).
Section 22.
Article 152
Twelfth AmendmentOmitted the expression "the Vice-President" from the definitions.
Section 23.
Third Schedule
Twelfth AmendmentOmitted Form 1A (oath of the Vice-President) and the words ", Deputy Prime Minister".
Section 24.
What happened next
What happened to the Twelfth Amendment next
The Twelfth Amendment has not been struck down and remains the basis of the present system. Later amendments built on it: the Thirteenth (1996) inserted the caretaker chapter into Part IV, and the Fifteenth (2011) substituted Article 142 without the referendum clause, among many other changes. On 17 December 2024 the High Court Division declared the 2011 removal of the referendum void and restored Article 142 as it stood after the Twelfth Amendment, so a Bill amending the Preamble or Article 8, 48, 56 or 142 again needs a referendum.
The Appellate Division dismissed the appeals on 9 July 2026, as reported. bdlaws still prints the 2011 text.
Timeline
- President Ershad resigns
- General election to the Fifth Parliament
- Twelfth Amendment Bill passed by Parliament, as reported
- Referendum approves the Bill
- Amendment takes effect and parliamentary government is restored
- Fifteenth Amendment removes the referendum clause from Article 142
- High Court Division restores Article 142 as it stood after the Twelfth Amendment
- Appellate Division dismisses the appeals, as reported
Landmark cases
How the courts have read the Twelfth Amendment
High Court Division · 2024
Badiul Alam Majumdar and others v Bangladesh (Fifteenth Amendment case)
On 17 December 2024 declared void the provision of the Fifteenth Amendment that removed the referendum requirement, restoring Article 142 as it stood after the Twelfth Amendment.
Appellate Division · 2026
Appeals against the Fifteenth Amendment judgment
On 9 July 2026 a four-member bench led by Chief Justice Zubayer Rahman Chowdhury dismissed the appeals, leaving the High Court ruling in place, as reported. The full judgment had not been published as of late July 2026.
Questions
Twelfth Amendment: frequently asked questions
What did the Twelfth Amendment do?
It restored parliamentary government. Executive power passed to the Prime Minister and the Cabinet, which is collectively responsible to Parliament. The President became an office elected by Members of Parliament who acts on the Prime Minister's advice. It also abolished the Vice-Presidency and restored elected local government.
Why was there a referendum in 1991?
Article 142(1A), inserted in 1978, required a referendum for any Bill amending the Preamble or certain Articles, including Articles 48 and 56 on the President and ministers. The Twelfth Amendment changed those Articles, so voters were asked on 15 September 1991 whether the President should assent.
What was the referendum result?
As reported by The Daily Star from Election Commission data, about 84 per cent of votes cast were in favour, on a turnout of about 35 per cent of some 62 million registered voters. The amendment came into force on 18 September 1991.
Does the referendum rule still apply?
Yes, following the courts. The Fifteenth Amendment removed it in 2011, but on 17 December 2024 the High Court Division restored Article 142 as it stood after the Twelfth Amendment, and the appeals were dismissed in July 2026. Amending the Preamble or Article 8, 48, 56 or 142 again needs a referendum.
Sources
- Laws of Bangladesh (bdlaws): Constitution, Article 48 (footnote on Chapters I to III of Part IV)
- Laws of Bangladesh (bdlaws): Constitution, Article 11 (footnote on the Twelfth Amendment)
- Laws of Bangladesh (bdlaws): Constitution, Article 72 (footnotes on the Twelfth Amendment)
- Laws of Bangladesh (bdlaws): Constitution, Article 92A (omitted)
- Laws of Bangladesh (bdlaws): Constitution, Article 141A (footnote on the Twelfth Amendment)
- Laws of Bangladesh (bdlaws): Constitution, Article 141C (footnote on the Twelfth Amendment)
- Laws of Bangladesh (bdlaws): Constitution, Schedules (Third Schedule footnotes)
- Archived English text of the Constitution with pre-2004 footnotes, Part X (RESDAL copy)
- Archived English text of the Constitution with pre-2004 footnotes, Part V (RESDAL copy)
- Archived English text of the Constitution with pre-2004 footnotes, Part XI (RESDAL copy)
- The Daily Star (11 February 2026): Bangladesh's referendums, with 1991 results from Election Commission reports
- Prothom Alo: High Court verdict on the Fifteenth Amendment (17 December 2024)
- Prothom Alo: Appellate Division dismisses Fifteenth Amendment appeals (July 2026)
- TBS: the Article 142 referendum clause as worded before 2011
- Banglapedia: Constitutional Amendments
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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