Article 38 Freedom of association
Freedom of association
It protects political parties, trade unions, NGOs and business associations. It also sets the constitutional grounds on which the State may ban an organisation.
A group of workers forms a trade union, or citizens found a political party or charity. Article 38 guarantees their right to form associations or unions and to join them. Professional bodies, clubs and charities enjoy the same protection.
Associations may need to register under laws such as the Bangladesh Labour Act 2006 or the electoral rules for political parties. Reasonable restrictions in the interests of morality or public order are permitted. Registration rules must not be used to block lawful associations.
The proviso bars associations formed to destroy communal harmony, to discriminate on grounds such as religion or sex, to organise terrorist or militant acts, or whose objects are inconsistent with the Constitution. These limits were written into the article in 2011.
If the State bans or suspends an organisation, the affected members can challenge the order. The court examines whether the ban rests on a valid law and falls within the grounds Article 38 permits. The State must point to the law and the ground it relies on.
In plain English
How Article 38 works
Article 38 gives every citizen the right to form associations or unions, such as political parties, trade unions, clubs, charities and professional bodies. The right can be limited by reasonable restrictions imposed by law in the interests of morality or public order. The current wording, substituted in 2011, adds a proviso: nobody may form or join an association that is set up to destroy religious, social or communal harmony; to discriminate on grounds of religion, race, caste, sex, place of birth or language; to organise terrorist or militant acts against the State, citizens or another country; or whose formation and objects are inconsistent with the Constitution. Associations that stay within these limits are protected.
In practice
Article 38 is given effect through laws on trade unions, NGO registration and the registration of political parties by the Election Commission. The Anti-Terrorism Act 2009 allows the government to ban organisations linked to terrorism. In May 2025 the interim government suspended all activities of the Awami League under the Anti-Terrorism Act pending International Crimes Tribunal trials, and the International Crimes (Tribunals) (Second Amendment) Ordinance 2025 empowered the tribunal to ban organisations, as reported. The 1972 text of Article 38 had a proviso aimed at religion-based political associations; the present proviso dates from the Fifteenth Amendment 2011.
The text
What Article 38 says
[38. Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interests of morality or public order : Provided that no person shall have the right to form, or be a member of the said association or union, if- (a) it is formed for the purposes of destroying the religious, social and communal harmony among the citizens ; (b) it is formed for the purposes of creating discrimination among the citizens, on the ground of religion, race, caste, sex, place of birth or language ; (c) it is formed for the purposes of organizing terrorist acts or militant activities against the State or the citizens or any other country ; (d) its formation and objects are inconsistent with the Constitution.]
English text as published on the official Laws of Bangladesh website. Where a court has changed the position, the status note above explains it.
History
Amendments
- Fifteenth Amendment 2011Article 38 was substituted by section 16 of the Constitution (Fifteenth Amendment) Act 2011, adding the proviso on associations formed to destroy communal harmony, to discriminate, to organise terrorist or militant acts, or with objects inconsistent with the Constitution.
Connected provisions
Related articles
Questions
Article 38: frequently asked questions
What is Article 38 of the Constitution of Bangladesh?
Article 38 gives citizens the right to form associations or unions, subject to reasonable restrictions imposed by law in the interests of morality or public order. A proviso bars associations formed for communal disharmony, discrimination, terrorism or objects inconsistent with the Constitution.
Can a political party be banned in Bangladesh?
Article 38 allows restrictions on associations in the interests of morality or public order and bars associations formed for terrorist or militant purposes. Bans have been imposed under the Anti-Terrorism Act 2009, and a 2025 ordinance empowered the International Crimes Tribunal to ban organisations, as reported.
Sources
- Laws of Bangladesh: The Constitution, Article 38
- Dhaka Tribune: Govt empowers ICT to ban political parties over war crimes links (May 2025)
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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