| Parliament name (generic / translated) |
Jatiya Sangsad / Parliament |
| Structure of parliament |
Unicameral |
| NATURE |
| Nature of the mandate |
· Free representation |
| Start of the mandate |
· When the MPs take the oath (Art. 148 (1) and (3) of the Constitution of 26.03.1971, as amended up to and including 1996, Rule 5 of the Rules of Procedure of Parliament, No. 5 of the Third Schedule to the Constitution; see also Art. 69 and 148 (2) of the Constitution) |
| Validation of mandates |
· Validation by the High Court Division of the Supreme Court only in case of challenge by election petitions (Art. 102 (2) (b) (ii), and 125 (b) of the Constitution, see also Art. 69 of the Constitution and Loss of mandate for disqualification)
· Procedure (Art. 49 to 72 of the Representation of the People Order)
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| End of the mandate |
· On the day when the legal term of the House ends - or on the day of early dissolution (Art. 67 (1) (c) and 72 (3) of the Constitution) |
| Can MPs resign? |
Yes |
· Yes, of their own free will (Art. 67 (2) of the Constitution, Rules 177 (1) and 178 (3) and (4) of the Rules of Procedure of Parliament)
· Procedure (Art. 67 (2) of the Constitution, Rules 177 and 178 (3) and (4) of the Rules of Procedure of Parliament)
· Authority competent to accept the resignation: the resignation need not be accepted
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| Can MPs lose their mandate ? |
Yes |
(a) Failure to make the oath (Art. 67 (1) (a) and 69 of the Constitution, Rule 178 (3) and (4) of the Rules of Procedure of Parliament; see also Start of the mandate)
(b) Loss of mandate for absence at plenary sittings (Art. 67 (1) (b) of the Constitution, Rule 178 (3) and (4) of the Rules of Procedure of Parliament)
(c) Loss of mandate for disqualification (Art. 67 (1) (d) in connection with Art. 66 (2) to (5) of the Constitution, Art. 69 of the Constitution, Rule 178 (1), (2), and (4) of the Rules of Procedure of Parliament)
(d) Resignation from party or "voting in Parliament against that party" (Art. 66 (4) and (5), 67 (1) (e), and 70 of the Constitution, Rule 178 (1), (2), and (4) of the Rules of Procedure of Parliament)
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| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The Speaker
2. The Deputy Speaker
3. The Leader of the House
4. The Deputy Leader of the House
5. The Leader of the Opposition
6. The Deputy Leader of the Opposition
7. The Chief Whip
8. The Whips
9. The other MPs
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| Indemnities, facilities and services |
· Diplomatic passport
· Basic salary (Art. 68 of the Constitution): BDT 6,000 per month
+ Additional allowance: BDT 8,200 per month
· Exemption from tax
· No pension scheme
· Other facilities:
(a) Secretariat (Art. 79 of the Constitution)
(b) Official housing: accommodation in the MPs' Hostel
(c) Postal and telephone services
(d) Travel and transport: Free travel pass; or Travel Allowance: BDT 30,000 per annum
(h) Others: procurement of a car without duty
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| Obligation to declare personal assets |
No |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 78 (3) of the Constitution).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: offence or insult (Rule 270 (ii), (v), (vi), (vii), and (ix), and 271 of the Rules of Procedure of Parliament, see Discipline)
· Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate.
|
| Parliamentary immunity - parliamentary inviolability |
· The concept does not exist but see Rules 172, 173, and 176 of the Rules of Procedure of Parliament, and Schedule III to the Rules (intimation to Speaker of arrest, detention, or release of an MP), and Rules 174 and 175 of the Rules of Procedure of Parliament (no arrest or service of legal process within the precincts of the House). See also Art. 66 (2) (d) of the Constitution (disqualification for conviction for certain criminal offences) and Loss of mandate for disqualification.
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· Parliament cannot suspend the prosecution and/or detention of one of its members.
· In the event of preventive custody or imprisonment, the MPs concerned can be authorised to attend sittings of Parliament (no prescribed Rule but precedent).
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| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs. It consists of orientation courses for MPs.
· It is provided by parliamentary groups, political parties, and the Parliament Secretariat in collaboration with CPA.
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| Participation in the work of the Parliament |
· It is not compulsory for MPs to be present at plenary sittings or committee meetings (for leave of absence from plenary sittings and attendance register, see Rules 179 and 180 of the Rules of Procedure of Parliament).
· Penalties foreseen in case of failure to attend:
- Plenary sittings: loss of mandate (Art. 67 (1) (b) of the Constitution, Rule 178 (3) and (4) of the Rules of Procedure of Parliament)
- Committee meetings: discharge from the Committee (Rule 193 of the Rules of Procedure of Parliament)
· Body competent to judge such cases/to impose penalties:
- Plenary sittings:
- Committee meetings: the House
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| Discipline |
· The rules governing discipline within Parliament are contained in Rules 14 (3), (5), and (6), 15 to 17, 270 (ii), (v), (vi), (vii), and (ix), 271, 273, and 303 of the Rules of Procedure of Parliament.
· Disciplinary measures foreseen:
- Warning for irrelevance, direction to discontinue the speech (Rule 273 of the Rules of Procedure of Parliament)
- Order to withdraw (Rule 15 of the Rules of Procedure of Parliament)
- Naming and suspension (Rule 16 of the Rules of Procedure of Parliament)
- Suspension of the sitting (Rule 17 of the Rules of Procedure of Parliament)
· Specific cases:
- Offence or insult (Rule 270 (ii), (v), (vi), (vii), and (ix), and 271 of the Rules of Procedure of Parliament): order to withdraw, naming and suspension
· Competent body to judge such cases (Rules 14 (3), and 303 of the Rules of Procedure of Parliament):
- Warning for irrelevance, direction to discontinue the speech, order to withdraw, naming, suspension of the sitting, offence or insult: the Speaker
- Suspension, offence or insult: the House
The Speaker enforces the penalties (Rules 14 (5), and (6), and 303 of the Rules of Procedure of Parliament).
· Procedure:
- Warning for irrelevance, direction to discontinue the speech (Rule 273 of the Rules of Procedure of Parliament)
- Order to withdraw, offence or insult (Rule 15 of the Rules of Procedure of Parliament)
- Naming and suspension, offence or insult (Rule 16 of the Rules of Procedure of Parliament)
- Suspension of the sitting (Rule 17 of the Rules of Procedure of Parliament)
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| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 67 (1) (d) in connection with Art. 66 (2) (dd), (4) and (5) of the Constitution, Art. 69 of the Constitution, and Rule 178 (1), (2), and (4) of the Rules of Procedure of Parliament).
· Penalties foreseen for violation of the rules of conduct:
- Loss of mandate (Art. 67 (1) (d) in connection with Art. 66 (2) (dd) of the Constitution; incompatibilities)
- Penalty of BDT 1,000 for each day on which the MP sits or votes (Art. 69 of the Constitution; incompatibilities)
· Competent body to judge such cases/to impose penalties:
- Loss of mandate: the Election Commission
- Penalty:
· Procedure (Art. 66 (4) and (5), and Art. 69 of the Constitution, Rule 178 (1), (2), and (4) of the Rules of Procedure of Parliament). In this case, MPs have no means of recourse.
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| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
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