Article 52 Impeachment of the President by Parliament
Impeachment of the President
Impeachment is the main way to hold a sitting President to account, since Article 51 bars ordinary court cases. The high thresholds protect the office from being removed for short-term political reasons.
MPs who believe the President has violated the Constitution or committed grave misconduct prepare a notice of motion setting out the particulars of the charge. It must be signed by a majority of the total number of MPs and delivered to the Speaker.
If Parliament is not in session the Speaker must summon it at once. The motion cannot be debated earlier than fourteen days or later than thirty days after the notice was delivered, giving time for preparation without allowing delay.
Parliament may refer the President's conduct to a court, tribunal or other body that it appoints or designates to investigate the charge. The President has the right to appear and to be represented throughout the consideration of the charge.
If, after considering the charge, Parliament passes a resolution by at least two-thirds of the total number of members declaring the charge substantiated, the President vacates office on that day. The person is then permanently disqualified from being elected President again.
In plain English
How Article 52 works
Article 52 lets Parliament remove a President for violating the Constitution or for grave misconduct. The process starts with a written notice of motion, signed by a majority of all MPs and delivered to the Speaker, setting out the charge. The motion cannot be debated sooner than 14 days or later than 30 days after the notice. Parliament may send the charge to a court, tribunal or other body to investigate, and the President has the right to appear and be represented. If at least two-thirds of all MPs vote that the charge is proved, the President leaves office that day. A person removed in this way can never again be elected President.
In practice
The thresholds are deliberately high: a majority of all MPs to start the process and two-thirds of all MPs, not just those present, to remove. Where the Speaker is acting as President under Article 54, the Deputy Speaker takes the Speaker's role in the procedure. Impeachment needs a sitting Parliament. Between the dissolution of Parliament on 6 August 2024 and the election of February 2026 there was no Parliament, so this route was not available during the interim government period, whatever the public debate about the presidency at the time.
The text
What Article 52 says
52. (1) The President may be impeached on a charge of violating this Constitution or of grave misconduct, preferred by a notice of motion signed by a majority of the total number of members of Parliament and delivered to the Speaker, setting out the particulars of the charge, and the motion shall not be debated earlier than fourteen nor later than thirty days after the notice is so delivered; and the Speaker shall forthwith summon Parliament if it is not in session.
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(4) If after the consideration of the charge a resolution is passed by Parliament by the votes of not less than two thirds of the total number of members declaring that the charge has been substantiated, the President shall vacate his office on the date on which the resolution is passed.
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Key clauses shown. Omitted text is marked with an ellipsis; read the full text on the official site.
English text as published on the official Laws of Bangladesh website. The Bangla text is authoritative (Article 153). Where a court has changed the position, the status note above explains it.
History
Amendments
- Twelfth Amendment 1991 →Chapters 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 52: frequently asked questions
How can the President of Bangladesh be impeached?
A notice of motion signed by a majority of all MPs is delivered to the Speaker, setting out a charge of violating the Constitution or grave misconduct. After investigation and a hearing, the President is removed if at least two-thirds of all MPs vote that the charge is substantiated.
Can an impeached President stand for election again?
No. Under Article 48(4)(c), a person who has been removed from the office of President by impeachment is not qualified for election as President. The disqualification is permanent and does not depend on how much time has passed.
Sources
- Constitution of the People's Republic of Bangladesh, Article 52 (Laws of Bangladesh)
- The Financial Express: Interim government formed on SC nod (10 August 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.
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