Article 151: Laws repealed by the Constitution

by Barrister Tahmidur Rahman | Oct 25, 2026

In forceMiscellaneous

Article 151 Laws repealed by the Constitution

Repeals

It shows how Bangladesh moved from emergency wartime orders to a full Constitution. Lawyers dealing with events of 1971 to 1972 still need to know which instruments governed that period.

Article 151 of the Constitution of Bangladesh: Laws repealed by the Constitution
INTERIM ORDERS1971 TO 1972
CONSTITUTIONREPEAL
CONTINUITYFOURTH SCHEDULE
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  1. After independence the new state was run under temporary instruments, including the Laws Continuance Enforcement Order of 10 April 1971 and the Provisional Constitution of Bangladesh Order of January 1972, issued before a full constitution could be framed.

  2. When the Constitution came into force on 16 December 1972, Article 151 repealed those orders. Their subject matter, such as the courts, the Election Commission and the Public Service Commission, was now governed by the Constitution itself.

  3. Repeal did not wipe out what had been done under the old orders. The Fourth Schedule ratified actions taken in the interim period and carried over officeholders, while Article 152(2) applies the General Clauses Act to repealed enactments.

In plain English

How Article 151 works

Article 151 lists eight President's Orders and other instruments that were repealed when the Constitution came into force. They include the Laws Continuance Enforcement Order of 10 April 1971, the Provisional Constitution of Bangladesh Order 1972, and orders setting up the High Court of Bangladesh, the Comptroller and Auditor-General, the Constituent Assembly, the Election Commission and the Public Service Commissions, and the Transaction of Government Business Order. These were the temporary legal framework of the new state between independence and December 1972. The Constitution replaced them with permanent provisions.

In practice

Article 151 is now of historical interest, but it matters when courts consider the validity of acts done between 1971 and 1972. The Fourth Schedule, paragraph 3, ratifies laws made and acts done in that period, and Article 152(2) applies the General Clauses Act 1897 to repealed enactments, so rights and liabilities that arose under the repealed orders were preserved. The repealed High Court of Bangladesh Order had established the court whose judges continued in office under the Fourth Schedule.

The text

What Article 151 says

151. The following President's Orders are hereby repealed–

(a) The Laws Continuance Enforcement Order, made on 10th April, 1971;

(b) The Provisional Constitution of Bangladesh Order, 1972;

(c) The High Court of Bangladesh Order, 1972 (P.O. No. 5 of 1972);

(d) The Bangladesh Comptroller and Auditor General Order, 1972 (P.O. No. 15 of 1972);

(e) The Constituent Assembly of Bangladesh Order, 1972 (P.O. No. 22 of 1972);

(f) The Bangladesh Election Commission Order, 1972 (P.O. No. 25 of 1972);

(g) The Bangladesh Public Service Commissions Order, 1972 (P.O. No. 34 of 1972);

(h) The Bangladesh Transaction of Government Business Order, 1972 (P.O. No. 58 of 1972).

English text as published on the official Laws of Bangladesh website. Where a court has changed the position, the status note above explains it.

Connected provisions

Related articles

Questions

Article 151: frequently asked questions

What laws did the Constitution of Bangladesh repeal?

Article 151 repealed eight instruments, including the Laws Continuance Enforcement Order of 10 April 1971, the Provisional Constitution of Bangladesh Order 1972, and 1972 orders on the High Court, Auditor-General, Constituent Assembly, Election Commission, Public Service Commissions and government business.

Did repeal undo actions taken under those orders?

No. The Fourth Schedule ratified laws made and things done between 26 March 1971 and the commencement of the Constitution, and Article 152(2) applies the General Clauses Act 1897 to repealed enactments, preserving earlier rights and liabilities.

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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