B A N G L A D E S H Sometimes defined as a Fourth World country because of its economic plight, Bangladesh is

facing its problems under a democratic constitution adopted a year after it acquired indepen-
dence from Pakistan on December 16, 1971.

General Information The People’s Republic of Bangladesh is approximately 144,000 square kilometers and is
bounded by Burma and India on the east, India on the north and west, and the Bay of Bengal
on the south. Dhaka (formerly Dacca) is the capital of this country, which has an estimated
population of more than 147 million persons.
Industrial development in Bangladesh has been slow. The agricultural economy is based
primarily on rice, jute, wheat, and tea. A country with one of the world’s highest population
densities, Bangladesh is prone to natural disasters such as severe, extensive flooding and cyclones.

Type of Government: Presidential-style parliamentary republic, with a president, a prime

minister and cabinet, a unicameral legislature, and a judiciary

Date of Constitution: 1972 (significantly amended in 1991)

Constitutional History Bengal, which is today the Indian state of West Bengal and the nation of Bangladesh, is believed
to have been settled around 1000 b.c. by Dravidian-speaking people later called the Bang. Unlike
India and Pakistan to the west, however, this area did not develop a large-scale civilization until
about a.d. 700. A number of empires, including the Mauryan, Gupta, and Harsha, had influenced
the territory earlier, but the Pala dynasty maintained a stable government that lasted until the
twelfth century while spreading Buddhism. By the thirteenth century Islamic Turks had overrun
Bengal, which then became loosely associated with the Delhi sultanate. Later, under the Moghuls,
the province became the richest in the empire, only to be sapped of its resources by the military.
Moghul power was declining when the first Europeans arrived. After the Moghuls were
defeated by Robert Clive of the British East India Company in a battle at Plassy in 1757,
Britain expanded its hegemony over India, Pakistan, and Bangladesh. British rule ended in
1947 with the formation of an independent India and a bifurcated, Muslim-dominated
eastern and western Pakistan. Eastern Pakistan was equally subject to the Pakistan consti-
tution, but when national elections returned a majority of eastern Pakistanis to the parlia-
ment, the president, who was from western Pakistan, prevented the newly elected legislature
from meeting and selecting a prime minister.
After su∑ering under the domination of the western portion of the country for almost
twenty-five years, Bangladesh proclaimed its independence in 1971. India immediately attacked
the mostly western Pakistani forces in the country, defeating them in two weeks. When the
Bangladesh leader Sheik Mujibur Rahman, known as Mujib, was released from prison in western
Pakistan and returned to his country, he was acclaimed president and then prime minister under
a constitution adopted on November 4, 1972, which became e∑ective on December 16. In three
years, however, the government had become corrupt, and Mujib, by then a virtual dictator, was
ousted in a military coup and assassinated. New elections in 1978 were followed by another coup
in 1981, and in 1985 martial law was imposed. Following demonstrations and riots in 1990, free
elections were held in 1991, after which Begum Khaleda Zia was sworn in as the first female
prime minister. That same year, the constitution was amended to reduce the powers of the pres-
ident and to restore a parliamentary system of government. After losing in 1996, Zia, the widow
of former president Ziaur Rahman, was returned to power by the voters in 2001.

Influences Bangladesh’s constitution has alternated between providing for a strong president and a
strong prime minister. In its present form, with its strong prime minister, it is similar to the
British model, with a mostly ceremonial president.

40 B A N G L A D E S H
The second paragraph of the preamble to the 1972 constitution of the People’s Republic of T H E C O N S T I T U T I O N
Bangladesh, which was substituted in 1977, establishes the basis of the current document:
Pledging that the high ideals of absolute trust and faith in the almighty Allah, nationalism, democracy, and
socialism, meaning economic and social justice, which inspired our heroic people to dedicate themselves to,
and our brave martyrs to sacrifice their lives in, the war for national independence shall be the fundamental
principles of the constitution.

