Title: The Constitution of the People's Republic of Bangladesh - Part X

PART X: AMENDMENT OF THE CONSTITUTION

Art. 142.- Power to amend any provision of the Constitution

90[(1)] Notwithstanding anything contained in this Constitution-
91* *

(a) any provision thereof may by 92[amended by way of addition, alteration, substitution or repeal] by Act of Parliament:

Provided that:
(i) no Bill for such amendment 91* * shall be allowed to proceed unless the long title thereof expressly states that it will amend 91* * a provision of the Constitution;
(ii) no such Bill shall be presented to the President for assent unless it is passed by the votes of not less than two-thirds of the total number of members of Parliament;
(b) when a Bill passed as aforesaid is presented to the President for his assent he shall, within the period of seven days after the Bill is presented to him assent to the Bill, and if he fails so to do he shall be deemed to have assented to it on the expiration of that period.
93[(1A) Notwithstanding anything contained in clause (1), when a Bill, passed as a aforesaid,, which provides for the amendment of the Preamble or any provisions of articles 8, 48 94[0r] 56 95* * * or this article, is presented to the President for assent, the President, shall within the period of seven days, after the Bill is presented to him, cause to be referred to a referendum the question whether the Bill should or should not be assented to.
(1B) A referendum under this article shall be conducted by the Election Commission, within such period and in such manner as may be provided by law, amongst the person enrolled on the electoral roll prepared for the purpose of election to 96[Parliament].
(1C) On the day on which the result of the referendum conducted in relation to a Bill under this article is declared, the President shal be deemed to have-

(a) assented to the Bill, if the majority of the total votes cast are in favour of the Bill being assented to; or
(b) Withheld assent therefrom, if the majority of the total votes cast are not in favour of the Bill being assented to.]
97[1D) Nothing in clause (1C) shall be deemed to be an expression of confidence or no-confidence in the Cabinet or Parliament]
98[(2) Nothing in article 26 shall apply to any amendment made under this article.]



---

(90) Article 142 was re-numbered as clause (1) of that article by the Constitution (Second Amendment) Act, 1973 (Act XXIV of 1973), s.7, which shall be deemed to have taken effect on the 15th day of July, 1973.

(91) The words "or repeal" were omitted, ibid.

(92) The words and commas "amended by way of addition, alternation, substitution or repeal" were substituted for the words "amended or repealed" ibid.

(93) Clauses (1A), (1B) and (1C) were inserted by the Second Proclamation Order No. IV of 1978.

(94) The word "or" was substituted for the comma"," by the Constitution (Twelfth Amendment) Act, 1991 (Act XXVIII of 1991), s.19(a) (w.e.f. 18-9-91).

(95) The commas and figures ", 58, 80, 92A" were omitted, ibid, (w.e.f. 18-9-91).

(96) The word "Parliament" was substituted for the words "the office of President" by the Constitution (Twelfth Amendment) Act, 1991 (Act XXVIII of 1991), s.19(b) (w.e.f. 18-9-91).

(97) Clause (1D) was inserted ibid, s. 19(c) (w.e.f. 18-9-91).

(98) Clause (2) was added by the constitution (Second Amendment) Act, 1973 (Act XXIV of 1973), s.7, which shall be deemed to have taken effect on the 15th day of July, 1973.