Article 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 issue a Proclamation of Emergency.
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 cases to operate if any such Proclamation is issued at a time when Parliament stands dissolved at 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 e-constitution unless before that expiration of the said period of thirty days a resolution approving the Proclamation has been passed by parliament.
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 disturbances 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.
Article 141B
While a Proclamation of Emergency is in operation ,nothing in articles 36 ,37, 38, 39 ,40 and 42 [Article 36: Subject to any reasonable restriction imposed by law in the public interest, every citizen shall have the right to move freely throughout Bangladesh, to reside and settle in any place therein and to leave and re-enter Bangladesh; Article 37: Every citizen shall have the right to assemble and to participate in public meetings peacefully and without arms, subject to any reasonable restriction imposed by law in the interests of public order or public health ; Article 38: Every citizen shall have right to from associations or unions, subject to any reasonable restriction imposed by law in the interests of morality or public order; Article 39 (1) Freedom of thought and conscience is guaranteed. (2) Subject to any reasonable restrictions imposed by law in the interest of the security to the State, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence-(a) the right of every citizen to freedom of speech and expression; and (b) freedom of the press are guaranteed; Article 40: Subject to any restriction imposed by law ,every citizen possessing such qualification ,if any as may be prescribed by law in relation to his profession ,occupation ,trade or business shall have the right to enter upon any lawful profession or occupation ,and to conduct any lawful trade or business; Article 42: (1) Subject to any restrictions imposed by law ,every citizen shall have the right to acquire ,hold, transfer or otherwise dispose of property ,and no property shall be compulsorily acquired, nationalized or requisitioned save by authority of law(2) A law made under clause (1) shall provide for the acquisition ,nationalization or requisition with compensation and shall either fix the amount of compensation or specify the principles on which ,and the manner in which, the compensation is to be assessed and paid: but no such law shall be called in question in any court on the ground that any provision in respect of such compensation is not adequate (4) Nothing in this article shall affect the operation of any law made before the commencement of the Proclamation (Amendment ) Order ,1977 ,in so far as it relates to the acquisition , nationalization or acquisition of any property without compensation shall restrict the power of the state to make any law or to take any executive action which the state would, but for the provision contained in Part III of this Constitution, be competent to make or take, but any law so made shall, to the extent of the incompetence, cease to have effect as soon as the Proclamation cases to operate, except as respect things done or omitted to be done before the law so ceases to have effect.
Article 141C
1) While a Proclamation of Emergency is in operation, the President may, on the writing 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 Constitutions as may be specified in the order, and all proceedings pending in any court for the enforcement of the rights so specified, shall remain suspended for the period as may be specified in the order.
2) An order made under his 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.