THE CONSTITUTION OF THE PEOPLE’S REPUBLIC OF BANGLADESH

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PART V
THE LEGISLATURE

CHAPTER I
PARLIAMENT
 
  Qualifications and disqualifications for election to Parliament  
66. (1) A person shall subject to the provisions of clause (2), be qualified to be elected as, and to be, a member of Parliament if he is a citizen of Bangladesh and has attained the age of twenty-five years.



(2) A person shall be disqualified for election as, or for being, a member of Parliament who –



(a) is declared by a competent court to be of unsound mind;



(b) is an undischarged insolvent;



(c) acquires the citizenship of, or affirms or acknowledges allegiance to, a foreign state;



(d) has been, on conviction for a criminal offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release; 1[ * * *]






2[ (e) has been convicted of any offence under the Bangladesh Collaborators (Special Tribunals) Order, 1972 ;



(f) holds any office of profit in the service of the Republic other than an office which is declared by law not to be disqualified its holder ; or]



(g) is disqualified for such election by or under any law.




3[ (2A) Notwithstanding anything contained in sub-clause (c) of clause (2) of this article, if any person being a citizen of Bangladesh by birth acquires the citizenship of a foreign State and thereafter such person-
(i) in the case of dual citizenship, gives up the foreign citizenship ; or
(ii) in other cases, again accepts the citizenship of Bangladesh-
for the purposes of this article, he shall not be deemed to acquire the citizenship of a foreign State.]



4[ (3) For the purposes of this article, a person shall not be deemed to hold an office of profit in the service of the Republic by reason only that he is the President, the Prime Minister, the Speaker, the Deputy Speaker, a Minister, Minister of State or Deputy Minister.]




(4) If any dispute arises as to whether a member of Parliament has, after his election, become subject to any of the disqualifications mentioned in clause (2) or as to whether a member of Parliament should vacate his seat pursuant to article 70, the dispute shall be referred to the Election Commission to hear and determine it and the decision of the Commission on such reference shall be final.



(5) Parliament may, by law, make such provision as it deems necessary for empowering the Election Commission to give full effect to the provisions of clause (4).
 
 
 
1 The word `or` and sub-clause (dd) were omitted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 24 (i).

2 Sub-clause (e) and (f) were inserted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 24 (ii).

3 Clause (2A) was substituted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 24 (iii).

4 Clause (3) was inserted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 24 (iv).

 
 

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Ministry of Law, Justice and Parliamentary Affairs