Article 62 Parliament's control over the defence services
Recruitment, etc., of defence services
Laws on the armed forces, from recruitment to discipline, are made by elected representatives rather than by the services themselves, supporting accountability and civilian oversight.
Parliament passes laws regulating the raising and maintenance of the defence services and their reserves, and the discipline of service members. Long-standing service laws, such as the Army Act, continue to operate within this constitutional framework.
Officers are commissioned and personnel recruited according to these laws and the rules made under them. The legal framework sets eligibility, training, ranks and terms of service for each branch of the defence services and their reserves.
The appointment of the chiefs of staff of the Army, Navy and Air Force, and their pay and allowances, are matters Parliament may regulate by law. Appointments are made in the President's name on the government's advice.
Where Parliament has not yet legislated on a matter listed in clause (1), and no existing law covers it, the President may provide for it by order. Once Parliament legislates on that matter, the Act of Parliament governs instead.
In plain English
How Article 62 works
Article 62 gives Parliament the job of making laws about the armed forces. Parliament must by law regulate how the defence services and their reserves are raised and maintained, how commissions are granted to officers, how the chiefs of staff are appointed and paid, and discipline and other matters relating to the services. Until Parliament makes such a law on any of these matters, the President may make provision by order, but only where existing law does not already cover the point. This keeps the shape and discipline of the armed forces under democratic, legal control.
In practice
Most matters under clause (1) are governed by long-standing service statutes, with rules and regulations made under them. Appointments of the service chiefs are made in the President's name on the government's advice. Clause (2) is a gap-filler: it allows provision by presidential order only where Parliament has not legislated and no existing law applies. The armed forces played a visible role in maintaining order after August 2024, but that did not change the legal framework under this Article, which applies as printed.
The text
What Article 62 says
62. (1) Parliament shall by law provide for regulating –
(a) the raising and maintaining of the defence services of Bangladesh and of their reserves;
(b) the grant of commissions therein;
(c) the appointment of chiefs of staff of the defence services, and their salaries and allowances ; and
(d) the discipline and other matters relating to those services and reserves.
(2) Until Parliament by law provides for the matters specified in clause (1) the President may, by order, provide for such of them as are not already subject to existing 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.
Connected provisions
Related articles
Questions
Article 62: frequently asked questions
Who makes laws for the armed forces in Bangladesh?
Parliament. Article 62(1) requires Parliament by law to regulate the raising and maintenance of the defence services, the grant of commissions, the appointment and pay of chiefs of staff, and discipline and related matters.
Who appoints the army chief in Bangladesh?
The chiefs of staff are appointed in the President's name, acting on the Prime Minister's advice under Article 48(3). Article 62(1)(c) lets Parliament regulate their appointment, salaries and allowances by law.
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
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