GREEN UNIVERSITY OF BANGLADESH

Department of Law
LL.B (Hon’s) Program
Semester: Fall, 2017
Course Title: Constitutional Law of Bangladesh
Code: LLBH 115
Course Instructor: Md. Sefat Ullah
SYLLABUS
__________________________________________________________________________________________________________________________
Teaching days and time: Monday, 2.00 pm to 03.30 pm, Room No. 301
Tuesday, 2.00 pm to 3.30 pm, Room No. 310
Consultation hours: Friday (2.00-2.30 pm))Tuesday (200-2.30 pm)Monday (5.00 -5.30 pm)Thursday (11.30
am-12 pm) and by appointment*
Consultation place: PC room (A303/B)
Office Phone: 8231031 Ext. 506
Cell No. 01715-560078
E-mail: sefat.law@green.edu.bd
*
My consultation hours are not the only time I am available. My office door is always open and students with
questions should feel free to drop in at any time (except lunch hour) or make an appointment. If my
consultation hours are inconvenient for you, you can email or text me to set up another time.

1. Course Description
The constitution is a living, dynamic document which reflects the moral and political standards of citizens and
country. In the words of Aristotle “constitution is the way of life that state has chosen for itself”. Thus,
constitutional law is concerned with role and powers of government and governed and thereby determines the
relationship between state and citizens. Bangladesh has a glorious past in terms of attaining a constitution of its
own; despite the ups and downs in the political history of Bangladesh, the constitution has found its way forward to
the development. As a supreme law of the land it has a significant role in shaping lives of the citizens.

Constitutional law of Bangladesh exposes the historical, legal and philosophical basis and journey of Bangladesh as
nation state. Thus, the course reflects the fundamental knowledge that should be known by everybody as a citizen
of this glorious country.

The course is designed to give the students an overall knowledge regarding historical, legal and political
development of Bangladesh in terms of constitutional matters. Throughout the course, the students will be
required to examine the legal aspect of different burning constitutional issues of Bangladesh. 2. 2.

2. Learning objectives:

The students who successfully complete this course will be able to

 Clarify the general concepts of Constitutional law of Bangladesh

 Understand the dynamics constitutional law of Bangladesh
 Have deeper insight on origin, nature and development of constitution of Bangladesh
 Critically examine the different constitutional and political issues that have real life impact
 Assess the strengths and weaknesses of constitution of Bangladesh
 Address different challenges of Bangladesh from constitutional perspective
 Solve some current burning constitutional issues

3. Learning outcomes:

On completion of the course the participants are expected to

a) Solve some challenges that has constitutional implication

b) Formulate opinions for improvement constitution of Bangladesh
c) Draft constitutional matters according to own legal acumen
d) Have presentation on key constitutional issues
 4. Course requirements:

The course is as such on formulating theoretical basis as well as solving practical problems, required to have
understandings the dynamics of politics as well as legal issues. Comprehensive understanding of history,
philosophy, trends of Bangladesh is pre-requisite for grasping the key legal issues of the course.

5. Examinations
There will be one mid-term, final exam that will consist of materials in assigned readings and text books.
Apart from these, there will be two/three quiz/class tests and one presentation in the whole semester. Also
there will be viva voce at the end of the semester.

6. Reflection in learning
To be a successful legal practitioner presentation is a must. All your efforts will be of no effect unless you can
present your case well. So, in order to bring accomplishment in presentation, GUB puts much emphasis on
removing three shortcomings of the students which stand on the way to accomplishment in presentation:
shyness, nervousness and low level of confidence. So, at the end of each lecture three students will be selected
at random for giving a presentation on what they have learnt from the lecture. Each will be given three
minute’s time. This will continue until the mind-term exam. After the mid-term exam the presentation will,
however, be marked based on one’s performance.
7. Class Participation
It is essential that you are prepared for class and participate in class discussions when called upon. Do not
expect to sit in class and absorb information by listening and taking notes alone. Learning the law is not a
spectator sport and involves more than memorizing rules. As a lawyer, you need to be able to apply those
rules to varying situations and to express yourself clearly.

