Article 61 Supreme command of the defence services
Supreme command
Civilian control of the military is a cornerstone of constitutional democracy and of political stability, which investors and citizens alike depend on.
Text as substituted by section 22 of the Fifteenth Amendment 2011. The reported 2024 and 2026 judgments voided sections 20 and 21, not section 22, so the 1996 clause on caretaker-period command is not shown as restored; the interaction was not addressed in the reports reviewed.
The Constitution vests supreme command of the defence services in the President. Formally and legally, the Army, Navy and Air Force answer to the Head of State as their supreme commander, rather than to any individual service chief or political figure.
The exercise of supreme command is regulated by law, such as the statutes governing each service and the laws Parliament makes under Article 62. This prevents command from being exercised arbitrarily or outside the constitutional framework.
Because Article 48(3) requires the President to act on the Prime Minister's advice, defence policy and senior military decisions are in substance taken by the elected government, which keeps the armed forces under civilian, constitutional control.
The defence services act under this constitutional chain of command, whether in national defence, disaster relief, United Nations peacekeeping or aid to the civil authorities when they are lawfully called upon to help maintain order.
In plain English
How Article 61 works
Article 61 places the supreme command of the Army, Navy and Air Force in the President. The way that command is exercised must be regulated by law. Because the President acts on the Prime Minister's advice under Article 48(3), decisions about the armed forces are in practice taken by the elected government, while the President is the formal head of the defence services. This keeps the armed forces under civilian, constitutional authority. Before 2011, the Article also gave the President direct control of that law during a caretaker government; that wording was removed by the Fifteenth Amendment.
In practice
The President's supreme command is formal; operational and policy decisions follow the government's advice. The Thirteenth Amendment 1996 added that, during a caretaker period, the law regulating command would be administered by the President. The Fifteenth Amendment 2011 substituted the Article without that clause. The High Court Division in December 2024 and the Appellate Division in July 2026 voided the sections abolishing the caretaker system, sections 20 and 21, as reported, but not section 22, which substituted this Article. How the revived Article 58E interacts with Article 61 in a future caretaker period may need to be resolved by Parliament or the courts.
The text
What Article 61 says
[61. The supreme command of the defence services of Bangladesh shall vest in the President and the exercise thereof shall be regulated 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.
History
Amendments
- Thirteenth Amendment 1996Added that during a Non-Party Care-taker Government the law regulating supreme command shall be administered by the President (section 4 of Act I of 1996).
- Fifteenth Amendment 2011Article 61 substituted in its present form (section 22 of Act XIV of 2011).
Connected provisions
Related articles
Questions
Article 61: frequently asked questions
Who is the supreme commander of the armed forces of Bangladesh?
The President. Article 61 vests the supreme command of the defence services in the President, and its exercise is regulated by law. In practice, the President acts on the Prime Minister's advice under Article 48(3).
Does the President control the army during a caretaker government?
Before 2011, Article 61 said the law regulating command would be administered by the President during a caretaker government. That clause was removed in 2011 and was not reported as restored, although revived Article 58E disapplies the advice rule during a caretaker period.
Sources
- Constitution of the People's Republic of Bangladesh, Article 61 (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)
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 61?
Our lawyers advise on writ petitions, fundamental rights and public law before the Supreme Court of Bangladesh.