Article 2A Islam as the state religion
The state religion
Article 2A shapes debates on religion and public life, but it is read together with guarantees of equal rights. Citizens of every faith can rely on Articles 27, 28 and 41 if the State treats them unfairly because of their religion.
Article 2A was inserted in 1988 and declares Islam the state religion. In practice this is reflected in state ceremonies and public institutions, but it does not replace the general laws passed by Parliament. Courts apply the same civil and criminal law to everyone.
The same article requires the State to ensure equal status and equal right in the practice of the Hindu, Buddhist, Christian and other religions. A Hindu family celebrating Durga Puja has the same constitutional protection as anyone else.
A writ petition challenging the state religion provision was filed in 1988. On 28 March 2016 a High Court Division bench summarily dismissed it, holding that the petitioners lacked standing, without deciding whether Article 2A conflicts with secularism.
In plain English
How Article 2A works
Article 2A says that Islam is the state religion of Bangladesh. In the same sentence it requires the State to ensure equal status and equal rights in the practice of the Hindu, Buddhist, Christian and other religions. So while Islam has a special constitutional position, followers of other faiths are promised the same freedom to practise their religion. The article sits alongside Article 12 on secularism and Article 41 on freedom of religion. It does not make Islamic law the law of the land, and it does not allow the State to discriminate against anyone because of their faith.
In practice
Article 2A was inserted by the Eighth Amendment 1988 and given its current wording by the Fifteenth Amendment 2011, which also restored secularism as a fundamental principle. The result is that the Constitution names a state religion while also committing to secularism, a tension much discussed by scholars. The courts have not resolved it: the long-pending writ was dismissed in 2016 for lack of standing. The High Court Division's December 2024 judgment on the Fifteenth Amendment did not strike down Article 2A, as reported, leaving it for Parliament.
The text
What Article 2A says
[2A. The state religion of the Republic is Islam, but the State shall ensure equal status and equal right in the practice of the Hindu, Buddhist, Christian and other religions.]
English text as published on the official Laws of Bangladesh website. Where a court has changed the position, the status note above explains it.
Landmark cases
How the courts have read it
High Court Division · 2016
Writ petition challenging the state religion provision (filed 1988)
Dismissed on 28 March 2016 because the petitioners were held to lack standing, so the merits of Article 2A were not decided.
Case summaries are short descriptions for orientation, not a substitute for the judgment.
History
Amendments
- Eighth Amendment 1988Inserted Article 2A declaring Islam the state religion.
- Fifteenth Amendment 2011Substituted Article 2A, adding the guarantee of equal status and equal right in the practice of Hindu, Buddhist, Christian and other religions.
Connected provisions
Related articles
Questions
Article 2A: frequently asked questions
What is Article 2A of the Constitution of Bangladesh?
Article 2A states that the state religion of the Republic is Islam, but the State must ensure equal status and equal right in the practice of the Hindu, Buddhist, Christian and other religions. It was inserted in 1988 and reworded in 2011.
Is Bangladesh a secular country if Islam is the state religion?
The Constitution contains both. Article 8 names secularism as a fundamental principle and Article 12 explains it, while Article 2A names Islam as the state religion. Courts have not ruled on the conflict; a 2016 challenge was dismissed for lack of standing.
Sources
- bdlaws: The Constitution of the People's Republic of Bangladesh, Article 2A
- The Daily Star: The law's inertia (on the 2016 state religion writ)
- Prothom Alo English: Caretaker govt reinstated as some provisions scrapped (17 December 2024)
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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