Article 45 Disciplinary law for disciplined forces
Modification of rights in respect of disciplinary law
Armed forces and police need firm discipline to function. The article lets disciplinary laws restrict some rights, while keeping the exception confined to that purpose.
A soldier serves in the army, which Article 152 defines as a disciplined force along with the navy, air force and police. Members are subject to disciplinary laws such as the Army Act 1952. The navy, air force and police have their own disciplinary laws too.
A disciplinary provision bars members from joining political parties or holding public protests. Article 45 says Part III does not apply to such a provision, if it is limited to ensuring proper duties or discipline.
If a member challenges an action, the court asks whether the provision really serves discipline or proper discharge of duties. Rules going beyond that purpose are not protected by Article 45. The burden lies on the State to show that disciplinary link.
In plain English
How Article 45 works
Article 45 creates a limited exception to Part III for members of disciplined forces. Article 152 defines a disciplined force as the army, navy or air force, the police force, or any other force declared by law to be a disciplined force. Nothing in Part III applies to a provision of a disciplinary law for those forces, but only so far as that provision is limited to ensuring members properly discharge their duties or maintaining discipline. So a soldier or police officer cannot use, say, freedom of association to challenge a rule barring them from joining a political party. The exception is narrow: it covers disciplinary provisions only, not every action taken against a member of the force.
In practice
Article 45 supports the disciplinary codes of the armed forces and police, including the Army Act 1952, the Air Force Act 1953 and the Navy Ordinance 1961, and police service regulations. It sits alongside Article 102(5), under which a court or tribunal established under a law relating to the defence services is not a "person" against whom writs can issue. The wording confines the exception to provisions limited to discipline or the proper discharge of duties, so members of the forces keep their other constitutional protections, and actions outside that purpose remain open to challenge.
The text
What Article 45 says
45. Nothing in this Part shall apply to any provision of a disciplinary law relating to members of a disciplined force, being a provision limited to the purpose of ensuring the proper discharge of their duties or the maintenance of discipline in that force.
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 45: frequently asked questions
What is Article 45 of the Constitution of Bangladesh?
Article 45 says the fundamental rights in Part III do not apply to provisions of a disciplinary law for members of a disciplined force, so far as those provisions are limited to ensuring proper discharge of duties or maintaining discipline.
Do soldiers and police have fundamental rights in Bangladesh?
Yes. Members of the army, navy, air force and police keep their fundamental rights, but Article 45 allows disciplinary laws to limit them where the provision is confined to discipline or the proper discharge of duties.
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
Need to rely on Article 45?
Our lawyers advise on writ petitions, fundamental rights and public law before the Supreme Court of Bangladesh.