Article 57 When the Prime Minister's office becomes vacant
Tenure of office of Prime Minister
It sets the rules for a change of government, which affects policy stability, contracts with the State and investor confidence.
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.
A Prime Minister governs only while commanding the support of a majority of MPs. If that support is lost, for example through a change of alliances or a lost confidence vote in the House, Article 57(2) is triggered and the Prime Minister must act.
The Prime Minister must either resign or advise the President in writing to dissolve Parliament. Resignation is effective by placing it in the President's hands; the office also falls vacant if the Prime Minister ceases to be an MP.
If advised to dissolve, the President does so only if satisfied that no other MP commands a majority. If another MP does, the President can appoint that MP as Prime Minister under Article 56(3) instead.
The outgoing Prime Minister may hold office until a successor enters upon office. Under the revived caretaker chapter, after a future dissolution the Prime Minister and cabinet continue only until the Chief Adviser is appointed, which must happen within fifteen days.
In plain English
How Article 57 works
Article 57 explains when a Prime Minister leaves office. The office becomes vacant if the Prime Minister resigns by handing a resignation to the President, or stops being an MP. If the Prime Minister loses majority support in Parliament, there are two choices: resign, or advise the President in writing to dissolve Parliament. The President dissolves Parliament only if satisfied that no other MP commands a majority. To avoid a gap, the Prime Minister can stay in office until a successor takes over. Reform proposals to limit any person to ten years as Prime Minister have been discussed but are not law.
In practice
On 5 August 2024 the Prime Minister resigned and left the country, and Parliament was dissolved the next day. Public controversy later arose over the written resignation; in October 2024 the President's office said the matter had been answered by the Appellate Division's opinion of 8 August 2024 and urged people not to create controversy. Looking ahead, the revived Article 58C(2) limits how long a Prime Minister continues after dissolution. The 2025 national consensus talks reported agreement on a ten-year lifetime limit for any Prime Minister, but as of 2026 reporting this remains a proposal and no amendment had been enacted.
The text
What Article 57 says
57. (1) The office of the Prime Minister shall become vacant–
(a) if he resigns from office at any time by placing his resignation in the hands of the President; or
(b) if he ceases to be a member of Parliament.
(2) If the Prime Minister ceases to retain the support of a majority of the members of Parliament, he shall either resign his office or advise the President in writing to dissolve Parliament, and if he so advises the President shall, if he is satisfied that no other member of Parliament commands the support of the majority of the members of Parliament, dissolve Parliament accordingly.
(3) Nothing in this article shall disqualify Prime Minister for holding office until his successor has entered upon office.
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 57: frequently asked questions
What happens if the Prime Minister of Bangladesh loses the majority?
Under Article 57(2), the Prime Minister must resign or advise the President in writing to dissolve Parliament. The President dissolves Parliament only if satisfied that no other MP commands the support of the majority of members.
Is there a term limit for the Prime Minister of Bangladesh?
Not under the current text. Article 57 sets no limit on how long a person may serve. A ten-year lifetime limit was among the reform proposals reported as agreed in July 2025, but as of 2026 it had not been enacted.
To whom does the Prime Minister of Bangladesh resign?
The Prime Minister resigns by placing the resignation in the hands of the President under Article 57(1)(a). The Prime Minister may continue in office until a successor enters upon office, under Article 57(3).
Sources
- Constitution of the People's Republic of Bangladesh, Article 57 (Laws of Bangladesh)
- The Daily Star: President says it's a settled matter, urges all not to create controversy
- The Financial Express: Interim government formed on SC nod (10 August 2024)
- Prothom Alo English: Consensus reached on 12 fundamental reform proposals (29 July 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)
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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