ECON 105: State and Politics

Constitution of Bangladesh and Constitutional Amendments

What is the Constitution? Discuss the principles underlying the Bangladesh

constitution.

What are Constitutional Amendments? Discuss the Constitutional Amendments of the

Bangladesh Constitution.

Constitution of Bangladesh and Constitutional Amendments in Bangladesh

Discuss the main features of the Bangladesh Constitution.

What are constitutional amendments, and could you provide an overview of the

amendments that have been made to the Constitution of Bangladesh throughout its

history?

Introduction

The Constituent Assembly adopted the Constitution of the People’s Republic of Bangladesh

on 4 November 1972 and came into force on 16 December of the same year, marking Victory

Day. The Constitution has 153 Articles arranged under eleven parts and 4 schedules entitled

the Republic, Fundamental Principles of State Policy, Fundamental Rights, the Executive,

Prime Minister and the Cabinet, the Legislature, Legislative and Financial Procedure,

Ordinance Making Power, Judiciary, Elections, Comptroller and Auditor General, Services of

Bangladesh, Public Service Commission, Emergency Provisions, Amendment of the

Constitution, and Miscellaneous.

The Constitution has declared Bangladesh a Republic committed to the principles of

democracy and human rights; rule of law; freedom of movement, assembly and association;

freedom of religion and international peace and harmony. Since 1972, the Constitution has

undergone seventeen amendments and changes, some by way of constitutional amendments

and some under Martial Law Proclamation Orders. The form of government has also

undergone changes quite a number of times.

Bangladesh began its constitutional journey with an ad hoc Constitution under the

Proclamation of Independence Order (10 April 1971) investing the president (of the

mujibnagar government) with all executive and legislative authority and the power to appoint

a prime minister. This proclamation order was replaced by the Provisional Constitution of

Bangladesh Order, 1972 which declared the members elected to the National Assembly and

Provincial Assemblies of Pakistan in the elections held in December 1970 and March 1971 as

the Constituent Assembly of the Republic. The Order changed the form of government to a

parliamentary system with a cabinet of ministers headed by the Prime Minister.

The Constitution was fundamentally amended in January 1975. Under the Constitution

(Fourth Amendment) Bill 1975, the parliamentary system was abandoned and the presidential

system was introduced. From 15 August 1975 to 9 April 1979, there were several rounds of

martial laws interspersed with civil governments. The governments, civil or military, during

the period had neither abrogated the Constitution nor observed it fully. Every regime ruled

partly by decrees, partly by the Constitution. All the constitutional anomalies were

regularised and confirmed under the Constitution (Fifth Amendment) Act, 1979. Under this

amendment all Proclamations, Martial Law Regulations, Martial Law Orders and other laws

and tribunals made during the period from 15 August 1975 to 9 April 1979 were ratified and

confirmed. The subsequent Martial Law Proclamation, Chief Martial Law Administrator’s

Orders, Martial Law Regulations and Ordinances were confirmed and ratified by the

Constitution (Seventh Amendment) Act, 1986. The multi-party presidential form of

government had continued down to 1991 when the Constitution was again amended in favour

of a parliamentary system of government.

  The Constitution is a fundamental document that outlines the basic principles, laws,

and structures of a country's government.

 It outlines the individual rights and freedoms, as well as the methods for governance,

including election procedures and the functions of the several departments of

government.

 The constitution of Bangladesh has the supreme power over all legislation in

Bangladesh.

 It was passed by Bangladesh's Assembly on November 4, 1972, and went into effect

on December 16, 1972.

 The goal of the Constitution is to establish a socialist society where all people have

access to the rule of law, fundamental human rights, freedom, and political, economic,

and social justice.

Constitution of Bangladesh

Bangladesh began its constitutional journey on April 10, 1971, with the Proclamation of

Independence Order.

The Constituent Assembly adopted the Constitution of the People’s Republic of Bangladesh

on 4 November 1972 and came into force on 16 December of the same year, marking Victory

Day.

It has 153 Articles arranged under eleven parts and 4 schedules.

Since 1972, the Constitution has undergone seventeen amendments and changes.

Structure of the Constitution

The Constitution of Bangladesh is divided into 11 parts, and subdivided into 153 articles. It

has 4 schedules.

