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Constitution of Bangladesh
Constitution of Bangladesh
Constitution of Bangladesh
Contents
Modern constitutional history
British India
Union with Pakistan
Bangladesh
Page one of the original copy of the
Text of the constitution
Bangladeshi Constitution
Preamble[10]
Parts[10] Ratified 4 November 1972
The 1940 Lahore Resolution, supported by the first Prime Minister of Bengal, asked the British government that "the North Western
and Eastern Zones of (British) India should be grouped to constitute ‘independent states’". It further proclaimed "that adequate,
effective and mandatory safeguards should be specifically provided in the constitution for minorities in these units and in the regions
for the protection of their religious, cultural, economic, political, administrative and other rights". The resolution's status is akin to the
magna carta in Bangladesh and Pakistan, in terms of the concept of independence.[3][4][5] On 20 June 1947, the Bengal Legislative
Assembly voted on the partition of Bengal. It was decided by 120 votes to 90 that, if Bengal remained united, it should join the
Constituent Assembly of Pakistan. At a separate meeting of legislators from West Bengal, it was decided by 58 votes to 21 that the
province should be partitioned and that West Bengal should join the Constituent Assembly of India. At another separate meeting of
legislators from East Bengal, it was decided by 106 votes to 35 that Bengal should not be partitioned and 107 votes to 34 that East
Bengal should join the Constituent Assembly of Pakistan if Bengal was partitioned.[6] On 6 July 1947, the Sylhet referendum voted
to partition Sylhet Division from Assam Province and merge it into East Bengal. On 11 August 1947, Muhammad Ali Jinnah, the
president of the Constituent Assembly of Pakistan, declared that religious minorities would enjoy full freedom of religion in the
emergent new state.[7]
The Constitution of Pakistan of 1956 was adopted by a second constituent assembly elected in 1955. It declared two provinces- East
Pakistan and West Pakistan; and two federal languages-Urdu and Bengali. The first Pakistani constitution was in place for only a few
years. General Ayub Khan staged a military coup and introduced the Constitution of Pakistan of 1962. The 1962 constitution
introduced a presidential system in which electoral colleges would be responsible for electing the president and governors. The chief
ministers' offices were abolished; and parliamentand provincial assemblies were delegated to a mainly advisory role. The system was
dubbed "Basic Democracy". In 1965, Fatima Jinnah's failed bid for the presidency prompted allegations of a rigged electoral system.
The Six Points of Sheikh Mujibur Rahman demanded parliamentary democracy. Rahman's Six Points were part of the manifesto of
the Awami League, the party which won first general election in East and West Pakistan in 1970. The Awami League ran on the
platform of developing a new Pakistani constitution based on the Six Points. The League won 167 out 169 East Pakistani seats in the
National Assembly of Pakistan and 288 out of 300 seats in the East Pakistan Provincial Assembly. The refusal of Pakistan's military
junta to transfer power toPrime Minister-elect Sheikh Mujibur Rahman triggered theBangladesh War of Independence.
Bangladesh
The Provisional Government of Bangladesh issued the Proclamation of Independence on 10 April 1971, which served as the interim
first constitution of Bangladesh. It declared “equality, human dignity and social justice” as the fundamental principles of the republic.
East Pakistani members of Pakistan's federal and provincial assemblies were transformed into members of the Constituent Assembly
of Bangladesh. The constituent assembly had 404 members. After the war, the Constitution Drafting Committee was formed in 1972.
. Kamal Hossain as its chairman.[2]
The committee included 34 members with Dr
The Constitution Bill was introduced in the Assembly on 12 October. Its first reading began on 19 October and continued till 30
October. The second reading took place from 31 October to 3 November. Manabendra Narayan Larma made an impassioned appeal
to declare the term of citizenship as “Bangladeshi” instead of “Bengali”.[8] Larma argued that labeling all citizens as Bengali
discriminated against non-Bengali communities, including his ownChakma ethnic group.
The third reading began on 4 November and it approved 65 amendments to the Constitution Bill and adopted and enacted the
Constitution on 4 November. The Constitution came into effect on 16 December 1972. A Westminster style political system was
established. It declared nationalism, socialism, democracy and secularism as the fundamental principles of the republic. It proclaimed
fundamental human rights, including freedom of speech, freedom of religion, freedom of movement, freedom of assembly, the right
to education and public healthcare among others. A two thirds vote of parliament was required to amend the constitution.
