𝗗𝘂𝗮𝗹 𝗡𝗮𝘁𝗶𝗼𝗻𝗮𝗹𝗶𝘁𝘆 𝗮𝗻𝗱 𝗣𝗮𝗿𝗹𝗶𝗮𝗺𝗲𝗻𝘁𝗮𝗿𝘆 𝗘𝗹𝗶𝗴𝗶𝗯𝗶𝗹𝗶𝘁𝘆 𝗶𝗻 𝗕𝗮𝗻𝗴𝗹𝗮𝗱𝗲𝘀𝗵 : Constitutional Meaning, Statutory Limits, and Judicial Enforcement

ᴍᴏᴋᴀʀʀᴀᴍᴜꜱ ꜱʜᴀᴋʟᴀɴ :The question of dual nationality in parliamentary elections in Bangladesh engages the deepest constitutional values of sovereignty, allegiance, and democratic integrity. The legal framework, comprising the Constitution of Bangladesh and the Citizenship Act of 1951, adopts a deliberately restrictive approach, permitting parliamentary service only for those owing exclusive legal allegiance to the Republic. Recent judicial interpretation has further crystallized the precise meaning and timing of renouncing foreign citizenship for electoral purposes, affirming a strict, status-based standard that leaves no room for divided loyalty at the moment of seeking legislative office.

The constitutional design reflects a foundational policy against divided allegiance in governance. Article 66 establishes exclusive Bangladeshi citizenship as a non-negotiable condition for both election to and continuance in Parliament. Specifically, Article 66(2)(c) disqualifies any person who acquires the citizenship of, or affirms allegiance to, a foreign state. This provision embodies the principle that the solemn responsibility of law-making in a sovereign democracy cannot coexist with competing national loyalties, ensuring that representatives are bound solely to the interests of the Republic.

This constitutional policy is reinforced statutorily by the Citizenship Act of 1951. Section 14(1) provides that a Bangladeshi citizen who simultaneously holds another citizenship shall cease to be a citizen of Bangladesh unless they formally renounce that foreign citizenship according to the laws of that foreign country. This creates two critical legal consequences: dual citizenship is not recognized as a permanent or neutral status under Bangladeshi law, and renunciation must be legally effective under foreign jurisdiction, moving beyond mere declaration to achieve actual termination of status. Thus, parliamentary eligibility is inextricably linked to the concrete outcome of renunciation proceedings abroad.

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A limited constitutional relaxation appears in Article 66(2A), which applies to citizens by birth who had acquired foreign citizenship. It allows such individuals to become eligible if they either give up the foreign citizenship in cases of dual nationality, or reaccept Bangladeshi citizenship in other scenarios. However, this provision does not legitimize dual nationality at any point relevant to an election. It merely removes a historical disqualification after foreign citizenship has been fully relinquished. It does not suspend the ongoing operation of Article 66(2)(c) during the period when foreign citizenship legally subsists, maintaining the absolute bar against concurrent allegiances.

Central to this framework is the interpretation of the phrase “gives up the foreign citizenship” under Article 66(2A). This denotes a completed act of legal consequence, not an expression of intention or an ongoing process. Constitutionally, it must mean the actual cessation of one’s status as a foreign citizen. A contextual reading with Article 66(2)(c) clarifies that until foreign citizenship is fully given up, the disqualification remains active. Article 66(2A) does not validate dual allegiance but only restores eligibility after the disqualifying status has ceased to exist in law.

Harmonious interpretation with the Citizenship Act and foreign law is essential. The constitutional requirement aligns with Section 14(1) of the Citizenship Act, which stipulates that renunciation must be effected according to the law of the foreign state involved. Consequently, renunciation is not a unilateral or symbolic act by the candidate; it depends on formal acceptance and completion by the competent foreign authority. Foreign citizenship is therefore considered “given up” only when that authority has legally terminated the status, a point determined by foreign law itself.

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Judicial enforcement has consistently upheld this strict, status-based approach. In landmark rulings, including Writ Petition No. 10463 of 2023, the High Court Division has held that merely applying for renunciation is insufficient. Until the foreign authority formally accepts and completes the process, the individual remains a foreign citizen for constitutional purposes. The decisive point in time is the date of scrutiny of nomination papers. The courts have categorically stated that filing an application is not enough, affirming that dual nationality is assessed as a matter of concrete legal status, not intention, effort, or administrative delay.

Therefore, the scope for dual nationality in parliamentary elections is exceptionally narrow. It may be permitted in personal or general civic life under statutory limits, and a citizen by birth who once held foreign citizenship may contest elections but only after achieving completed and legally effective renunciation. There exists an absolute bar against holding dual nationality at the time of nomination scrutiny or contesting elections while foreign citizenship is pending renunciation. Reliance on incomplete procedural steps without legal finality does not satisfy the constitutional standard.

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The burden of proving completed renunciation rests entirely on the candidate. Election authorities are not permitted to infer or assume renunciation based on intention or initiated steps. Clear, documentary evidence demonstrating the termination of foreign citizenship by the relevant foreign authority is mandatory. This strict evidentiary requirement safeguards electoral integrity, upholds the constitutional demand for loyalty, and maintains public confidence in a parliamentary system where representatives bear undivided allegiance.

In conclusion, the scope for dual nationality in Bangladesh’s parliamentary elections is minimal and rigorously enforced. While past acquisition of foreign citizenship can be remedied through full renunciation, concurrent dual nationality at the time of election is constitutionally impermissible. The legal position is unambiguous: parliamentary representation demands exclusive legal allegiance to Bangladesh. Anything short of a completed and legally effective termination of foreign citizenship triggers disqualification under Article 66(2)(c), ensuring that the nation’s legislature is composed solely of those whose loyalty to the Republic is entire and unequivocal.

Author is an Advocate at Supreme Court of Bangladesh