The Republic (Part I);

Fundamental principles of state policy (Part II);

Fundamental rights (Part III) which include articles on Laws inconsistent with fundamental

rights to be void;

The Executive (Part IV) which includes The President, The Prime Minister and the Cabinet,

Non-Party Caretaker Government, Local Government, The Defence Services, The Attorney

General;

The Legislature (Part V) which includes Parliament, Legislative and financial procedures,

Ordinance Making Power.

The Judiciray (Part VI); The National Party (Part VIA);

Elections (Part VII);

The comptroller and auditor-general (Part VIII);

The services of Bangladesh (Part IX) which includes services, public service commissions;

Emergency provisions Amendment of the constitution (Part X);

Miscellaneous (Part XI)

Principles of Bangladesh Constitution

Fundamental Principles of Bangladesh Constitution

Part II of the Constitution narrates the fundamental principle of state policy.

The fundamental principles shall be nationalism, democracy, socialism (i.e., economic and

social justice), and complete confidence and faith in the Almighty Allah, along with the

principles derived from them as stated in this section.

The constitution's first part outlines the characteristics of the nation, its official religion, and

other matters of national concern. According to it, the Peoples' Republic of Bangladesh is a

unitary republic. The state religion is Islam, but all other religions can be practised in peace

and harmony. The state language is Bangla.

The people own all authority, and the Constitution, as the country's highest law, will take

precedence over all other laws and rules.

There are four fundamental principles of the Constitution of Bangladesh. These are

nationalism, socialism, democracy and secularism.

Constitutional amendments in Bangladesh

Amendments are crucial in any constitution, enabling necessary fixes and adapting to societal

changes over time. They ensure the constitution stays relevant and evolves with the progress

of society.

The Constitution of Bangladesh came into operation on 16 December 1972, and has been

observed to be ‘truly a democratic Constitution.

Article 142 of the Constitution conferred power on Parliament to amend the Constitution

through a two-third majority in Parliament.To date, there are seventeenth amendments made

to the Bangladesh Constitution. Of these, the most important are the Fourth, Fifth, Eighth,

Twelfth, Thirteenth and Fifteenth.The Constitution of Bangladesh came into operation on 16

December 1972, and has been observed to be ‘truly a democratic Constitution.

Article 142 of the Constitution conferred power on Parliament to amend the Constitution

through a two-third majority in Parliament.

Amendments are crucial in any constitution, enabling necessary fixes and adapting to societal

changes over time. They ensure the constitution stays relevant and evolves with the progress

of society.
To date, there are seventeenth amendments made to the Bangladesh Constitution. Of these,

the most important are the Fourth, Fifth, Eighth, Twelfth, Thirteenth and Fifteenth.

F i r s t A m e n d m e n t Ac t : A r t i c l e 4 7

The Constitution of Bangladesh has been amended multiple times since its adoption in 1972.

The Constitution (First Amendment) Act 1973 was passed on 15 July 1973.

It added a new clause to Article 47 of the Constitution that allows for the prosecution and

punishment of anybody convicted of "genocide, crimes against humanity, war crimes, or

other crimes under international law."

Following Article 47, it included a new Article 47A outlining the applicability of certain

fundamental rights in specific instances.

S e c o n d a n d T h i rd A m e n d m e n t Ac t

The Second Amendment Act was passed on 22 September 1973.

This Act resulted in the (i) amendment of Articles 26, 63, 72 and 142 of the

Constitution; (ii) substitution of Article 33 and (iii) the insertion of a new part ie

IXA in the Constitution. Provisions were made through this amendment for the

suspension of some fundamental rights of citizens in an emergency.

Third Amendment Act was enacted on 28 November 1974 by bringing in

changes in Article 2 of the Constitution to give effect to an agreement between

Bangladesh and India in respect of the exchange of certain enclaves and fixation

of boundary lines between India and Bangladesh.

Fo u r t h A m e n d m e n t Ac t
The Fourth Amendment enacted on January 25, 1975, was a significant and

controversial amendment that brought about substantial changes to the country's

constitutional framework. After the independence of Bangladesh, it started a

parliamentary form of democracy, but after the 4th amendment of the

constitution it's stopped and introduced one-party political system (BAKSAL)

with an "all powers fall head of the state is that means to the President" in early

1975.

The judiciary lost its absolute independence. According to Article 95, the

appointment procedure of the Apex court, the chief justice would be appointed

by the president and the other judges would be appointed after the consultation

with the chief justice. But in 4th Amendment Act-the word consultation with

chief justice was deleted.