After winning the 1973 general election, the Awami League government often flouted constitutional rules and principles. The
government received strong criticism from the Bangladeshi press, including both Bengali and English newspapers. The Committee
for Civil Liberties and Legal Aidwas formed to defend the constitution. The Awami League enacted three constitutional amendments
between 1973 and 1975. The most drastic amendment was in January 1975. It introduced a one party state and a presidential
government, while the judiciary's independence was greatly curtailed.
Constitutional rule was suspended on 15 August 1975 with the assassination of President Sheikh Mujibur Rahman and the declaration
of martial law. The Chief Martial Law Administrator issued a series of Proclamation Orders between 1975 and 1979 which amended
the constitution. Lieutenant General Ziaur Rahman is credited for many of these Proclamation Orders. The most significant of these
orders was defining citizenship as Bangladeshi; other orders included the insertion of religious references and the controversial
Indemnity Ordinance. In 1979, martial law was lifted, multiparty politics was restored and constitutional rule was revived. The Fifth
Amendment in 1979 validated all Proclamation Orders of the martial law authorities. An executive presidency continued until
1982.[2]
Martial law was again imposed in the 1982 Bangladesh coup d'état. When constitutional rule was restored in 1986, the Sixth
Amendment validated previous Proclamation Orders issued by the Chief Martial Law Administrator. The Eighth Amendment in 1988
.[2]
declared Islam as the state religion and initiated limited devolution of the judiciary
In 1990, a pro-democracy uprising ousted President Ershad. The uprising was followed by parliamentary elections in 1991. The
Twelfth Amendment passed by the fifth parliament is the most influential constitutional amendment in Bangladesh. It re-established
parliamentary government. It amended Articles 48, 55, 56, 57, 58, 59, 60, 70, 72, 109, 119, 124, 141A and 142.[2] The Prime
Minister became the executive head of government, and along with the cabinet, was responsible to parliament. Local government was
made more democratic. However, the amendment restricted the voting freedom of MPs. According to Article 70, MPs would lose
their seat if they voted against their party. This made it impossible for parliament to have a free vote, including no-confidence
motions to remove a prime minister. Experts have described the amendment as instituting prime ministerial dictatorship. The Thirteen
Amendment in 1996 introduced theCaretaker government of Bangladesh.
In 2010, the Supreme Court of Bangladesh ruled that the Fifth Amendment of 1979 went against the constitutional spirit of the
country and hence invalidated its removal of clauses related to secularism. The Supreme Court gave the verdict in the case of
Bangladesh Italian Marble Works Ltd. v. Government of Bangladesh. While implementing the supreme court's verdict in the Fifteenth
Amendment in 2011, the Awami League-led parliament abolished the caretaker government system, which the party itself had
advocated in 1996.
In 2017, the Supreme Court declared the Sixteenth Amendment Act of 2014 illegal and void. The amendment had introduced the
provision of impeaching judges in parliament. The Supreme Court held that parliament cannot have conscience votes due to Article
70.[9]
Preamble[10]
ِ ﻦ اﻟﺮﺣِﻴْﻢ
ِ ﻤ
ٰ ﺣ
ْ ﺴﻢ ِ اﻟﻠﻪِ اﻟﺮ
ْ ِ ( ﺑB-ismi-llāhi r-raḥmāni r-raḥīmi)
We, the people of Bangladesh, having proclaimed our independence on the 26th day of March, 1971 and through a
historic struggle for national liberation, established the independent, sovereign People's Republic of Bangladesh;
Pledging that the high ideals of nationalism, socialism, democracy and secularism, which inspired our heroic people
to dedicate themselves to, and our brave martyrs to sacrifice their lives in, the national liberation struggle, shall be the
fundamental principles of the Constitution;
Further pledging that it shall be a fundamental aim of the State to realise through the democratic process a socialist
society, free from exploitation a society in which the rule of law
, fundamental human rightsand freedom, equality and
justice, political, economic and social, will be secured for all citizens;
Affirming that it is our sacred duty to safeguard, protect and defend this Constitution and to maintain its supremacy as
the embodiment of the will of the people of Bangladesh so that we may prosper in freedom and may make our full
contribution towards international peace and co operation in keeping with the progressive aspirations of mankind;
In our Constituent Assembly, this eighteenth day of Kartick, 1379 B.S., corresponding to the fourth day of November,
