Protection of home and correspondence.

43 (a) to be secured in his home against entry, search and seizure; and 43 (b) to the privacy of his correspondence and other means of communication.

44 (1) The right to move the **High Court Division in accordance with ***clause (1) of article 102, for the enforcement of the rights conferred by this Part is guaranteed.
- Enforcement of fundamental rights *
44 (2) Without prejudice to the powers of the **High Court Division under article 102, Parliament may by law empower any other court, within the local limits of its jurisdiction, to exercise all or any of those powers.

45 Nothing in this Part shall apply to any provision of a disciplinary law relating to members of disciplined force, being a provision limited to the purpose of ensuring the proper discharge of their duties or the maintenance of discipline in that force. Modification of rights in respect of disciplinary law.

46 Notwithstanding anything in the foregoing provisions of this part, Parliament may by law make provision for indemnifying any person in the service of the Republic or any other person in respect of any act done by him in connection with the national liberation struggle or the maintenance or restoration or order in any area in Bangladesh or validate any sentence passed, punishment inflicted, forfeiture ordered, or other act done in any such area. Power to provide indemnity.
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* Article 44 was substituted for the former article 44 by the Second Proclamation (Seventh Amendment) Order, 1976 (Second Proclamation Order No. IV of 1976) {m.e.l. 13-8-76)

** The words "High Court Division" were substituted for the words "High Court" by the Second Proclamation (Tenth Amendment) Order, 1977 (Second Proclamation Order No. 1 of 1977) (w.e.l. 1-12-1977)

*** The word, brackets and figure "clause (1)" were substituted for the word, brackets and figure "clause (2)", ffc'd

47 (1) No law providing for any of the following matters shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges, any of the rights guaranteed by this Part-
47 (1a) the compulsory acquisition, nationalization or requisition of any property, or the control of management thereof whether temporarily or permanently;
47 (1b) the compulsory amalgamation of bodies carrying on commercial or other undertakings;
47 (1c) the extinction, modification, restriction or regulation of rights of directors, managers, agents and officers of any such bodies, or of the voting rights of persons owning shares or stock (in whatever form) therein;
47 (1d) the extinction, modification, restriction or regulation of rights to search for or win minerals or mineral oil;
47 (1e) the carrying on by the Government or by a corporation owned, controlled or managed by the Government, of any trade, business, industry or service to the exclusion, complete or partial, of other persons ; or
47 (1f) the extinction, modification, restriction or regulation of any right to property, any right in respect of profession, occupation, trade or business- or the rights of employers or employees in any statutory public authority or in any commercial or industrial undertaking ;

If Parliament in such law (including, in the case of existing law, by amendment) expressly declares that such provision is made to give effect to any of the fundamental principles of state policy set out in Part II of this Constitution. Saving for certain laws

47 (2) Notwithstanding anything contained in this Constitution the laws specified in the First Schedule (including any amendment of any such law) shall continue to have full force and effect, and no provision of any such law, nor anything done or omitted to be done under the authority of such law, shall be deemed void or unlawful on the ground of inconsistency with, or repugnance to, any provision of this Constitution :

Provided that nothing in this article shall prevent amendment, modification or repeal of any such law. *

47 (3) Notwithstanding anything contained in this Constitution, no law nor any provision thereof providing for detention, prosecution or punishment of any person, who is a member of any armed or defense or auxiliary forces or who is a prisoner of war, for genocide, crimes against humanity or war crimes and other crimes under international law shall be deemed void or unlawful, or ever to have become void or unlawful, on the ground that such law or provision of any such law is inconsistent with, or repugnant to, any of the provisions of this Constitution. **
47A (1) The rights guaranteed under article 31, clauses (1) and (3) of article 35 and article 44 shall not apply to any person to whom a law specified in clause (3) of article 47 applies. *** Inapplicability of certain articles
47A (2) Notwithstanding anything contained in this Constitution, no person to whom a law specified in clause (3) of article 47 applies shall have the right to move the Supreme Court for any of the remedies under this Constitution.

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* The proviso was substituted for the original proviso by the Proclamations (Amendment) Order, 1977 (Proclamations Order No. 1 of 1977).

** Clause (3) was added by the Constitution (First Amendment) Act, 1973 (Act XV of 1973),

*** Article 47A was inserted, ibid., s. 3.

Related Link:
Democracy and human rights.