8. Academic dishonesty: Policy Statement on Plagiarism

i. Plagiarism is defined by Black’s Law Dictionary (revised 8th edition) as “the deliberate and
knowing presentation of another person’s original ideas or creative expressions as one’s own”.
ii. Merely taking the ideas or expression of another is not in itself plagiarism. The substance of
plagiarism is that the plagiarist passes off the ideas or expression of another as his or her own. Thus,
the application of the precepts and practices learned in legal writing, particularly the full
acknowledgement of sources, is the best safeguard against plagiarism. Plagiarism will be presumed in
any case of appropriating the expression or ideas of another without full acknowledgement of
sources.
iii. If anyone is found to plagiarize at any stage of the course, he will be given ‘zero’ out of the marks
assigned.
9. Feedback on Academic Performance
A good lawyer/legal practitioner has to play three different but deeply interconnected roles in his/her
professional life: role as researcher, drafter and presenter. So, during the semester your work will be assessed
using the following performance dimensions, where appropriate: participation, research skills, writing skills
and presentation skills. At the midpoint of the course there will be an opportunity for you to discuss your
progress with your course teacher and at the end of the course another opportunity will be there to discuss
what you have accomplished and what areas for continued learning are:
10. Grading Policy
Results are published in Grading System as following:
Number Grade
CGPA

80-100 A+ 4.00

75-79 A 3.75

70-74 A- 3.50
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65-69 B+ 3.25

But I have promises to keep and miles to go before I sleep- Robert Frost.
 60-64 B 3.00

55-59 B- 2.75

50-54 C+ 2.50

45-49 C 2.25

40 D 2.00

Below 40 F 0

Grades without numeral value: P: Pass I: Incomplete w: withdrawal

11. Measuring and evaluating your learning progress:

Attendance 5%
Group Assignment and presentation 10%
Quiz 10%
Individual Presentation 10%
Midterm Exam 30%
Final Exam 35%

12. Social Capital: Ground Rules:

For the betterment of the class and effective utilization of the class hour we are to abide by and stick to certain rules and
regulations which are to be termed as “Social Capital/Ground Rules”. I expect all of the students to abide by the following
ground rules:
 I expect you to be in class, unless you have a compelling reason to be absent (e.g. serious illness) and have
notified me beforehand. More than four unexcused absences will result in getting 0 out of 5 marks which is
allocated for class attendance.
 Please enter your class just in time preferably before the entrance of the course instructor. No one will be
permitted to enter the class after 15 minutes have passed from the start of the class.

 Avoid frequent coming and going. If you must exit the classroom for any valid and compelling reason, please take
permission from your instructor and leave quietly if permitted.

 The medium of instruction in the class will be in English. It is expected that students ask and respond to
questions in English as well.

 Avoid side taking during the class hours.

 Maintain socially and culturally acceptable dress code.

 Wear ID card inside the campus.

 Questions are always welcome. I will answer as many questions as time constraints permit. If something seems
unclear to you, be generous to raise questions. Please raise your hands before speaking and be cautious not to
raise any irrelevant question.

 In class discussions, you should be respectful of and courteous towards your classmates. One of the skills you are
learning as law students is how to express disagreement in a friendly and professional manner.

 The classroom will be a cell-phone-free zone. Keep your phone switched off during class.

 Be focused and attentive. Bring the required book(s), a pad of paper, pens, and your undivided attention.

 We are members of an academic community built on respect, trust, and honesty. I will take you at your word; in
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return, I expect you to be truthful and candid in your dealings with me and your classmates.
13. Required Legislations:

But I have promises to keep and miles to go before I sleep- Robert Frost.
 You will need:
1. Constitution of Peoples Republic of Bangladesh, Government official Copy
2. The declaration of Independence, 1971
3. The Laws Continuance Enforcement Order,1972
4. The Provisional Constitution of Bangladesh Order,1972
5. The Constituent Assembly of Bangladesh Order,1972
14. Required Texts:

1. Islam, Mahmudul : Constitutional Law of Bangladesh, 3 rd ed, Mullik Brothers, Dhaka, 2012, Chapter on
fundamental rights.
2. Justice Mustafa kamal :Bangladesh Constitution: Trends and Issues, Dhaka University, 2001
3. Hilaire Barnett: Constitutional & Administrative Law, 9th ed, Routlrdge, London and New York. 2011
4. Trial of Civil Suits And Criminal Cases by Justice Mohammad Hamidul Haque
5. Barrister Abdul Halim :Making the Constitution of Bangladesh , CCB foundation, Dhaka,2010
15. Journal Articles:
1.Muhammad Ekramul Haque: The Preamble of the Constitution of Peoples Republic of Bangladesh: An analysis from legal
perspective, The Dhaka University Studies, Part-F, Volume 2, December, 2004.