1972 A.D., do hereby adopt, enact and give to ourselves this Constitution.
Parts[10]
Part I:The Republic Part VII:Elections
Part II:Fundamental principles of state policy Part VIII:The Comptroller and Auditor
Part III:Fundamental rights General
Part IV: The Executive Part IX:The Services of Bangladesh
Prime Minister Sheikh Hasina has stated that Bangladesh will be governed in line with the spirit of theConstitution of Medina.[11]
Freedom of religion
Freedom of religion is one of the cornerstones of Bangladesh's constitution.[12] Article 12 calls for secularity, the elimination of
interfaith tensions and prohibits the abuse of religion for political purposes and any discrimination against, or persecution of, persons
practicing a particular religion.[13] Article 41 subjects religious freedom to public order, law and morality; it gives every citizen the
right to profess, practice or propagate any religion; every religious community or denomination the right to establish, maintain and
manage its religious institutions; and states that no person attending any educational institution shall be required to receive religious
instruction, or to take part in or to attend any religious ceremony or worship, if that instruction, ceremony or worship relates to a
religion other than his own.[14] Governments have generally supported and respected religious freedom.
[15]
International agreements
As of 2017, Bangladesh is a state party to the following international treaties concerning human rights.[16] Bangladesh can in theory
be held liable for its performance in the fields of these treaties.
Judicial precedent
Article 111 of the constitution proclaims the doctrine of binding judicial precedent. According to the article, the law declared by the
Supreme Court of Bangladesh, including its Appellate Division and theHigh Court Division, are binding in all subordinate courts.[17]
Judicial review
The constitution does not specifically mention the term judicial review, but Article 102 allows writ petitions to be filed at the High
Court Division for reviewing laws, the actions and policies of authories and lower court proceedings. Articles 7(2), 26, 44(1) & 102
.[18]
are considered to indirectly support the system of judicial review
free and fair election can be held with sitting MPs. [22]
Free speech
According to Amnesty International, the government of Bangladesh has sought to trample its citizens' right to free speech on the
internet through the Information and Communications Technology Act.[23] The law can be argued to be in violation of Article 39 of
the constitution. The Foreign Donations (Voluntary Activities) Regulation Act which imposed the government's restrictions over the
work of non governmental organizations.[23] The law has also been argued to be against the spirit of the constitution.
Constitutional Reform
Dr. Kamal Hossain, who is described as the “father of the Bangladeshi constitution”, has been an ardent supporter of reforming the
document to reflect the values of the 21st century.[25] Hossain has blamed amendments during military rule for eroding the
constitution's principles.[25] Justice Muhammad Habibur Rahman, a former Chief Justice and interim prime minister, proposed that a
[26]
Constitution Commission be formed to explore the prospects for constitutional reform.
A. T. M. Shamsul Huda, a former Chief Election Commissioner, has called for a constitutional amendment to ensure "checks and
balances" and the separation of powers.[27]
Professor Anwar Hossain, a leading Bangladeshi historian, has called for the term “People’s Republic of Bangladesh” to be changed
to the “Republic of Bangladesh”.
Barrister Nazmul Huda, a politician and former cabinet minister, has proposed that a new constitution be drafted after the election of
a new constituent assembly. One criticism of the document stems from the fact that it was drafted by a constituent assembly
dominated by the left-wing Awami League and lacked representation from most other political groups. The League has governed
Bangladesh for 18 years in its 45-year history as of 2017.
Amendments
As of 2015 the Constitution of the People's Republic of Bangladesh has been amended 17 times.
See also
List of national constitutions
References
1. https://books.google.com.bd/books?redir_esc=y&id=BySOAAAAMAAJ&focus=searchwithinvolume&q=404
2. "Constitutional Development - Banglapedia"(http://en.banglapedia.org/index.php?title=Constitutional_Development)
.
En.banglapedia.org. Retrieved 2017-07-11.
3. Mahendra Prasad Singh; Veena Kukreja (7 August 2014). Federalism in South Asia(https://books.google.com/book
s?id=s3g9BAAAQBAJ&pg=PA92). Routledge. p. 92. ISBN 978-1-317-55973-3.
4. Ayesha Jalal (6 April 1995).Democracy and Authoritarianism in South Asia: A Comparative and Historical
Perspective (https://books.google.com/books?id=mHPok4epvlIC&pg=P A184). Cambridge University Press. p. 184.
ISBN 978-0-521-47862-5.
5. Mark Tushnet; Madhav Khosla (17 September 2015). Unstable Constitutionalism(https://books.google.com/books?i
d=ojMZCgAAQBAJ&pg=PA142). Cambridge University Press. p. 142.ISBN 978-1-107-06895-7.
