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Proclamation Of Emergency

Proclamation Of Emergency

by Abdullah AL Jobayer 221-26-474 -
Number of replies: 1

The dictionary meaning of emergency is sudden, unexpected, or impending situation that may cause injury, loss of life, damage to the property, or interference with the normal activities of a person or firm and which, therefore, requires immediate attention and remedial action.

Emergency Provision in the Constitution of Bangladesh.

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 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.