2. Muhammad Ekramul Haque: Protecting Fundamental Rights through Restrictive Legislation Competence: Application of
the Doctrine of Eclipse and Severability, The Dhaka University Studies, Part-F, Volume 17, November, 2006

3.Muhammad Ekramul Haque: Legal and Constitutional status of the fundamental Principles of State Policy as Embodied in
the Constitution of Bangladesh , The Dhaka University Studies Part-F, Volume 16, June, 2005.

16. Course Schedules:

Sessio Topics Class Materials & References
n
1  Introduction 1. Hilaire Barnett : Constitutional &
 Social capital: Ground Rules for effective learning Administrative Law, 9th ed, Routlrdge, London and
 Discussion regarding Syllabus and Course overview New York. 2011 pp. 4-14
 Historical Background, British-India to Bangladesh 2. Barrister Abdul Halim : Constitution,
 Classifications of constitutions Constitutional Law and Politics: Bangladesh
 Method of establishing constitution Perspective. CCB Foundation, Dhaka,
3. Lecture Sheets
2  Historical background and birth of Bangladesh 1. Constitution of Peoples Republic of Bangladesh,
 Framing the constitution of Bangladesh Government official Copy
 Interim constitution 2. The declaration of Independence, 1971
 The Proclamation of Independence 3. The Laws Continuance Enforcement Order,1972
 The Provisional Constitution of 4. The Provisional Constitution of Bangladesh
Bangladesh Order,1972 Order,1972
 The Constituent Assembly of Bangladesh Order, 5. The Constituent Assembly of Bangladesh
1972 Order,1972
 Members of the assembly
 Process of adopting the constitution
3 *Group Presentation on Previous 2 Classes- Group 1 1. Islam, Mahmudul : Constitutional Law of
Bangladesh, 3rd ed, Mullik Brothers, Dhaka,2012
pp. 53, 95, 19.
Basic features of constitution of Bangladesh 2. Justice Mustafa kamal :Bangladesh Constitution:
Trends and Issues, Dhaka University, 2001 p.16
 Supremacy of the constitution 3. Barrister Abdul Halim : Constitution,
 Territory of the republic Constitutional Law and Politics: Bangladesh
 Citizenship Perspective. CCB Foundation, Dhaka,
 Interpretation of constitution
 Necessity of interpretation Cases:
 Principle of statutory interpretation
 Uses of foreign decisions
 Prospective overruling 4. Government of Bangladesh Vs. M.S. Ispahani, 40
DLR (AD) 116
4 Preamble of Bangladesh Constitution 1. Justice Mustafa kamal :Bangladesh Constitution:
Trends and Issues, Dhaka University, 2001
 Definition and importance of the preamble 2. Barrister Abdul Halim : Constitution,
 Preamble and interpretation of the constitution Constitutional Law and Politics: Bangladesh
 Is preamble part of the constitution? Perspective. CCB Foundation, Dhaka,
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 Nature of the preamble