6. Soumyendra Nath Mukherjee (1987).Sir William Jones: A Study in Eighteenth-century British Attitudes to India(http
s://books.google.com/books?id=Bhd-_1RE04MC&pg=P A230). Cambridge University Press. p. 230.ISBN 978-0-
86131-581-9.
7. http://www.columbia.edu/itc/mealac/pritchett/00islamlinks/txt_jinnah_assembly_1947.html
8. Hana Shams Ahmed. "Our constitution" (http://www.thedailystar.net/news-detail-153616). The Daily Star. Retrieved
2017-07-11.
9. "16th Amendment scrapped"(http://www.thedailystar.net/editorial/16th-amendment-scrapped-1427797)
. The Daily
Star. 2017-07-04. Retrieved 2017-07-11.
10. "Constitution of the People’s Republic of Bangladesh"(http://bdlaws.minlaw.gov.bd/pdf_part.php?id=367).
Bdlaws.minlaw.gov.bd. Retrieved 2017-07-11.
11. Unb, Dhaka. "Country to be run as per Madinah Charter: PM"(http://www.thedailystar.net/country-to-be-run-as-per-m
adinah-charter-pm-16759). The Daily Star. Retrieved 2017-07-11.
12. "Freedom of Religion: religious minority in Bangladesh - The Daily Star
, Bangladesh" (http://www.thepersecution.org/
world/bangladesh/2004/10/ds041003law.html). Thepersecution.org. Retrieved 2017-07-11.
13. "12. Secularism and freedom of religion"(http://bdlaws.minlaw.gov.bd/sections_detail.php?id=367§ions_id=2456
0). Bdlaws.minlaw.gov.bd. Retrieved 2017-07-11.
14. "41. Freedom of religion"(http://bdlaws.minlaw.gov.bd/sections_detail.php?id=367§ions_id=24589)
.
Bdlaws.minlaw.gov.bd. Retrieved 2017-07-11.
15. https://www.state.gov/documents/organization/171752.pdf
16. https://www.unicef.org/bangladesh/Child_Rights_Convention.pdf
17. "111. Binding effect of Supreme Court judgments" (http://bdlaws.minlaw.gov.bd/sections_detail.php?id=367§ions
_id=24668). Bdlaws.minlaw.gov.bd. Retrieved 2017-07-11.
18. http://bdjls.org/introduction-judicial-review-bangladesh/
19. "Bangladesh: a secular State with a State religion?"(http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.asp
x?NewsID=16401&LangID=E). OHCHR. Retrieved 2017-07-11.
20. "Opposition returns to Sangsad at last"(http://www.thedailystar.net/news-detail-226852). The Daily Star. Retrieved
2017-07-11.
21. "I won't budge" (http://www.thedailystar.net/news/i-wont-budge). The Daily Star. Retrieved 2017-07-11.
22. Shakhawat Liton. "Politics of Mistrust" (http://www.thedailystar.net/news/politics-of-mistrust). The Daily Star.
Retrieved 2017-07-11.
23. "Bangladesh | Amnesty International"(https://www.amnesty.org/en/countries/asia-and-the-pacific/bangladesh/)
.
Amnesty.org. Retrieved 2017-07-11.
24. Probir Kumar Sarker. "Radio Sweden: RAB official admits to secret killings" (http://www.dhakatribune.com/banglades
h/law-rights/2017/04/04/swedish-radio-publishes-recording-alleged-rab-of ficial-admitting-secret-killings/). Dhaka
Tribune. Retrieved 2017-07-11.
25. "Forum" (http://archive.thedailystar.net/forum/2010/November/dreams.htm). Archive.thedailystar.net. Retrieved
2017-07-11.
26. "Military dictating no good for country, armed forces" (http://www.thedailystar.net/news-detail-31148). The Daily Star.
Retrieved 2017-07-11.
27. Star Online Report. " 'Constitutional reform for healthy politics'" (http://www.thedailystar.net/politics/constitutional-refo
rm-healthy-politics%E2%80%99-81493). The Daily Star. Retrieved 2017-07-11.
External links
"The Constitution of the People's Republic of Bangladesh" . Laws of Bangladesh. Legislative and Parliamentary
Affairs Division, Ministry of Law, Justice and Parliamentary Affairs. 2011.
Glimpses on pre-constitutional documents of Bangladesh
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