Article 70 Anti-defection rule (floor crossing)
Vacation of seat on resignation or voting against political party
Article 70 shapes how every vote in Parliament is cast, because members cannot vote against their party without losing their seats. For citizens and investors it explains why government Bills rarely fail and why reform of the article is widely debated.
In force as printed on bdlaws. Changing Article 70 so MPs are bound to vote with their party only on finance bills and no-confidence motions was agreed in the 2025 reform talks and forms part of the July National Charter, put to a referendum on 12 February 2026; as of 2026 reporting it remains a proposal and no amendment had been enacted.
A candidate is nominated by a political party and wins a constituency. From that moment Article 70 applies to the member, because the seat was won as that party's nominee rather than as an independent.
During a division on a Bill or motion, the member votes against the party's position, or resigns from the party altogether. Either act triggers Article 70, whatever the subject of the vote. Abstaining is not mentioned in the text, which has led to debate about its effect.
If it is disputed whether the member must vacate the seat, the question is referred to the Election Commission under Article 66(4). The Commission hears the matter and its decision is final. The Speaker or another member can raise the question.
If the rule applies, the seat is vacated under Article 67(1)(e) and a by-election follows. The former member is not disqualified and may contest that by-election or a later election, even for a different party or as an independent.
In plain English
How Article 70 works
Article 70 is Bangladesh's anti-defection or "floor crossing" rule. If you were elected as an MP after being nominated by a political party, you lose your seat if you resign from that party or vote in Parliament against it. You are not, however, barred from standing again at a later election. The rule applies only to members elected on a party ticket, not to independents. Its purpose is to keep governments stable by stopping MPs from switching sides for gain, but critics argue it stops members voting freely on Bills. Disputes about whether an MP must vacate the seat go to the Election Commission under Article 66(4).
In practice
Courts have so far left Article 70 intact. In 2018 the High Court Division summarily rejected a writ challenging it, describing it as a safeguard for democracy and noting that the Fifteenth Amendment only restated the earlier text. The Appellate Division's Sixteenth Amendment judgment of 2017 contained critical observations, which the High Court treated as persuasive but not binding. In the 2025 reform talks parties agreed that MPs should be bound only on finance bills and no-confidence motions. As reported, that change remained a pending proposal in 2026.
The text
What Article 70 says
[70. A person elected as a member of Parliament at an election at which he was nominated as a candidate by a political party shall vacate his seat if he –
(a) resigns from that party ; or
(b) votes in Parliament against that party ;
but shall not thereby be disqualified for subsequent election as a member of Parliament.]
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
High Court Division · 2018
Eunus Ali Akond v Bangladesh (writ on Article 70)
Summarily rejected a challenge to Article 70, holding it is not inconsistent with the Constitution and serves as a safeguard for democracy; earlier critical observations in the Sixteenth Amendment case were treated as obiter.
Case summaries are short descriptions for orientation, not a substitute for the judgment.
History
Amendments
- Fourth Amendment 1975 →Substituted, as listed by Banglapedia; the detailed wording could not be checked against the Act text.
- Twelfth Amendment 1991 →Substituted Article 70 (section 5): a member elected as a party's candidate vacates the seat on resigning from the party or voting against it in Parliament, abstaining or being absent against the party's direction counts as voting against it, and the Speaker resolves disputes over the leadership of a parliamentary party.
- Fifteenth Amendment 2011 →Substituted the present text of Article 70 for the former article.
Connected provisions
Related articles
Questions
Article 70: frequently asked questions
What is Article 70 of the Constitution of Bangladesh?
Article 70 is the anti-defection rule. An MP elected as a party's nominee vacates the seat on resigning from that party or voting in Parliament against it, but is not disqualified from standing at a later election.
Can an MP vote against their party in Bangladesh?
Not without consequence. Under Article 70 a party-nominated MP who votes against the party in Parliament must vacate the seat. The rule applies to any vote, though reform proposals would limit it to finance bills and no-confidence motions.
Is Article 70 going to be changed?
A change was agreed in the 2025 reform talks and included in the July National Charter, which went to a referendum in February 2026. As of 2026 reporting, no amendment had been enacted, so the current text still applies.
Sources
- Constitution of the People's Republic of Bangladesh, Article 70 (Laws of Bangladesh)
- The Daily Star: Article 70 of Constitution: It's a safeguard for democracy (May 2018)
- Prothom Alo English: MPs may enjoy freedom in parliament except on no confidence motions, finance bills (June 2025)
- ConstitutionNet: Bangladesh's Referendum and Reforms: The Need to Return to a Constitutional Process (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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