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Constitution of the People’s Republic of Bangladesh
(3) The President shall cause the report and memorandum to be laid before Parliament at its first meeting
held after 31st March in the year in which the report was submitted.
86 PART IXA
EMERGENCY PROVISIONS
141A. (1) If the President is satisfied that a grave emergency exists in which the security or economic life of
Bangladesh, or any part thereof, is threatened by war or external aggression or internal disturbance, he may
Proclamation of emergency
issue a Proclamation of Emergency 87[ for one hundred twenty days]:
88[ * * *]
89
[ Provided that such Proclamation shall require for its validity the prior counter signature of the Prime
Minister.]
(2) A Proclamation of Emergency –
(a) may be revoked by a subsequent Proclamation;
(b) shall be laid before Parliament;
(c) shall cease to operate at the expiration of one hundred and twenty days, unless before the expiration of
that period it has been approved by a resolution of Parliament: 90[ * * *]
Provided that if any such Proclamation is issued at a time when Parliament stands dissolved or the
dissolution of Parliament takes place during the period of one hundred and twenty days referred to in sub
clause (c), the Proclamation shall cease to operate at the expiration of thirty days from the date on which
Parliament first meets after its re constitution, unless before that expiration of the said period of thirty days
a resolution approving the Proclamation has been passed by Parliament 91[ or at the expiration of one
hundred and twenty days, whichever occurs first.].
(3) A Proclamation�� of Emergency declaring that the security of Bangladesh, or any part thereof, is threatened
by war or external aggression or by internal disturbance may be made before the actual occurrence of war
or any such aggression or disturbance if the President is satisfied that there is imminent danger thereof.
92
Suspension of provisions of
certain articles during
emergencies
141B. While a Proclamation of Emergency is in operation, nothing in articles 36, 37, 38, 39, 40 and 42 shall
restrict the power of the State to make any law or to take any executive action which the State would, but
for the provisions contained in Part III of this Constitution, be competent to make or to take, but any law so
made shall, to the extent of the incompetency, cease to have effect as soon as the Proclamation ceases to
operate, except as respects things done or omitted to be done before the law so ceases to have effect.
93
Suspension of enforcement
of fundamental rights during
emergencies
141C. (1) While a Proclamation of Emergency is in operation, the President may, 94[ on the written advice of
the Prime Minister, by order], declare that the right to move any court for the enforcement of such of the
rights conferred by Part III of this Constitution as may be specified in the order, and all proceedings pending
in any court for the enforcement of the right so specified, shall remain suspended for the period during
which the Proclamation is in force or for such shorter period as may be specified in the order.
(2) An order made under this article may extend to the whole of Bangladesh or any part thereof.
(3) Every order made under this article shall, as soon as may be, be laid before Parliament.]
PART X
AMENDMENT OF THE CONSTITUTION
Power to amend any
provision of the Constitution
95
[ 142. Notwithstanding anything contained in this Constitution
(a) any provision thereof may be amended by way of addition, alteration, substitution or repeal by Act of
Parliament :
Provided that
(i) no Bill for such amendment shall be allowed to proceed unless the long title thereof expressly states that
it will amend 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.] 96[
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