Introduction

The Constitution of Bangladesh is the supreme law of the land. It establishes the
fundamental principles and framework of the country's governance and provides
for the rights and freedoms of its citizens. The Constitution was adopted on 4th
November 1972, just six months after Bangladesh achieved independence from
Pakistan. Since then, the Constitution has undergone several amendments to reflect
the changing needs of the society. The provision of practice of supremacy under
the Constitution of Bangladesh is an essential aspect of its functioning. This essay
will discuss the provisions of the Constitution that ensure the practice of
supremacy, and the role of the judiciary in upholding it.

Provisions for the Practice of Supremacy

The Constitution of Bangladesh establishes the principle of the supremacy of the
Constitution. Article 7 of the Constitution states that "the Constitution is the
supreme law of the Republic, and if any other law is inconsistent with this
Constitution, that other law shall, to the extent of the inconsistency, be void." This
provision ensures that all other laws must be in line with the Constitution and that
any law that goes against the Constitution is null and void.
Article 26 of the Constitution establishes the right to equal protection of the law.
This provision ensures that everyone is equal before the law, and no one is above
it. It also ensures that all laws are applied equally to everyone, regardless of their
social status, race, religion, or gender. This provision ensures that the rule of law is
upheld, and no one can act above the law.
The Constitution also establishes the separation of powers between the executive,
legislative, and judicial branches of government. The Constitution provides for an
independent judiciary, which is essential to ensuring the practice of supremacy.
Article 22 of the Constitution establishes the independence of the judiciary and
provides for the appointment of judges through a transparent and merit-based
process. The Constitution also provides for the removal of judges through a
parliamentary process, which ensures accountability and transparency.
The Role of the Judiciary in Upholding the Supremacy of the Constitution
The judiciary plays a crucial role in upholding the supremacy of the Constitution.
The Constitution establishes the independence of the judiciary, which is essential
to ensuring that the judiciary can act as a check on the other branches of
government. The judiciary has the power to strike down any law that is
inconsistent with the Constitution, which ensures that the Constitution remains the
supreme law of the land.
The Constitution also provides for the establishment of the Supreme Court, which
is the highest court in the country. The Supreme Court has the power of judicial
review, which means it can review the constitutionality of laws and actions taken
by the government. The Supreme Court also has the power to issue writs, such as
habeas corpus, which is essential to protecting the rights of citizens.

In recent years, the judiciary in Bangladesh has played a crucial role in upholding
the supremacy of the Constitution. In 2010, the Supreme Court declared the Fifth
Amendment to the Constitution, which had granted immunity to those who had
committed war crimes during the Liberation War of 1971, unconstitutional. The
Supreme Court's decision ensured that those who had committed war crimes would
be held accountable for their actions, and it strengthened the rule of law in the
country.

The Constitution of Bangladesh is the supreme law of the land, and its provisions
ensure the practice of supremacy. The Constitution establishes the separation of
powers between the executive, legislative, and judicial branches of government
and provides for an independent judiciary, which is essential to ensuring that the
Constitution remains the supreme law of the land. The judiciary plays a crucial role
in upholding the supremacy of the Constitution by reviewing the constitutionality
of laws and actions taken by the government. The judiciary's role in upholding the
supremacy of the Constitution is essential to protecting the rights and freedoms of
citizens and ensuring that the rule of law is upheld in Bangladesh. While the
Constitution has undergone several amendments to reflect the changing needs of
the society, the principle of the supremacy of the Constitution has remained intact.
The Constitution provides for the right to equal protection of the law, ensuring that
all citizens are equal before the law, and no one is above it. It also establishes the
separation of powers between the branches of government, ensuring that each
branch has its role to play and that no one branch can act above the Constitution.
The independence of the judiciary is crucial to the practice of the supremacy of the
Constitution. The judiciary has the power to review the constitutionality of laws
and actions taken by the government, ensuring that the Constitution remains the
supreme law of the land. The judiciary's independence also ensures that it can act
as a check on the other branches of government, ensuring that no branch can act
above the Constitution.

In recent years, the judiciary in Bangladesh has played a crucial role in upholding
the supremacy of the Constitution. The judiciary has been instrumental in ensuring
that the government's actions and laws are in line with the Constitution. For
example, in 2013, the Supreme Court declared the 16th Amendment to the
Constitution, which had given parliament the power to remove judges,
unconstitutional. The Supreme Court's decision ensured the independence of the
judiciary and strengthened the rule of law in the country.

However, the practice of the supremacy of the Constitution in Bangladesh has not
been without challenges. The government has sometimes attempted to restrict the
independence of the judiciary and undermine the principle of the supremacy of the
Constitution. For example, in 2017, the government enacted a law that gave it the
power to remove judges from the Supreme Court, undermining the judiciary's
independence.

The media has also played a crucial role in upholding the supremacy of the
Constitution in Bangladesh. The media has often reported on government actions
that go against the Constitution, bringing them to the attention of the public and
ensuring that the government is held accountable.

In conclusion, the Constitution of Bangladesh is the supreme law of the land, and
its provisions ensure the practice of the supremacy of the Constitution. The
Constitution provides for the right to equal protection of the law, the separation of
powers between the branches of government, and an independent judiciary. The
judiciary's role in upholding the supremacy of the Constitution is crucial, and it has
played a crucial role in ensuring that the government's actions and laws are in line
with the Constitution. While challenges remain, the media and the judiciary must
continue to play their roles in upholding the supremacy of the Constitution and
ensuring that the rule of law is upheld in Bangladesh.