This amendment introduced major alterations:

Shift from Parliamentary to Presidential System

Parliamentary Powers Curtailed

Impact on Judicial Independence

Term Extension for the First Parliament

Alterations to Articles

 The Fourth Amendment to the Constitution, which replaced the

parliamentary form of government with a presidential form, established a

 one party system, and curtailed the powers of the Jatiyo Sangsad

(National Parliament),the Judiciary lost much of its independence

 It amended, substituted, or entirely removed various articles, including

Articles 11, 66, 67, 72, 74, 76, 80, 88, 95, 98, 109, 116, 117, 119, 122,

123, 141A, 147, and 148. Additionally, it substituted Articles 44, 70, 102,

115, and 124, and it altered the Third and Fourth Schedules.

F i f t h A m e n d m e n t Ac t

The Parliament passed this Amendment Act on April 6, 1979.

After the murder of Sheikh Mujib and his family in 1975, Bangladesh entered

into fifteen years of autocratic rule.

During this time, President Zia used Parliament to pass the Fifth Amendment to

the Constitution, which legitimized all the actions of the martial law authority

between 1975 and 1979.

This Act added a new paragraph 18 to the Fourth Schedule to the Constitution,

which stated that all amendments, additions, modifications, substitutions, and

omissions made in the constitution between 15 August 1975 and 9 April 1979

(both days inclusive) by any Proclamation or Proclamation Order of the Martial

Law Authorities were validly made and would not be called into question in or

before any court, tribunal, or authority on any grounds.

The Fifth Amendment also deleted secularism as one of the basic principles of

state and inserted the words ‘Bismillah-ar-Rahman-Ur-Rahim’ (‘In the name of

God, the Most Gracious, the Most Merciful’) into the preamble.
 Later on during President Ershad the Seventh Amendment was made to

legitimize his regime. The Eighth Amendment declared Islam the state religion;

the Twelfth Amendment repealed the Fourth and returned Bangladesh to the

original parliamentary form of government.

In 2000, through a writ petition(writ petition no-6016 of 2000) the validity of

martial law was challenged10. In 2005,by a division bench of the HCD declared

that the 5th amendment was illegal and unconstitutional.

S eve n t h A m e n d m e n t Ac t

Seventh Amendment Act was passed on 11 November 1986.

It amended Article 96 of the Constitution; it also amended the Fourth Schedule

to the Constitution by inserting a new paragraph 19 thereto, providing among

others that all proclamations, proclamation orders, Chief Martial Law

Administrator’s Orders, Martial Law Regulations, Martial Law Orders, Martial

Law Instructions, ordinances and other laws made during the period between 24

March 1982 and 11 November 1986 (both days inclusive) had been validly

made, and would not be called in question in or before any court or tribunal or

authority on any ground whatsoever.

E i gh t h A m e n d m e n t Ac t

The Eighth Amendment Act was passed on 7 June 1988.

It amended Articles 2, 3, 5, 30 and 100 of the Constitution.

This Amendment Act

(i) declared Islam as the state religion;

 (ii) decentralised the judiciary by setting up six permanent benches of the

High Court Division outside Dhaka;

(iii) amended the word ‘Bengali’ into ‘Bangla’ and ‘Dacca’ into ‘Dhaka’

in Article 5 of the Constitution;

(iv) amended Article 30 of the constitution by prohibiting acceptance of

any title, honours, award or decoration from any foreign state by any citizen of

Bangladesh without the prior approval of the President.

N i n e t h A m e n d m e n t Ac t

Ninth Amendment Act The Constitution (Ninth Amendment) Act 1989 was

passed in July 1989.

This amendment provided for the direct election of the Vice President; it

restricted a person in holding the office of the President for two consecutive

terms of five years each; it also provided that a Vice-President might be

appointed in case of a vacancy, but the appointment must be approved by the

Parliament.

Tenth Amendment Act The Tenth Amendment Act was enacted on 12 June

1990. It amended, among others, Article 65 of the Constitution, providing for

reservation of thirty seats for the next 10 years in the Parliament exclusively for

women members, to be elected by the members of the Parliament.

E l eve n t h A m e n d m e n t Ac t

Eleventh Amendment Act This Act was passed on 6 August 1991.

