Article 55: The Cabinet and the executive power of the Prime Minister

by Barrister Tahmidur Rahman | Oct 25, 2026

Affected by recent changeThe ExecutiveII: The Prime Minister and the Cabinet

Article 55 The Cabinet and the executive power of the Prime Minister

The Cabinet

This is where real executive power lies. Investors dealing with ministries, licences or approvals are dealing with authority that flows from the Prime Minister under this Article.

Article 55 of the Constitution of Bangladesh: The Cabinet and the executive power of the Prime Minister
Affected by recent change

In force as printed. Following the reported revival of Article 58A (High Court Division, 17 December 2024, upheld by the Appellate Division on 9 July 2026), Chapter II except Article 55(4) to (6) does not apply while Parliament is dissolved; bdlaws does not yet reflect this.

PRIME MINISTERMINISTERS
PARLIAMENTCABINET
MINISTRYORDER
RULES OF BUSINESSFILES
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  1. After taking office, the Prime Minister designates the ministers who will sit in the Cabinet. The executive power of the Republic is exercised by or on the authority of the Prime Minister, not by the President personally.

  2. The Cabinet is collectively responsible to Parliament. Ministers defend government policy in the House, answer questions and must keep the confidence of the majority, otherwise the Prime Minister must resign or seek a dissolution under Article 57.

  3. Ministries carry out decisions, but every executive action is expressed to be taken in the President's name. Orders are authenticated under rules made by the President, and an order duly authenticated cannot be attacked in court for not being properly made or executed.

  4. The President makes rules allocating and regulating the business of government among ministries and divisions. These Rules of Business decide which minister and which secretary can approve a file, so they matter greatly to anyone seeking a government decision.

In plain English

How Article 55 works

Article 55 sets up the Cabinet, headed by the Prime Minister and made up of the ministers the Prime Minister chooses. The executive power of the Republic is exercised by or on the authority of the Prime Minister. The Cabinet is collectively responsible to Parliament, which means ministers stand or fall together. All government action is formally taken in the President's name. The President makes rules on how such orders are authenticated, and an order authenticated under those rules cannot be challenged in court merely because it was not properly made or signed. The President also makes the Rules of Business allocating work among ministries.

In practice

The Prime Minister's authority under clause (2) is the centre of executive power in Bangladesh, with day-to-day decisions channelled through the Rules of Business made under clause (6). Clause (5) gives strong protection to authenticated orders, so challenges usually focus on the legality of the decision, not on its form. From August 2024 to February 2026 an interim government led by a Chief Adviser governed on the basis of the Appellate Division's 2024 advisory opinion rather than this Chapter. Under the revived caretaker provisions, clauses (4) to (6) continue to apply, with adaptations, during a future caretaker period.

The text

What Article 55 says

55. (1) There shall be a Cabinet for Bangladesh having the Prime Minister at its head and comprising also such other Ministers as the Prime Minister may from time to time designate.

(2) The executive power of the Republic shall, in accordance with this Constitution, be exercised by or on the authority of the Prime Minister.

(3) The Cabinet shall be collectively responsible to Parliament.

(4) All executive actions of the Government shall be expressed to be taken in the name of the President.

(5) The President shall by rules specify the manner in which orders and other instruments made in his name shall be attested or authenticated, and the validity of any order or instrument so attested or authenticated shall not be questioned in any court on the ground that it was not duly made or executed.

(6) The President shall make rules for the allocation and transaction of the business of the Government.

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.

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 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 55: frequently asked questions

Who holds executive power in Bangladesh?

Under Article 55(2), the executive power of the Republic is exercised by or on the authority of the Prime Minister. Executive actions are expressed to be taken in the President's name, but the President acts on the Prime Minister's advice under Article 48(3).

What does collective responsibility of the Cabinet mean?

Under Article 55(3), the Cabinet as a whole is answerable to Parliament for government policy. Ministers support Cabinet decisions publicly, and if the Prime Minister loses majority support, Article 57 requires resignation or advice to dissolve Parliament.

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 55?

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