 Interpretation by preamble

But I have promises to keep and miles to go before I sleep- Robert Frost.
  Comparison with preamble of statute
 Can it be amended?
Contents and analysis of preamble
5 *Group Presentation on Previous 2 Classes- Group 2
Fundamental Principles of State Policy
 Underlying object and nature
 Utility of those Principles
 Relation between fundamental rights and
fundamental principles of state policy
 Implementation and enforcement of FPSP
 Analysis and interpretation of FPSP of Bangladesh
6 1st Quizz
7 Fundamental Rights
 Definition and nature
 Types and categories of fundamental rights
 Analysis and interpretations of different rights
 Equality and non-discrimination
 Freedom of speech, movement,
association, etc
 Rights on trail and punishment
Enforcement of fundamental rights: articles 44 and 102
8 *Group Presentation on Previous 2 Classes- Group 3
President
 Status
 Qualifications and elections, Resignation and
vacancy
 Impeachment and removal
 Speaker to act as president
 Powers and functions
 Executive power
 Legislative power
 Emergency power
 Power of pardon and reprieves
 Appointing powers
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But I have promises to keep and miles to go before I sleep- Robert Frost.
Journal Article:
3. Muhammad Ekramul Haque: The Preamble of the
Constitution of Peoples Republic of Bangladesh:
An analysis from legal perspective, The Dhaka
University Studies, Part-F, Volume 2, December,
2004.
Cases:
4. Anwar Hossain Chowdhury vs. Bangladesh.
1989(BLD)1.
5. Kesavananda V. State of kerela,1973 SC 1461
Required Readings:
1. Barrister Abdul Halim : Constitution,
Constitutional Law and Politics: Bangladesh
Perspective. CCB Foundation, Dhaka, Chapter on
Fundamental Principles of State Policy.
2. Part-II of Bangladesh Constitution
Journal Article:Muhammad Ekramul Haque: Legal and
Constitutional status of the fundamental Principles of State
Policy as Embodied in the Constitution of Bangladesh , The
Dhaka University Studies Part-F, Volume 16, June, 2005.
Cases: Kudrat-E-Elahi vs. Bangladesh, 44 DLR(AD) 319
Required Readings:
1. Islam, Mahmudul : Constitutional Law of
Bangladesh, 3rd ed, Mullik Brothers, Dhaka, 2012,
Chapter on fundamental rights.
2. Barrister Abdul Halim : Constitution,
Constitutional Law and Politics: Bangladesh
Perspective. CCB Foundation, Dhaka, Chapter on
fundamental rights.
3. Part-III of Bangladesh Constitution
Journal Article:
Muhammad Ekramul Haque: Protecting Fundamental
Rights through Restrictive Legislation Competence:
Application of the Doctrine of Eclipse and Severability, The
Dhaka University Studies, Part-F, Volume 17, November,
2006
Cases:Some relevant leading cases will be discussed
Required Readings:
1. Islam, Mahmudul : Constitutional Law of
Bangladesh, 3rd ed, Mullik Brothers, Dhaka, 2012,
Chapter on Presidents power and functions.
2. Barrister Abdul Halim : Constitution,
Constitutional Law and Politics: Bangladesh
Perspective. CCB Foundation, Chapter on
Presidents power and functions
3. Part-IV of Bangladesh Constitution,
 9 Prime minister and Cabinet Required Readings:
1. Islam, Mahmudul : Constitutional Law of
Bangladesh, 3rd ed, Mullik Brothers, Dhaka, 2012,
Chapter on Prime Minister and Cabinet.
 The Cabinet 4. Barrister Abdul Halim : Constitution,
 Minister and tenure of office Constitutional Law and Politics: Bangladesh
 Status and tenure of office of Prime Minister Perspective. CCB Foundation, Chapter on Prime
Ministerial responsibilities Minister and Cabinet.

10 *Group Presentation on Previous 2 Classes- Group 4 1 Islam, Mahmudul : Constitutional Law of

