Constitutional Law
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Bangladesh Citizenship and Dual Nationality: What Is the Legal Position of Bangladeshis Living Abroad?
Living abroad does not automatically end Bangladeshi citizenship. Acquiring foreign permanent residence is also different from acquiring foreign citizenship. Bangladesh’s dual-nationality system is governed by the Constitution, the Citizenship Act, 1951, the Bangladesh Citizenship (Temporary Provisions) Order, 1972, statutory amendments, government notifications and current Ministry of Home Affairs procedures. Eligibility should never be assumed solely…
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How Can a Bangladeshi Challenge Passport Refusal, Impounding, Revocation or Unreasonable Delay?
A Bangladeshi passport authority may refuse to issue, impound or revoke a passport only under the Bangladesh Passport Order, 1973 and other applicable law. The authority cannot rely on an undisclosed personal preference or a ground not recognised by law. An affected person should obtain the written decision and reasons, use the appeal under Article…
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Natural Justice in Bangladesh: Can an Administrative Decision Be Challenged for Lack of Notice or Hearing?
An administrative decision may be challenged where the authority was legally required to act fairly but failed to give the affected person notice, a meaningful opportunity to respond or an impartial decision-maker. Natural justice does not require the same procedure in every case. The required level of fairness depends on the governing statute, the seriousness…
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The Right to Life and Personal Liberty under Article 32: What Protection Does It Provide?
Article 32 protects every person from being deprived of life or personal liberty except in accordance with law. It applies to citizens and non-citizens. The provision requires lawful authority and lawful procedure. The existence of an official instruction or detention order is not necessarily enough if the authority lacked jurisdiction, ignored constitutional safeguards or acted…
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Freedom of Speech under Article 39: What May the Government Lawfully Restrict?
Article 39 protects freedom of thought and conscience and guarantees citizens’ freedom of speech, expression and the press. Speech may be restricted only through law, on one or more of the grounds listed in Article 39(2), and the restriction must be reasonable. Freedom of speech does not mean freedom from every legal consequence. At the…
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Equality before Law and Equal Protection of Law: How Do Articles 27 and 31 Protect Citizens?
Article 27 guarantees that all citizens are equal before law and entitled to equal protection of law. It prevents the State from granting unjustified legal privilege or treating legally comparable citizens differently without a constitutionally acceptable basis. Article 31 provides a separate and broader protection. It requires every citizen, wherever located, to be treated according…
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The Five Writ Remedies in Bangladesh: What Does Each Remedy Do?
The five traditional writ remedies are mandamus, prohibition, certiorari, habeas corpus and quo warranto. These Latin names remain useful for understanding Article 102, but the Constitution states the powers of the High Court Division in its own language. A petitioner should therefore rely primarily on the wording of Article 102 rather than treating old common-law…
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Article 102 Explained: When Can the High Court Division Review Government Action?
Article 102 allows the High Court Division to enforce fundamental rights and supervise the legality of public power. It is available where a public authority violates a fundamental right, exceeds its lawful authority, fails to perform a mandatory duty or makes a decision through a legally defective process. Article 102 is not a general appeal…
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Can a Non-Resident Bangladeshi File a Writ Petition in Bangladesh?
A Bangladeshi living abroad may file an application under Article 102 of the Constitution if the person has the necessary standing and a legally reviewable grievance. The Constitution does not require a petitioner to be physically resident in Bangladesh. The petitioner must still comply with the procedural rules of the High Court Division. Foreign execution…
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What Constitutional Rights Do Bangladeshis Retain While Living Abroad?
Living outside Bangladesh does not, by itself, remove a person’s constitutional rights as a Bangladeshi citizen. Some constitutional rights expressly belong to citizens, while others protect every person. Article 31 is particularly important for non-resident Bangladeshis because it expressly guarantees lawful treatment to every citizen “wherever he may be.” However, the Constitution of Bangladesh does…