It added a new paragraph 21 to the Fourth Schedule to the Constitution, which

legalised the appointment and oath of Shahabuddin Ahmed, Chief Justice of

Bangladesh, as Vice President of the Republic, as well as the resignation

tendered to him on December 6, 1990, by then President Hussain M Ershad.

This Act ratified, confirmed, and validated all powers exercised, all laws and

ordinances promulgated, all orders made and acts and things done, and actions

and proceedings taken by the Vice President as acting President between 6

December 1990 and the day (9 October 1991) of the new President Abdur

Rahman Biswas taking over the office of President.

Twe l f t h A m e n d m e n t Ac t

The Twelfth Amendment Act, passed on August 6, 1991, marked a pivotal

moment in Bangladesh's constitutional development. It reinstated the

parliamentary system, making the President the ceremonial head of state and the

Prime Minister the executive leader.

The amendment also made the cabinet accountable to Parliament, abolished the

Vice President position, and mandated the President's election by Parliament

members. Additionally, it ensured the involvement of elected representatives in

local government bodies, strengthening the country's democratic foundation.

Under the Constitution (Twelfth Amendment) Act, 1991, the Prime Minister

became the executive head, and the President the constitutional head. The

executive power of the Republic, according to the twelfth amendment, shall be

exercised by the Prime Minister, and his/her cabinet shall be collectively

responsible to the Parliament. However, all executive actions of the government

shall be expressed to be taken in the name of the President, though the

presidency is vested with practically no executive power. Theoretically, the

President has the power to appoint the Prime Minister and the Chief Justice. But

such power is formal and symbolic. The President, like the Crown of Britain,

holds dignity and grace, not power. A very significant amendment to the

Constitution is the Constitution (Thirteenth Amendment) Act, 1996 which

provided for a Non-Party caretaker government which shall work during the

period from the date on which the Chief Adviser enters office after Parliament

is dissolved till the date on which a new Prime Minister enters upon his or her

office.

T h i r te e n t h A m e n d m e n t Ac t

The Thirteenth Amendment Act, passed on March 26, 1996, established a non-

party Caretaker Government. This interim body, led by a Chief Adviser and up

to 10 other advisers, was tasked with aiding the Election Commission in

conducting parliamentary elections fairly and impartially.

The caretaker government was collectively accountable to the President and

dissolved upon the Prime Minister assuming office after the formation of the

new Parliament.

Fo u r te e n t h A m e n d m e n t Ac t
The Fourteenth Amendment Act, passed on May 16, 2004, introduced several

provisions, including the temporary increase in reserved parliamentary seats for

women from 30 to 45 for a decade.

It also raised the retirement age of Supreme Court judges from 65 to 67 years.

Additionally, the act made it mandatory to display portraits of the President and

the Prime Minister in their respective offices, and the Prime Minister's portrait

in various government, semi-government, autonomous offices, and diplomatic

missions abroad.

F i f te e n t h A m e n d m e n t Ac t

In the 15th amendment of the constitution of Bangladesh there are revolutionary

changed in the constitution. This amendment abolished the Caretaker

government system abolished and Elections to be held under incumbent cabinet.

The Fifteenth Amendment Act of 2011 reinstated secularism and freedom of

religion in the Constitution while adding nationalism, socialism, democracy,

and secularism as fundamental state principles.

It also recognized Sheikh Mujibur Rahman, a hero of the Liberation War, as the

Father of the Nation.

The Non-Party Caretaker Government, which is headed by a Chief Advisor, is

collectively responsible to the President. Under the Constitution (Fifteenth

Amendment) Act 2011, the provision for Caretaker Government has been

removed.
This amendment eliminated the Caretaker Government system, increased

reserved seats for women to 50, and inserted Articles 7(a) and 7(b) to prevent

unconstitutional takeovers of power.

Islam as State religion and ‘Bismillah-Ar-Rahman-Ar-Rahim’ retained above

the preamble. But Removal of 'Absolute Faith and Trust in Allah' from the

constitution. and Revival of Article 12 to restore Secularism and freedom of

religion though the State religion is "ISLAM" and Bismillah-Ar-Rahman-

ArRahim’ retained in the Preamble.

It denies recognizing the indigenous people, will be termed as tribal and ethnic

minorities.

