Article 58A Chapter II not to apply while Parliament is dissolved
Application of Chapter
It is the switch that moves government from the party cabinet to a neutral caretaker during elections. Its revival matters to anyone planning around the timing and conduct of the next general election.
Omitted by section 20 of the Fifteenth Amendment 2011; the High Court Division declared section 20 void on 17 December 2024 and the Appellate Division dismissed the appeals on 9 July 2026, as reported. bdlaws still shows it as omitted; the text is from the 1996 Act as reproduced in the Supreme Court's published judgment.
Parliament is dissolved, either because its five-year term ends or earlier on the Prime Minister's advice. From this point the revived Article 58A switches off Chapter II, except Article 55(4) to (6), for as long as Parliament stays dissolved.
With Chapter II set aside, the Non-Party Care-taker Government provisions in Chapter IIA govern. After a short transition under Article 58C(2), a Chief Adviser and up to ten advisers run the government until a new Prime Minister takes office.
If the President summons the dissolved Parliament under Article 72(4), which applies when the country is at war, Chapter II applies again despite anything in Chapter IIA. The proviso keeps the party government accountable to a sitting House in that emergency.
In plain English
How Article 58A works
Article 58A is a short bridging rule added in 1996 with the caretaker system. It says that while Parliament is dissolved, the ordinary rules on the Prime Minister and ministers in Chapter II do not apply, except Article 55(4) to (6), which concern action in the President's name and the Rules of Business. This clears the way for the Non-Party Care-taker Government in Chapter IIA to run the country during the election period. There is one exception: if the President recalls a dissolved Parliament to meet under Article 72(4), for example in a war emergency, Chapter II applies again.
In practice
Article 58A was inserted by section 2 of the Thirteenth Amendment Act 1996 and omitted by section 20 of the Fifteenth Amendment Act 2011. The High Court Division held on 17 December 2024 that sections 20 and 21 were void, and the Appellate Division dismissed the appeals against that judgment on 9 July 2026, as reported. Because the Appellate Division held in November 2025 that the caretaker system can first be triggered when the Parliament elected in February 2026 is dissolved, Article 58A has no practical operation until then. bdlaws.minlaw.gov.bd still displays it as omitted.
The text
What Article 58A says
58A. Application of Chapter.―Nothing in this Chapter, except the provisions of article 55(4), (5) and (6), shall apply during the period in which Parliament is dissolved or stands dissolved;
Provided that, notwithstanding anything contained in Chapter IIA, where the President summons Parliament that has been dissolved to meet under article 72(4), the Chapter shall apply.
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
High Court Division · 2024
Fifteenth Amendment case
On 17 December 2024 a bench of Justice Farah Mahbub and Justice Debashish Roy Chowdhury declared sections 20 and 21 of the Fifteenth Amendment Act 2011, which abolished the caretaker system, void as destroying the basic structure, and left remaining issues to Parliament. The Appellate Division dismissed the appeals on 9 July 2026, as reported.
Appellate Division · 2011
Abdul Mannan Khan v Government of Bangladesh (Thirteenth Amendment case)
64 DLR (AD) 169
By majority, on 10 May 2011, the seven-member bench declared the Thirteenth Amendment Act 1996, which created the Non-Party Care-taker Government, prospectively void as contrary to democracy and the basic structure. This judgment was set aside in its entirety on review in November 2025.
Case summaries are short descriptions for orientation, not a substitute for the judgment.
History
Amendments
- Thirteenth Amendment 1996Inserted Article 58A after Article 58 (section 2 of Act I of 1996).
- Fifteenth Amendment 2011Omitted Article 58A (section 20 of Act XIV of 2011). Section 20 was declared void by the High Court Division on 17 December 2024, upheld on appeal on 9 July 2026, as reported.
Connected provisions
Related articles
Questions
Article 58A: frequently asked questions
What is Article 58A of the Constitution of Bangladesh?
Article 58A provides that, while Parliament is dissolved, Chapter II on the Prime Minister and Cabinet does not apply, except Article 55(4) to (6). It works with the caretaker chapter so that a neutral government runs the country during the election period.
Is Article 58A in force now?
As reported, yes in law: the High Court Division voided its omission in December 2024 and the Appellate Division upheld that in July 2026. In practice it will first operate when the current Parliament is dissolved. bdlaws still shows it as omitted.
Sources
- Constitution of the People's Republic of Bangladesh, Article 58A (Laws of Bangladesh)
- Supreme Court of Bangladesh, Appellate Division: Thirteenth Amendment judgment (Civil Appeal No. 139 of 2005)
- Prothom Alo English: Caretaker govt reinstated as some provisions scrapped (17 December 2024)
- Prothom Alo English: SC verdict upholds reinstatement of caretaker govt and referendum provisions (9 July 2026)
- Dhaka Tribune: Appellate Division upholds four key HC findings on 15th Amendment (9 July 2026)
- Supreme Court of Bangladesh, Appellate Division: Civil Appeal Nos. 112 and 113 of 2025 (judgment of 20 November 2025; full text March 2026)
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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