Article 141A Proclamation of emergency
Proclamation of emergency
An emergency allows the state to suspend fundamental rights and court remedies under Articles 141B and 141C. Businesses and citizens feel its effects directly, from restrictions on gatherings to arrests and economic controls.
In force as printed on bdlaws. On 13 July 2025 parties at the National Consensus Commission talks that produced the July Charter reportedly agreed to require cabinet approval, with the opposition leader present, and to cut the maximum period to 90 days; this has not been enacted as of 2026.
Violent unrest spreads across several districts and the government believes the security of the country is threatened by internal disturbance. Article 141A(3) allows action even before the danger fully materialises, if there is imminent danger, but the threat must be grave.
The President cannot act alone. Under the proviso added in 1991, a Proclamation of Emergency requires the prior countersignature of the Prime Minister for its validity. This places political responsibility for the decision on the elected government.
Being satisfied that a grave emergency exists, the President issues a Proclamation of Emergency for up to one hundred and twenty days. It can cover the whole country or only a part, and can be revoked at any time by a later Proclamation.
The Proclamation is laid before Parliament. If Parliament does not approve it by resolution within one hundred and twenty days, it lapses. If Parliament is dissolved, it lapses thirty days after the new Parliament first meets unless approved, or at one hundred and twenty days if earlier.
While the Proclamation is in operation, Article 141B frees the state from certain freedoms in Part III, and Article 141C allows the President, on the Prime Minister's written advice, to suspend the right to go to court to enforce specified fundamental rights.
In plain English
How Article 141A works
Article 141A lets the President declare a state of emergency. The President must be satisfied that a grave emergency exists in which the security or economic life of Bangladesh, or any part of it, is threatened by war, external aggression or internal disturbance. An emergency can be declared before the danger actually happens if it is imminent. The Proclamation is valid only with the prior countersignature of the Prime Minister. It lasts up to one hundred and twenty days, must be laid before Parliament and lapses unless Parliament approves it by resolution. Special time limits apply if Parliament is dissolved.
In practice
Emergencies have been declared several times since Part IXA was added in 1973, most recently on 11 January 2007 by President Iajuddin Ahmed. That emergency lasted almost two years, until it was lifted on 17 December 2008 before a general election. Its length led the Fifteenth Amendment in 2011 to add the one hundred and twenty day limit. Reform bodies after 2024 have proposed tighter controls: the Constitution Reform Commission suggested requiring the advice of a new National Constitutional Council, while political parties at the National Consensus Commission agreed in July 2025 on cabinet approval with the opposition leader present and a ninety-day limit. These remain proposals; the bdlaws text is unchanged.
The text
What Article 141A says
141A. (1) If the President is satisfied that a grave emergency exists in which the security or economic life of Bangladesh, or any part thereof, is threatened by war or external aggression or internal disturbance, he may issue a Proclamation of Emergency [for one hundred twenty days]:
...
[Provided that such Proclamation shall require for its validity the prior counter signature of the Prime Minister.]
(2) A Proclamation of Emergency –
(a) may be revoked by a subsequent Proclamation;
(b) shall be laid before Parliament;
(c) shall cease to operate at the expiration of one hundred and twenty days, unless before the expiration of that period it has been approved by a resolution of Parliament: [* * *]
...
(3) A Proclamation of Emergency declaring that the security of Bangladesh, or any part thereof, is threatened by war or external aggression or by internal disturbance may be made before the actual occurrence of war or any such aggression or disturbance if the President is satisfied that there is imminent danger thereof.
Key clauses shown. Omitted text is marked with an ellipsis; read the full text on the official site.
English text as published on the official Laws of Bangladesh website. The Bangla text is authoritative (Article 153). Where a court has changed the position, the status note above explains it.
History
Amendments
- Second Amendment 1973 →Inserted Part IXA, including Article 141A.
- Fourth Amendment 1975 →Omitted the original proviso.
- Twelfth Amendment 1991 →Added the proviso requiring the prior countersignature of the Prime Minister.
- Fifteenth Amendment 2011 →Limited a Proclamation to one hundred and twenty days and revised the lapse rules when Parliament is dissolved.
Connected provisions
Related articles
Questions
Article 141A: frequently asked questions
Who can declare a state of emergency in Bangladesh?
The President, under Article 141A, if satisfied that a grave emergency threatens the security or economic life of Bangladesh through war, external aggression or internal disturbance. The Proclamation needs the prior countersignature of the Prime Minister to be valid.
How long can an emergency last in Bangladesh?
A Proclamation is issued for up to one hundred and twenty days and lapses unless approved by a resolution of Parliament. If Parliament is dissolved, it lapses thirty days after the new Parliament first meets unless approved, or after one hundred and twenty days if that comes first.
When was the last state of emergency in Bangladesh?
The most recent was declared on 11 January 2007 by President Iajuddin Ahmed. It lasted almost two years and was lifted on 17 December 2008, shortly before the parliamentary election held later that month.
Sources
- Laws of Bangladesh: Article 141A, Proclamation of emergency
- Dawn: Emergency lifted in Bangladesh after two years (December 2008)
- TBS News: Consensus reached on emergency declaration reform (13 July 2025)
- Dhaka Tribune: Constitution Reform Commission proposals
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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