Direct Democracy

Bangladesh

DD002

Direct Democracy Provisions (National Level)

Question:	Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:	a. Yes
Comments:	C:142 "Power to amend any provision of the Constitution [(1)] Notwithstanding anything contained in this Constitution - (a) any provision thereof may by [amended by way of addition, alteration, substitution or repeal] by Act of Parliament: Provided that- (i) no Bill for such amendment 91* * shall be allowed to proceed unless the long title thereof expressly states that it will amend a provision of the Constitution; (ii) no such Bill shall be presented to the President for assent unless it is passed by the votes of not less than two-thirds of the total number of members of Parliament; (b) when a Bill passed as aforesaid is presented to the President for his assent he shall, within the period of seven days after the Bill is presented to him assent to the Bill, and if he fails so to do he shall be deemed to have assented to it on the expiration of that period. (1A) Notwithstanding anything contained in clause (1), when a Bill, passed as a aforesaid,, which provides for the amendment of the Preamble or any provisions of articles 8, 48, 56 or this article, is presented to the President for assent, the President, shall within the period of seven days, after the Bill is presented to him, cause to be referred to a referendum the question whether the Bill should or should not be assented to. (1B) A referendum under this article shall be conducted by the Election Commission, within such period and in such manner as may be provided by law, amongst the person enrolled on the electoral roll prepared for the purpose of election to [Parliament]. (1C) On the day on which the result of the referendum conducted in relation to a Bill under this article is declared, the President shall be deemed to have- (a) assented to the Bill, if the majority of the total votes cast are in favour of the Bill being assented to; or (b) Withheld assent therefrom, if the majority of the total votes cast are not in favour of the Bill being assented to.] 1D) Nothing in clause (1C) shall be deemed to be an expression of confidence or no-confidence in the Cabinet or Parliament] (2) Nothing in article 26 shall apply to any amendment made under this article.]"
Source:	The Constitution of the People's Republic of Bangladesh, Art. 142; the Referendum Act No. 25 of 1991 "Direct Democracy: The International IDEA Handbook" (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verified:	2012/05/30

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DD003

Mandatory referendums (national level)

Question:	Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:	a. Yes
Comments:	C:142 "Power to amend any provision of the Constitution [(1)] Notwithstanding anything contained in this Constitution - (a) any provision thereof may by [amended by way of addition, alteration, substitution or repeal] by Act of Parliament: Provided that- (i) no Bill for such amendment 91* * shall be allowed to proceed unless the long title thereof expressly states that it will amend a provision of the Constitution; (ii) no such Bill shall be presented to the President for assent unless it is passed by the votes of not less than two-thirds of the total number of members of Parliament; (b) when a Bill passed as aforesaid is presented to the President for his assent he shall, within the period of seven days after the Bill is presented to him assent to the Bill, and if he fails so to do he shall be deemed to have assented to it on the expiration of that period. (1A) Notwithstanding anything contained in clause (1), when a Bill, passed as a aforesaid,, which provides for the amendment of the Preamble or any provisions of articles 8, 48, 56 or this article, is presented to the President for assent, the President, shall within the period of seven days, after the Bill is presented to him, cause to be referred to a referendum the question whether the Bill should or should not be assented to. (1B) A referendum under this article shall be conducted by the Election Commission, within such period and in such manner as may be provided by law, amongst the person enrolled on the electoral roll prepared for the purpose of election to [Parliament]. (1C) On the day on which the result of the referendum conducted in relation to a Bill under this article is declared, the President shal be deemed to have- (a) assented to the Bill, if the majority of the total votes cast are in favour of the Bill being assented to; or (b) Withheld assent therefrom, if the majority of the total votes cast are not in favour of the Bill being assented to.] 1D) Nothing in clause (1C) shall be deemed to be an expression of confidence or no-confidence in the Cabinet or Parliament] (2) Nothing in article 26 shall apply to any amendment made under this article.]"
Source:	The Constitution of the People's Republic of Bangladesh, Art. 142; the Referendum Act No. 25 of 1991 "Direct Democracy: The International IDEA Handbook" (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verified:	2012/05/30

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DD004

Optional referendums (national level)

Question:	Are there any Legal Provisions for Optional Referendums at the national level?
Answer:	d. Not applicable
Comments:
Source:	"Direct Democracy: The International IDEA Handbook" (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verified:	2009/08/21

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DD005

Citizens' Initiatives (national level)

Question:	Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:	d. Not applicable
Comments:
Source:	"Direct Democracy: The International IDEA Handbook" (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verified:	2012/05/30

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DD006

Agenda Initiatives (national level)

Question:	Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:	d. Not applicable
Comments:
Source:	"Direct Democracy: The International IDEA Handbook" (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verified:	2012/05/30

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DD007

Question:	Are there any Legal Provisions for Recalls at national level?
Answer:	d. Not applicable
Comments:
Source:	"Direct Democracy: The International IDEA Handbook" (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verified:	2012/05/30

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DD129

Question:	Are the results of referenda always binding, never binding or sometimes binding?
Answer:	a. Always binding
Comments:	When the President is presented with a bill for assent, it must be signed into law within 7 days or it automatically becomes law without his assent. The same applies to referendums conducted for constitutional amendments.
Source:	The Constitution of the People's Republic of Bangladesh, article 142 "Direct Democracy: The International IDEA Handbook" (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verified:	2012/05/30

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DD130

Question:	Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:	c. Both constitutional and other issues
Comments:
Source:	"Direct Democracy: The International IDEA Handbook" (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verified:	2012/05/30

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DD131

Question:	Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:	d. Not applicable
Comments:
Source:	"Direct Democracy: The International IDEA Handbook" (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verified:	2012/05/30

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