Article 149 Existing laws continue
Saving for existing laws
Much of the country's everyday law, from criminal law to contracts and land, predates 1972. This Article is why those laws still apply in courts today.
A trader enters into a sale agreement governed by the Contract Act 1872, a British-era law. It was in force before the Constitution began, so Article 149 keeps it alive as part of the law of Bangladesh.
Article 149 is expressly subject to the Constitution. If a provision of an old law conflicts with fundamental rights, Article 26 makes it void to the extent of that inconsistency, and a court can declare it so.
Parliament may amend or repeal any existing law by ordinary legislation. Many colonial-era laws have been amended or replaced in this way, and some have been struck down or read down by the courts as unconstitutional.
In plain English
How Article 149 works
Article 149 keeps the laws that existed before the Constitution in force. Subject to the Constitution, all existing laws continue to have effect, but they may be amended or repealed by laws made under the Constitution. Existing law means any law in force in the territory of Bangladesh immediately before 16 December 1972, including British-era statutes like the Penal Code 1860 and the Contract Act 1872, and Pakistan-era laws. These laws remain valid unless they conflict with the Constitution, in which case Article 26 and Article 7 make them void to the extent of the inconsistency.
In practice
Large parts of the legal system, including the Penal Code 1860, the Code of Criminal Procedure 1898, the Evidence Act 1872 and the Code of Civil Procedure 1908, continue under this Article, as amended. Courts have read down or struck down provisions of pre-1972 laws that conflicted with fundamental rights, using Article 26. Law reform bodies and the Law Commission have recommended replacing many colonial statutes, and some, such as old evidence and procedure rules, have been amended in recent years.
The text
What Article 149 says
149. Subject to the provisions of this Constitution all existing laws shall continue to have effect but may be amended or repealed by law made under this Constitution.
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.
Connected provisions
Related articles
Questions
Article 149: frequently asked questions
Are British-era laws still valid in Bangladesh?
Yes, if they were in force immediately before 16 December 1972 and have not been repealed. Article 149 keeps all existing laws in effect, subject to the Constitution, so statutes like the Penal Code 1860 still apply.
What happens if an old law conflicts with the Constitution?
Article 149 is subject to the Constitution. Under Article 26, an existing law inconsistent with the fundamental rights is void to the extent of the inconsistency, and Article 7 makes the Constitution supreme over any inconsistent law.
Sources
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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