Article 5 Dhaka as the capital
The capital
Key state institutions, including the Supreme Court, Parliament and ministries, are based in the capital. Litigants and businesses usually need to deal with Dhaka for national approvals and appeals.
Article 5(1) names Dhaka as the capital. Parliament, the Secretariat and the Supreme Court sit there, and foreign states place their embassies in the city. Ministries, the Election Commission and most national regulators also have their head offices in Dhaka, so major national decisions are taken there.
Article 5(2) leaves the capital's boundaries to be determined by law. Parliament and the government can redraw the capital area as the city grows, without amending the Constitution. This flexibility matters because Dhaka has expanded rapidly since 1972 and its city corporations have been reorganised more than once.
Article 100 says the permanent seat of the Supreme Court is in the capital. In 1989 the Appellate Division struck down permanent High Court benches outside Dhaka in the Eighth Amendment case. Litigants from every district still bring writ petitions and appeals to the capital.
In plain English
How Article 5 works
Article 5 makes Dhaka the capital of Bangladesh. The spelling was changed from 'Dacca' to 'Dhaka' by the Eighth Amendment in 1988. The second clause says that the exact boundaries of the capital are to be fixed by law, so Parliament decides how far the capital area extends. Being the capital means Dhaka is the seat of the government, Parliament and the Supreme Court. The Eighth Amendment case of 1989 is linked to this idea, because the court refused to let the permanent seat of the High Court be split across several cities.
In practice
Article 5 is settled. Its main legal effect arises through other articles that refer to the capital, especially Article 100 on the seat of the Supreme Court. The Eighth Amendment case (1989) struck down the scheme of permanent High Court benches in other cities. The spelling 'Dhaka' has been used since 1988. Laws on the capital's municipal area have also changed over time, including the division of Dhaka City Corporation into north and south corporations in 2011.
The text
What Article 5 says
5. (1) The capital of the Republic is [Dhaka].
(2) The boundaries of the capital shall be determined by law.
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 · 1989
Anwar Hossain Chowdhury v Bangladesh (Eighth Amendment case)
41 DLR (AD) 165; 1989 BLD (Spl) 1
Struck down permanent High Court Division benches outside the capital, protecting the single seat of the Supreme Court in Dhaka.
Case summaries are short descriptions for orientation, not a substitute for the judgment.
History
Amendments
- Eighth Amendment 1988Substituted the word 'Dhaka' for 'Dacca'.
Connected provisions
Related articles
Questions
Article 5: frequently asked questions
What is Article 5 of the Constitution of Bangladesh?
Article 5 states that the capital of the Republic is Dhaka and that the boundaries of the capital are to be determined by law. The spelling 'Dhaka' replaced 'Dacca' in 1988.
Can the capital of Bangladesh be moved?
Moving the capital would require amending Article 5 under Article 142, with a two-thirds majority in Parliament. Its boundaries, however, can be changed by an ordinary law, because Article 5(2) leaves them to Parliament.
Sources
- bdlaws: The Constitution of the People's Republic of Bangladesh, Article 5
- Ridwanul Hoque, Indian Journal of Constitutional Law, vol 10 (2021)
- Supreme Court of Bangladesh: 19 SCOB [2024] HCD 41 (citing Anwar Hossain Chowdhury v Bangladesh, 41 DLR (AD) 165)
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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