The people of Bangladesh shall be known as "Bengalese" as a nation and

citizens of Bangladesh shall be known as "Bangladeshis".

Inserted articles 7A and 7B in the Constitution after Article 7 in a bid to end

take-over of power through extra-constitutional means and highest level of

punishment would be awarded for those power capturers by extra- constitutional

means. In the case of a dissolution Parliament by any reason, election should be

held within 90 days of such dissolution. Increasing the number of women

reserve seats to 50 from existing 45.

S i x te e n t h a n d S eve n te e n t h A m e n d m e n t Ac t

Sixteenth Amendment, it shifted the process of impeaching Higher Court

Judges from the Supreme Judicial Council to Parliament, but this was later

nullified by the Higher Court due to public litigation.

The Seventeenth Amendment extended the tenure of reserved seats for women

to 25 years, passed in Parliament on July 8, 2018.

 ECON 105: State and Politics
Topics: Fourth Constitutional Amendment in Bangladesh

Questions:

 What is the Fourth Amendment to the Constitution of Bangladesh?

 What were the major changes introduced by the Fourth Amendment Act in the
political system of Bangladesh?
 Which articles of the Constitution were amended or substituted by the Fourth
Amendment Act of 1975?
 What is the significance of the introduction of a new part (Part VIA) in the
Constitution through the Fourth Amendment Act?

Introduction

The Constitution of Bangladesh is the highest ruling of Bangladesh.

It represents Bangladesh as a democratic republic nation where all the power is in the hands

of Bangladeshi people Amendments to the Bangladesh Constitution.

It was approved by the Assembly of Bangladesh on November 4, 1972; it was exercised from

December 16, 1972. The constitution stands as the most powerful evidence to state

Bangladesh is a unitary, independent Republic. The character of the Constitution underwent

significant changes and leading to a substantial alteration of its democratic nature. The

Constitution of the People’s Republic of Bangladesh is been amended 17 times.

During the violent uprising of leftist parties and the adverse effects of the 1974 famine, an

atmosphere of anarchy prevailed throughout the country. On 28 December 1974, the

government announced the first ever state of emergency in the history of Bangladesh. Later

it amended the Constitution through Fourth Amendment to control the immense political and

economic crises in the country. The Constitution Fourth Amendment Act 1975 was passed in
1975 January 25. Though they declared this act was for the short term only" it created a deep

negative impact on the leadership of Sheikh Mujibur Rahman and his party.

Fourth Constitutional Amendment in Bangladesh

The Constitution (Fourth Amendment) Act of 1975, enacted on January 25, 1975, brought

about significant changes to the constitutional framework.

Major fundamental changes were brought into the Constitution by this amendment. These

were:

 Presidential form of government: The key alterations included the replacement of

the parliamentary system with a presidential form of government. The Presidential

form of government was introduced in place of the parliamentary system. The

presidential form of government is not undemocratic at all. It is the most common and

popular form of government. But the way 4 th amendment introduced presidential form

of government was not truly presidential.

The fundamental character of the government was changed, it was essential to hold an

election of referendum so that people could give mandate to the president and

parliament.

 One-party system: A one-party system instead of a multi-party system was the main

important part of this amendment. A new Part (Part VIA) with a new Article was

established for this purpose. Under this new arrangement, the creation of the National

Party was left to the subjective satisfaction of the President. the President could direct

that there be only one political party in the State.

Once the President issued an order for one party under Article 117A -1 all political

parties in the State would be dissolved, and the President would take necessary steps

for the formation of the National Party.

 Following the provisions of Article 117, the President declared the formation of a new

National Party for the country named BAKSAL" on February 24, 1975.

Consequently, all existing political parties were instantly dissolved, and Bangladesh

transformed into a one-party state.

 the authority of the Parliament were shortened: The powers of the Jatiya Sangsad

(Parliament) were significantly restricted by the Fourth Amendment. The President

gained the authority to withhold his assent to any bill passed by Parliament, holding

an absolute veto. The Fourth Amendment stipulated that there must be at least two

sessions of Parliament each year (Article 70). Article 70 of the Constitution provided

for Parliament to appoint certain standing committees at the first meeting of each

session. However, the Fourth Amendment eliminated the provision stating, "at the

first meeting of each session," which could potentially impact the effectiveness of

parliamentary committees.

