Article 48 The President: election, status and acting on advice
The President
It explains why real executive power in Bangladesh sits with the Prime Minister and Cabinet rather than the President. For businesses and investors, orders issued in the President's name are, in substance, decisions of the elected government.
In force. Under Article 58E, revived by the Appellate Division on 20 November 2025, the advice rule in clause (3) is ineffective while a Non-Party Care-taker Government is functioning; bdlaws still shows the caretaker chapter as omitted. Under Article 142(1A), as restored by the 2024 and 2026 judgments, a Bill amending this Article must also be approved in a referendum.
When a presidential term ends or the office falls vacant, members of Parliament vote to elect the President under the law on presidential elections. A candidate must be at least 35 years old, qualified to be elected as an MP and must never have been removed from the presidency by impeachment.
The President-elect takes the oath set out in the Third Schedule, administered by the Speaker, promising to preserve, protect and defend the Constitution. From that moment the President is Head of State and takes precedence over every other person in the State.
In nearly every function, from signing orders to making appointments, the President acts on the Prime Minister's advice. Whether advice was given, and what it said, cannot be examined by any court. In return, the Prime Minister must keep the President informed on domestic and foreign policy.
The President acts without advice only when appointing as Prime Minister the MP who appears to command a majority, and when appointing the Chief Justice. These are the moments when the office carries genuine personal discretion, and they attract close public and political attention.
Under the revived Article 58E, while a Non-Party Care-taker Government is functioning, provisions requiring the President to act on the Prime Minister's advice are ineffective. According to the Appellate Division, this can first happen when the Parliament elected in February 2026 is dissolved.
In plain English
How Article 48 works
Article 48 creates the office of President, the Head of State. Members of Parliament elect the President under a law made for that purpose; citizens do not vote directly. The President ranks above everyone else in the State, but in almost every function must act on the Prime Minister's advice. There are only two exceptions: appointing the Prime Minister and appointing the Chief Justice. No court may ask whether, or what, advice was given. To stand for election a person must be at least 35, qualified to be an MP, and never removed from the presidency by impeachment. The Prime Minister must keep the President informed on domestic and foreign policy and refer matters to the Cabinet when the President asks.
In practice
In ordinary times the President signs what the government decides, and the advice itself is shielded from the courts. The Article was tested in August 2024: after the Prime Minister resigned on 5 August and Parliament was dissolved on 6 August, the President sought the Appellate Division's opinion under Article 106. On 8 August 2024 the Court advised that he could appoint a Chief Adviser and advisers as an interim measure, and the interim government was sworn in that day. The revival of the caretaker chapter in 2025 means that in a future caretaker period Article 58E will switch off the advice rule. Proposals on how the President is elected and on presidential powers were discussed in 2025 without consensus and remain proposals only.
The text
What Article 48 says
48. (1) There shall be a President of Bangladesh who shall be elected by members of Parliament in accordance with law.
(2) The President shall, as Head of State, take precedence over all other persons in the State, and shall exercise the powers and perform the duties conferred and imposed on him by this Constitution and by any other law.
(3) In the exercise of all his functions, save only that of appointing the Prime Minister pursuant to clause (3) of article 56 and the Chief Justice pursuant to clause (1) of article 95, the President shall act in accordance with the advice of the Prime Minister:
Provided that the question whether any, and if so what, advice has been tendered by the Prime Minister to the President shall not be enquired into in any court.
(4) A person shall not be qualified for election as President if he –
(a) is less than thirty five years of age; or
(b) is not qualified for election as a member of Parliament; or
(c) has been removed from the office of President by impeachment under this Constitution.
(5) The Prime Minister shall keep the President informed on matters of domestic and foreign policy, and submit for the consideration of the Cabinet any matter which the President may request him to refer to it.
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
Appellate Division · 2024
Special Reference No. 1 of 2024 (opinion on the interim government)
On 8 August 2024, after the Prime Minister's resignation and the dissolution of Parliament, the Appellate Division, headed by Chief Justice Obaidul Hassan, advised under Article 106 that the President could appoint a Chief Adviser and other advisers as an interim measure to fill the constitutional vacuum, and administer their oath.
Case summaries are short descriptions for orientation, not a substitute for the judgment.
History
Amendments
- Twelfth Amendment 1991Chapters I, II and III of Part IV were substituted for the former Chapters I and II by section 3 of Act XXVIII of 1991, restoring the parliamentary system of government.
Connected provisions
Related articles
Questions
Article 48: frequently asked questions
Who elects the President of Bangladesh?
Members of Parliament elect the President under Article 48(1) and the law made for that purpose, so citizens do not vote directly. A candidate must be at least 35 years old, qualified to be elected as an MP and must not have been removed from the office of President by impeachment.
Does the President of Bangladesh act on the Prime Minister's advice?
Yes, in almost everything. Article 48(3) requires the President to follow the Prime Minister's advice except when appointing the Prime Minister and the Chief Justice. Courts cannot inquire into what advice was given. During a functioning caretaker government, the revived Article 58E makes this advice requirement ineffective.
What is the minimum age to become President of Bangladesh?
A person must be at least thirty-five years old to be elected President under Article 48(4). The candidate must also be qualified to be elected as a member of Parliament, and anyone previously removed from the presidency by impeachment is permanently barred.
Sources
- Constitution of the People's Republic of Bangladesh, Article 48 (Laws of Bangladesh)
- The Financial Express: Interim government formed on SC nod (10 August 2024)
- Prothom Alo English: HC full verdict: Interim govt supported by legal documents, people's will (12 February 2025)
- Supreme Court of Bangladesh, Appellate Division: Civil Appeal Nos. 112 and 113 of 2025 (judgment of 20 November 2025; full text March 2026)
- Dhaka Tribune: High Court: Interim govt backed by legal basis (12 February 2025)
- The Business Standard: How ex-president Zillur violated oath and signed caretaker govt abolition bill (quotes the referendum clause in Article 142)
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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