Article 145A International treaties before Parliament
International treaties
Treaties can affect trade, borders, water sharing and security. This Article gives Parliament, and through it the public, a right to see those agreements.
The government signs a treaty with a neighbouring country on, for example, sharing river water or transit. The treaty is negotiated by the executive, typically led by the Ministry of Foreign Affairs, and signed by an authorised representative.
Under Article 145A the treaty must be submitted to the President. The President must then cause it to be laid before Parliament, so the executive cannot keep the treaty away from the elected legislature indefinitely.
The treaty is laid before Parliament, where members can read and debate it. If it is connected with national security, such as a defence agreement, it is laid in a secret session closed to the public and the press.
In plain English
How Article 145A works
Article 145A requires that all treaties with foreign countries be submitted to the President, who must have them laid before Parliament. Any treaty connected with national security must be laid in a secret session. Laying a treaty means presenting it so that members of Parliament know its terms; the Article does not by itself require Parliament to vote to approve it. The rule aims to bring the government's international commitments into the open, so that the people's representatives can see what the country has agreed to and debate it if they wish.
In practice
Article 145A has been criticised as weak because it requires only laying, not approval, and because the term treaty is not defined, so many agreements, memoranda of understanding and loan agreements are not laid at all. Treaties do not automatically become domestic law; implementing legislation is needed where rights and duties of individuals are affected. The Constitution Reform Commission proposed in January 2025 that key treaties should require parliamentary ratification. That proposal has not been enacted.
The text
What Article 145A says
[145A. All treaties with foreign countries shall be submitted to the President, who shall cause them to be laid before Parliament :
Provided that any such treaty connected with national security shall be laid in a secret session of Parliament.]
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
- Twelfth Amendment 1991 →Substituted the proviso so that any treaty connected with national security is laid in a secret session of Parliament (section 20).
- Fifteenth Amendment 2011 →Substituted Article 145A in its present form.
Connected provisions
Related articles
Questions
Article 145A: frequently asked questions
Does Parliament approve treaties in Bangladesh?
Not under the current text. Article 145A requires treaties to be submitted to the President and laid before Parliament, with national security treaties laid in secret session, but it does not require a vote of approval. Reform proposals would require ratification.
Are all international agreements laid before Parliament?
Article 145A covers treaties with foreign countries, but the Constitution does not define treaty. In practice many agreements, such as memoranda of understanding, have not been laid, which critics see as a gap in parliamentary oversight.
Sources
- Laws of Bangladesh: Article 145A, International treaties
- 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.
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