Article 11 Democracy and human rights
Democracy and human rights
Article 11 underpins the right of citizens to choose their representatives nationally and locally. Courts have treated democracy as part of the basic structure that Parliament cannot destroy.
Article 11 declares that the Republic is a democracy in which fundamental rights and freedoms and respect for human dignity are guaranteed. National elections under the Election Commission give this principle practical form. Voters choose members of Parliament at least once every five years.
The article requires effective participation by the people through elected representatives in administration at all levels. This supports elected union parishads, upazila councils and city corporations, in addition to Parliament. Local bodies hold their own elections under laws made by Parliament.
The Fourth Amendment of 1975 removed the words on participation through elected representatives. The Twelfth Amendment of 1991, which restored parliamentary government, put them back into the text. The change tracked the move from one-party rule back to parliamentary democracy.
In December 2024 the High Court Division held that abolishing the caretaker system destroyed democracy, a basic structure of the Constitution, and declared those parts of the Fifteenth Amendment void. The Appellate Division dismissed the appeals in July 2026, as reported.
In plain English
How Article 11 works
Article 11 explains the democracy principle. It says Bangladesh shall be a democracy that guarantees fundamental human rights and freedoms and respects the dignity and worth of every person. It also says the people must be able to take part effectively in administration at all levels through their elected representatives. That last phrase was removed in 1975 when one-party rule was introduced, and restored in 1991 when parliamentary democracy returned. The article supports elected local government and free elections. As a Part II principle it cannot be sued on directly, but courts rely on it to understand democracy as a basic feature of the Constitution.
In practice
Article 11 is a non-enforceable principle, but democracy is treated as a basic feature in the Supreme Court's amendment cases. On 17 December 2024 the High Court Division declared sections 20 and 21 of the Fifteenth Amendment void because abolishing the caretaker system destroyed democracy, and the Appellate Division dismissed the appeals on 9 July 2026, as reported. Separately, on 20 November 2025 the Appellate Division restored the Thirteenth Amendment on review, with the caretaker system to apply from the 14th parliamentary election, as reported.
The text
What Article 11 says
11. The Republic shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person shall be guaranteed [* * *] [, and in which effective participation by the people through their elected representatives in administration at all levels shall be ensured].
English text as published on the official Laws of Bangladesh website. Where a court has changed the position, the status note above explains it.
Landmark cases
How the courts have read it
High Court Division · 2024
Fifteenth Amendment case (writ petitions of Badiul Alam Majumdar and others, and Md Mofazzal Hossain)
Held that sections 20 and 21 of the Fifteenth Amendment, abolishing the caretaker system, destroyed democracy as a basic structure, and declared them void; appeals dismissed on 9 July 2026, as reported.
Case summaries are short descriptions for orientation, not a substitute for the judgment.
History
Amendments
- Fourth Amendment 1975Omitted the words on effective participation by the people through elected representatives in administration at all levels.
- Twelfth Amendment 1991Reinserted those words.
Connected provisions
Related articles
Questions
Article 11: frequently asked questions
What is Article 11 of the Constitution of Bangladesh?
Article 11 says the Republic shall be a democracy guaranteeing fundamental human rights and freedoms and respect for human dignity, with effective participation by the people through elected representatives in administration at all levels.
Is democracy part of the basic structure of the Constitution of Bangladesh?
Yes. The Supreme Court has treated democracy as a basic feature. In December 2024 the High Court Division relied on this to declare void the abolition of the caretaker system, and the Appellate Division dismissed the appeals in July 2026, as reported.
Sources
- bdlaws: The Constitution of the People's Republic of Bangladesh, Article 11
- Prothom Alo English: Caretaker govt reinstated as some provisions scrapped (17 December 2024)
- Prothom Alo English: SC verdict upholds reinstatement of caretaker govt and referendum provisions (9 July 2026)
- The Financial Express: Apex court reinstates caretaker govt system, upholds 13th amendment (20 November 2025)
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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