Bangladesh, 3rd ed, Mullik Brothers, Dhaka, 2012,
Chapter on Local Government.
Local Government 2. Barrister Abdul Halim : Constitution,
Constitutional Law and Politics: Bangladesh
 Establishment, nature and status Perspective. CCB Foundation, Chapter on Local
 Different types Government
 Powers of local government bodies
 Local government, democracy and governance
11. Parliament 1 Islam, Mahmudul : Constitutional Law of
Bangladesh, 3rd ed, Mullik Brothers, Dhaka, 2012,
 Establishment, nature and status Chapter on parliament.
 Members of parliament and relevant provisions
 Rights of ministers 2 Barrister Abdul Halim : Constitution,
 Speakers and deputy speakers Constitutional Law and Politics: Bangladesh
 Powers and functions Perspective. CCB Foundation, Chapter on parliament.
 Privileges and immunities
3. Part-V of Bangladesh Constitution.
12 *Group Presentation on Previous 2 Classes- Group 5 1 Islam, Mahmudul : Constitutional Law of
Bangladesh, 3rd ed, Mullik Brothers, Dhaka, 2012,
Chapter on ordinance making by president.
Ordinance Making Power
2 Barrister Abdul Halim : Constitution,
 Importance Constitutional Law and Politics: Bangladesh
 Advantages and disadvantages Perspective. CCB Foundation, Chapter on ordinance
 Analysis and interpretation of article 93 making by president.
 Grounds of ordinance
 Satisfaction of president or court
 Procedure of ordinance making 4. Article-93 of Bangladesh Constitution.
 Transformation of an ordinance into law
13  Feedback on Mid-term Exam,
 Group and individual presentation ,
 Learning reflections up to completed sessions ,
 Discussion on challenges that they faced on course
study up to completed sessions.
14 Judiciary 1 Islam, Mahmudul : Constitutional Law of
Bangladesh, 3rd ed, Mullik Brothers, Dhaka, 2012,
Chapter on relevant topics.
The Supreme Court
2 Barrister Abdul Halim : Constitution,
 Establishment and judges Constitutional Law and Politics: Bangladesh
 Powers, functions and jurisdictions Perspective. CCB Foundation, Chapter on relevant
 High Court Division topics.
 Appellate division
 Binding effect of judgment of supreme court
 Contempt of supreme court 5. Part- VI of Bangladesh Constitution,
 Subordinate Court Cases:Masder Hossen Case.
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But I have promises to keep and miles to go before I sleep- Robert Frost.
 15 Judicial review 1 Islam, Mahmudul : Constitutional Law of
Bangladesh, 3rd ed, Mullik Brothers, Dhaka, 2012,
Chapter on relevant topics.
Writ jurisdiction: enforcement of fundamental rights

 Nature of remedy 2 Barrister Abdul Halim : Constitution,

Constitutional Law and Politics: Bangladesh
 Procedure and practice Perspective. CCB Foundation, Chapter on relevant
 Alternative forum for enforcement of topics.
rights
 Grounds for various Writ
 Classification of Writ 6. Justice Mustafa kamal :Bangladesh Constitution:
 Maintainability of Writ Trends and Issues, Dhaka University, 2001 p. 37,
 Locus standi 7. Constitution of Bangladesh, Article-44 and 102
 Aggrieved party
 Interim and final order Cases:
Public Interest litigation: Bangladesh constitutional
provisions thereof
Dr. Mohiuddin Farooque Vs. Bangldesh, 49 DLR
(AD) 1 Other relevant cases will be discussed.
16 2nd Quizz

17 Election 1 Islam, Mahmudul : Constitutional Law of

Bangladesh, 3rd ed, Mullik Brothers, Dhaka, 2012,
 Establishment of election commission Chapter on relevant topics.
 Functions of EC
 Staff of EC 2 Barrister Abdul Halim : Constitution,
 Single electoral roll Constitutional Law and Politics: Bangladesh
 Qualifications of a voter Perspective. CCB Foundation, Chapter on relevant
 time of elections topics.
 validity of election law and election
 executive authority and election commission
5. Constitution of Bangladesh, Part-VII
18 Amendment of the constitution 1 Islam, Mahmudul : Constitutional Law of
Bangladesh, 3rd ed, Mullik Brothers, Dhaka, 2012,
 Power of amendment Chapter on relevant topics.
 Necessity of amendment
 Doctrine of basic structure 2 Barrister Abdul Halim : Constitution,
 historical development Constitutional Law and Politics: Bangladesh
 basic structure of Bangladesh constitution Perspective. CCB Foundation, Chapter on relevant
 analysis and contents of amendments of Bangladesh topics.
Constitution
Cases:Anwar Hossain Chowdhury vs. Bangladesh.
1989(BLD)1.

Kesavananda V. State of kerela, 1973 SC 1461

Constitution of Bangladesh, Article-142

19  Final Review of the course
 Learning reflections
 Solving one to one problems
 Exam centric guidelines and discussion

17.Precaution
This syllabus is subject to change with prior notice at the instructor’s discretion.

18. Disclaimer
Although the best possible effort will be given for the purpose of reaping the maximum possible benefits out
of the course, it is, however, not guaranteed that each and every aspect of the Legal System of Bangladesh
would be covered.
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But I have promises to keep and miles to go before I sleep- Robert Frost.