Article 152 Definitions used in the Constitution
Interpretation
Whether a body counts as the State, or a rule counts as law, decides whether a citizen can challenge it under the fundamental rights. These definitions are therefore used constantly in court.
A citizen wants to challenge a decision of a statutory corporation that she says breached her fundamental rights. The first question is whether the corporation is part of the State for the purposes of Part III of the Constitution.
Article 152(1) says the State includes Parliament, the Government and statutory public authorities, and defines a statutory public authority as one whose activities are authorised by an Act, ordinance or order with the force of law.
The High Court Division finds that the corporation is a statutory public authority, so it is part of the State and bound by the fundamental rights. Her writ petition can proceed against it on the merits.
Where a question of interpretation is not answered by the Constitution, Article 152(2) applies the General Clauses Act 1897 to the Constitution as it applies to an Act of Parliament, for example on the meaning of time periods.
In plain English
How Article 152 works
Article 152 is the dictionary of the Constitution. Clause (1) defines key words used throughout, such as citizen, existing law, law, the service of the Republic, the State and statutory public authority. For example, law includes Acts, ordinances, rules, regulations, bye-laws, notifications, and customs or usages with the force of law. The State includes Parliament, the Government and statutory public authorities, which matters for enforcing fundamental rights. Clause (2) applies the General Clauses Act 1897 to the Constitution as if it were an Act of Parliament, which helps with rules of interpretation.
In practice
The definitions of the State, statutory public authority and law are among the most litigated words in Bangladeshi constitutional law, since they decide which bodies and which rules can be challenged under Articles 26 and 102. In the Masdar Hossain case the Appellate Division relied on the definition of the service of the Republic in Article 152(1) to hold that the judicial service is a service of the Republic, though separate from the civil and administrative services. The definitions of judicial service and existing law are also used in cases on lower court judges and pre-1972 statutes.
The text
What Article 152 says
152. (1) In this Constitution, except where the subject or context otherwise requires –
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“citizen” means a person who is a citizen of Bangladesh according to the law relating to citizenship;
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“existing law” means any law in force in, or in any part of, the territory of Bangladesh immediately before the commencement of this Constitution, whether or not it has been brought into operation;
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“judicial service” means a service comprising persons holding judicial posts not being posts superior to that of a district judge;
“law” means any Act, ordinance, order, rule, regulation, bye law, notification or other legal instrument, and any custom or usage, having the force of law in Bangladesh;
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“political party” includes a group or combination of persons who operate within or outside Parliament under a distinctive name and who hold themselves out for the purpose of propagating a political opinion or engaging in any other political activity;
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“property” includes property of every description movable or immovable, corporeal or incorporeal, and commercial and industrial undertakings, and any right or interest in any such property or undertaking;
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“public officer” means a person holding or acting in any office of emolument in the service of the Republic;
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“the service of the Republic” means any service, post or office whether in a civil or military capacity, in respect of the Government of Bangladesh, and any other service declared by law to be a service of the Republic;
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“the State” includes Parliament, the Government and statutory public authorities;
“statutory public authority” means any authority, corporation or body the activities or the principal activities of which are authorised by any Act, ordinance, order or instrument having the force of law in Bangladesh;
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(2) The General Clauses Act, 1897 shall apply in relation to –
(a) this Constitution as it applies in relation to an Act of Parliament;
(b) any enactment repealed by this Constitution, or which by virtue thereof becomes void or ceases to have effect, as it applies in relation to any enactment repealed by Act of Parliament.
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.
Landmark cases
How the courts have read it
Appellate Division · 1999
Secretary, Ministry of Finance v Md Masdar Hossain
52 DLR (AD) 82
Held that the judicial service is a service of the Republic within Article 152(1) but is functionally and structurally separate from the civil and administrative services, and gave directions for separating the judiciary.
Case summaries are short descriptions for orientation, not a substitute for the judgment.
History
Amendments
- Ninth Amendment 1989 →Replaced a full stop with a semi-colon at the end of the definition of taxation, to allow a further definition.
- Twelfth Amendment 1991 →Omitted the definition of the Vice-President.
- Thirteenth Amendment 1996 →Inserted in clause (1) definitions of 'Adviser' and 'Chief Adviser' as persons appointed under Article 58C (section 8).
- Fifteenth Amendment 2011 →Omitted two definitions, substituted the definition of the Appellate Division and inserted definitions of the Chief Justice and of court.
Connected provisions
Related articles
Questions
Article 152: frequently asked questions
What does the State mean in the Constitution of Bangladesh?
Under Article 152(1), the State includes Parliament, the Government and statutory public authorities. This definition decides which bodies are bound by the fundamental rights and can be challenged through writ petitions.
Does law include custom in Bangladesh's Constitution?
Yes. Article 152(1) defines law to include any Act, ordinance, order, rule, regulation, bye-law, notification or other legal instrument, and any custom or usage, having the force of law in Bangladesh.
Sources
- Laws of Bangladesh: Article 152, Interpretation
- The Daily Star Law and Our Rights: review citing Masdar Hossain, 52 DLR (AD) 82
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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