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Constitution of the People’s Republic of Bangladesh
(3) In the exercise of all his functions, save only that of appointing the Prime Minister pursuant to clause (3)
of article 56 and the Chief Justice pursuant to clause (1) of article 95, the President shall act in accordance
with the advice of the Prime Minister:
Provided that the question whether any, and if so what, advice has been tendered by the Prime Minister to
the President shall not be enquired into in any court.
(4) A person shall not be qualified for election as President if he –
(a) is less than thirty five years of age; or
(b) is not qualified for election as a member of Parliament; or
(c) has been removed from the office of President by impeachment under this Constitution.
(5) The Prime Minister shall keep the President informed on matters of domestic and foreign policy, and
submit for the consideration of the Cabinet any matter which the President may request him to refer to it.
Prerogative of mercy
49. The President shall have power to grant pardons, reprieves and respites and to remit, suspend or
commute any sentence passed by any court, tribunal or other authority.
50. (1) Subject to the provisions of this Constitution, the President shall hold office for a term of five years
form the date on which he enters upon his office:
Term of office of President
Provided that notwithstanding the expiration of his term the President shall continue to hold office until his
successor enters upon office.
(2) No person shall hold office as President for more than two terms, whether or not the terms are
consecutive.
(3) The President may resign his office by writing under his hand addressed to the Speaker.
(4) The President during his term of office shall not be qualified for election as a member of Parliament, and
if a member of Parliament is elected as President he shall vacate his seat in Parliament on the day on which
he enters upon his office as President.
President's immunity
51. (1) Without prejudice to the provisions of article 52, the President shall not be answerable in any court
for anything done or omitted by him in the exercise or purported exercise of the functions of his office, but
this clause shall not prejudice the right of any person to take proceedings against the Government.
(2) During his term of office no criminal proceedings whatsoever shall be instituted or continued against the
President in, and no process for his arrest or imprisonment shall issue from, any court.
Impeachment of the
President
52. (1) The President may be impeached on a charge of violating this Constitution or of grave misconduct,
preferred by a notice of motion signed by a majority of the total number of members of Parliament and
delivered to the Speaker, setting
out the particulars of the charge, and the motion shall not be debated earlier than fourteen nor later than
thirty days after the notice is so delivered; and the Speaker shall forthwith summon Parliament if it is not in
session.
(2) The conduct of the President may be referred by Parliament to any court, tribunal or body appointed or
designated by Parliament for the investigation of charge under this article.
(3) The President shall have the right to appear and to be represented during the consideration of the
charge.
(4) If after the consideration of the charge a resolution is passed by Parliament by the votes of not less
than two thirds of the total number of members declaring that the charge has been substantiated, the
President shall vacate his office on the date on which the resolution is passed.
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