It curtailed the powers of Parliament, giving the President significant legislative

authority, restricting the frequency and effectiveness of parliamentary sessions, and

altering the procedure for appointing standing committees.

Article 70 of the Constitution dictates that a Member of Parliament's seat must be

vacated for two reasons: 1) if the member resigns from the party that nominated them

as a candidate, or 2) if the member votes in parliament against that party. The Fourth

Amendment introduced an explanation for the term "voting in Parliament against the

party." It specified that even abstaining from a parliamentary session or refraining

from voting contrary to the party's directive would be considered as voting against the

party.

 Judiciary: the Judiciary lost much of its liberty; the Supreme Court was

underprivileged of its command over the protection and enforcement of basic rights.
 The judiciary experienced a significant loss of independence, primarily attributed to

changes in the appointment procedure, security of tenure, and the conditions of

remuneration and privileges. Regarding the appointment procedure for the apex court,

the Constitution initially mandated the appointment of the Chief Justice by the

President and other judges after consulting with the Chief Justice (Article 95).

However, the Fourth Amendment removed the requirement for consultation with the

Chief Justice, seemingly allowing appointments based on political considerations

rather than merit and competence.

Concerning the security of tenure, the original Constitution specified that a judge

could only be removed by Parliament through a resolution supported by a two-thirds

majority on grounds of proven misbehavior or incapacity (Article 96). The Fourth

Amendment eliminated this provision and instead granted the President the authority

to remove a judge, including the Chief Justice, through a simple order on the grounds

of misbehavior. This change allowed the President to remove a judge based on their

desire without the need for proving misbehavior or incapacity.

As a result, the President became the sole authority for both appointing and removing

judges, compromising the judiciary's independence.

 This Act (i) amended Articles 11, 66, 67, 72, 74, 76, 80, 88, 95, 98, 109, 116, 117,

119, 122, 123, 141A, 147 and 148 of the Constitution; (ii) was alternated by Articles

44, 70, 102, 115 and 124 of the Constitution; (iii) amended Part III of the Constitution

out of existence; (iv) altered the Third and Fourth Schedule; (v) absolute the term of

the first Jatiya Sangsad; (vi) ended unique supplies relating to the office of the

President and its serving; (vii) inserted a new part, i.e. part VIA in the Constitution

and (viii) inserted Articles 73A and 116A in the Constitution.

 The Fourth Amendment Act made amendments to various articles of the Constitution,

including 11, 66, 67, 72, 74, 76, 80, 88, 95, 98, 109, 116, 117, 119, 122, 123, 141A, 147, and

148. Additionally, it substituted Articles 44, 70, 102, 115, and 124, eliminated part III of the

Constitution, modified the Third and Fourth Schedules, extended the term of the first

Parliament, introduced special provisions regarding the office of the President and its

incumbent, inserted a new part (Part VIA) into the Constitution, and added articles 73A and

116A to the Constitution.

The Fourth Amendment of 1975 marked a significant shift in the governmental structure of

the country. It replaced the parliamentary system with a presidential system and transitioned

from a multi-party democratic system to a one-party system.

Right to enforce fundamental rights was taken away from the Supreme Court through

changes in art 44.

Amendment to art 95 vested the President with the exclusive authority to appoint the Chief

Justice and other judges in the Supreme Court.

Additionally, amendments to art 96 allowed for the removal of judges based on misbehavior

or incapacity by presidential order.

Furthermore, the President's authority over the control and discipline of subordinate court

judges was solidified through an amendment in art 116. The introduction of a new provision,

art 116A, emphasized the independence of subordinate court judges and magistrates in the

exercise of their judicial functions.

4th Amendment (1975): Presidential system of government was introduced in place of

parliamentary system, and one-party system was made to replace multi-party democratic
system. Right to enforce fundamental rights was taken away from the Supreme Court through

changes in art 44.

Article 116A of the Bangladesh Constitution

Control and discipline of subordinate courts1[116. The control (including the power of

posting, promotion and grant of leave) and discipline of persons employed in the judicial

service and magistrates exercising judicial functions shall vest in the President and shall be

exercised by him in consultation with the Supreme Court.]

Article 73 of the Bangladesh Constitution

73A. (1) Every Minister shall have the right to speak in, and otherwise to take part in the

proceedings of, Parliament, but shall not be entitled to vote 2[or to speak on any matter not

related to his Ministry] unless he is a member of Parliament also.