Status of The President in Bangladesh: Powers and Duties

Status of the President in Bangladesh
The role of the president has been changed three times since Bangladesh achieved
independence in 1971. In 1991, with the restoration of a democratically elected government,
Bangladesh adopted a parliamentary democracy. The President is now a largely ceremonial
post elected by the parliament.
Powers and duties

Currently, although the position of President holds de jure importance, its de facto powers are
largely ceremonial. The Constitution allows the President to act only upon the advice of the
Prime Minister and his/her Cabinet.
a: Appointments powers
b: Prerogative of mercy
c: Legislative powers
d: Chancellor at Universities
Appointments powers
The President can appoint the following to office:
By Article 56 (2), the Prime Minister and his/her Cabinet, with the limitation that the Prime
Minister must be a parliamentarian who holds the confidence of the majority of the House.
The President can also dismiss a member of Cabinet upon the request of the Prime Minister.
By Article 95, the Chief Justice and other Judges of the Court.
By Article 118, the Bangladesh Election Commission, including the Chief.
Prerogative of mercy
The President has the prerogative of mercy by Article 49 of the Constitution,[2] which allows
him to grant pardon to anybody, overriding any verdict given by any Court in Bangladesh.
Legislative powers
By Article 80, the President can refuse to assent to any bill passed by the parliament, sending
it back for review. A bill is enacted only after the President assents to it. But when the bill is
passed again by the parliament, if the president further fail or refuse to assent a bill, after a
certain period of days, the bill will be automatically transformed into law and will be
considered as assented by the president.[citation needed]
Chancellor at Universities
Chancellor is a titular position at Universities in Bangladesh, always held by the incumbent
President of Bangladesh under the Private Universities Act 1992.[5] The position in public
universities is not fixed for the president under any acts or laws (since the erection of a state
university in Bangladesh requires an act to be passed in itself),[6] but it has been the custom
so far to name the incumbent president of the country as chancellor of all state universities
thus established.
Eligibility
The Constitution of Bangladesh sets the principle qualifications one must meet to be eligible
to the office of the President.[7] 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 a member of Parliament; or
C: has been removed from the office of President by impeachment under this Constitution.
Conditions for presidency

Certain conditions, as per Article 27 of the Constitution, debar any eligible citizen from
contesting the presidential elections. The conditions are:
1: No person shall hold office as President for more than two terms, whether or not the
terms are consecutive.
2: The President shall not be 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.
Election process
Whenever the office becomes vacant, the new President is chosen by members of Parliament.
Although presidential elections involve actual voting by MPs, they tend to vote for the
candidate supported by their respective parties. The president may be impeached and
subsequently removed from office by a two-thirds majority vote of the parliament.
Oath or affirmation
The President is required to make and subscribe in the presence of the Speaker of the Jatiya
Sangsad, an oath or affirmation that he/she shall protect, preserve and defend the Constitution
as follows:
I, (name), do solemnly swear (or affirm) that I will faithfully discharge the duties of the office
of President of Bangladesh according to law:
That I will bear true faith and allegiance to Bangladesh:
That I will preserve, protect and defend the Constitution:
And that I will do right to all manner of people according to law, without fear or favour,
affection or ill-will"
— Article 148, Constitution of Bangladesh
Immunity
The President is granted immunity for all his actions by Article 51 of the Constitution[2] and
is not answerable to anybody for his actions, and no criminal charges can be brought to the
Court against him. The only exception to this immunity is if the Parliament seeks to impeach
the President.
Succession
Article 54 of the Constitution of Bangladesh provides for the succession of the President. It
states that in case of absence due to illness or other reasons, the Speaker of Jatiyo Sangshad
will act as the President of Bangladesh until the President resumes office.[2] This Article was
used during the ascension of Speaker Jamiruddin Sircar as the Acting President of the State
following the resignation of former President A. Q. M. Badruddoza Chowdhury,[9] and when
President Zillur Rahman could not discharge his duties due to his illness, and later, death.[10]
Since Bangladesh is a parliamentary system, it does not have a Vice President. However,
during the presidential system of governance, Bangladesh had a Vice President who would
assume the President's role in his absence; the post was abolished by the twelfth amendment
to the Constitution in 1991.[11]
Removal
A President can resign from office by writing a letter by hand to the Speaker. The President
can also be impeached by the Parliament. In case of impeachment, the Parliament must bring
specific charges against the President, and investigate it themselves, or refer it to any other
body for investigation. The President will have the right to defend himself. Following the
proceedings, the President is impeached immediately if two-thirds of the Parliament votes in
favor, and the Speaker ascends to power.[2]
Restoration of Parliamentary system (1991—present)

It was reverted to democratic parliamentary system in 1991 when Khaleda Zia became the
first female prime minister of Bangladesh through parliamentary election.
The President is the head of state, a largely ceremonial post elected by the parliament.[1]
However, the President's powers have been substantially expanded during the tenure of a
caretaker government, which is responsible for the conduct of elections and transfer of
power. The officers of the caretaker government must be non-partisan and are given three
months to complete their task. This transitional arrangement is an innovation that was
pioneered by Bangladesh in its 1991 election and then institutionalised in 1996 through its
13th constitutional amendment.[11]
In the caretaker government, the president has the power to control over the Ministry of
Defence, the authority to declare a state of emergency, and the power to dismiss the Chief
Adviser and other members of the caretaker government. Once elections have been held and
a new government and Parliament are in place, the president's powers and position revert to
their largely ceremonial role. The Chief Adviser and other advisers to the caretaker
government must be appointed within 15 days after the current Parliament expires

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Status of the President in Bangladesh

Powers and duties

A: is less than thirty-five years of age; or

Conditions for presidency

Restoration of Parliamentary system (1991—present)

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