Article 7 notes the underpinning of the republic: “All powers in the republic belong to the
people, and their exercise on behalf of the people shall be e∑ected only under, and by the
authority of, this constitution.”

Article 26, part 3, Fundamental Rights, repeats an earlier reference to the principle that laws Fundamental Rights
inconsistent with the constitution are void.
Rights guaranteed include equality before the law and equal protection of the laws; no state
discrimination solely on the basis of religion, race, caste, sex, or place of birth; and equal
rights for women, except for provisions favoring women or children and for the advancement
of “any backward section of citizens.” In spite of this language, reports of atrocities against
women have increased in recent years. Other guarantees include no deprivation of life or
liberty, except by law; no ex post facto criminal laws; and other protection for those accused
of crimes. Freedom of movement, assembly, association, thought and conscience, the press,
and speech and expression are guaranteed with some restrictions, as are the practice and
propagation of religion, security in the home, and privacy of communication.
In 1988 the eighth amendment to the constitution made Islam the state religion but did
not prohibit other religions.

In Bangladesh, a unitary state, power is divided among the president, the prime minister, the Division of Powers
legislature, and the courts, which exercise judicial review and advisory functions.

Since September 1991 the Bangladesh government has returned to a parliamentary-style The Executive
system with a ceremonial president as head of state and a prime minister as head of govern-
ment. Article 48(3) provides that, with the exception of appointing the prime minister and
the chief justice, the president “shall act in accordance with the advice of the prime minister,”
and article 55 provides that the executive power shall “be exercised by or on the authority of
the prime minister.”

President. The president is elected by the legislature for a five-year term and is limited to two
terms. To be president, a person must be at least thirty-five years old, qualified for election
to the legislature, and not have been removed from the o≈ce by impeachment. Once elected
he or she is granted immunity for all o≈cial acts; however, the constitution provides for
impeachment by a majority of the members of the legislature. According to article 61, the
president has supreme command of the country’s defense, as regulated by law. A 1996
amendment gives the president authority to administer such law during “a Non-Party Care-
Taker Government” between parliaments.

Prime Minister and Cabinet. The president appoints as prime minister a member of the legisla-
ture “who appears to him to command the support of the majority of the members.” He or she
also appoints the ministers of state to serve as the other members of the cabinet, as well as the
deputy ministers, nine-tenths of whom must be members of the legislature and one-tenth of
whom may be chosen from persons eligible for election to the legislature. All executive acts are
taken in the name of the president, but the cabinet is collectively responsible to the legislature.

B A N G L A D E S H 41
The Legislature Parliament. Legislative power in Bangladesh is vested in a unicameral parliament, the Jatiya
Sangsad (“house of the nation”). It consists of 300 members elected for five-year terms,
unless dissolved earlier, directly from single territorial constituencies. By amendment in 1990
a minimum of thirty seats are reserved for women; and in 2004 forty-five special seats were
reserved for women after the next election.
To be elected, a person must be a citizen and at least twenty-five years old; he or she may
not have been legally declared of unsound mind, “an undischarged insolvent,” a citizen of a
foreign state, convicted of certain crimes, or otherwise disqualified. No person may be a
member of parliament from two constituencies at the same time but may run in more than
one constituency. Once elected, members are granted certain privileges and immunities.
The president summons parliament to session and may address the body or send it
messages. At the first sitting a speaker and deputy speaker are elected from among the
members; they hold o≈ce until a successor is chosen. Parliament makes its own rules of
procedure and is required at the least to appoint a public accounts committee and a
committee of privileges.
Sixty members constitute a quorum, and, unless otherwise specified in the constitution,
decisions are made by a majority vote of those present and voting, with the presiding
member voting only in the case of a tie. All laws begin as bills in parliament and after
passage require the assent of the president; except that if the president returns any bill
other than a money bill, and the bill is passed again by a majority vote of the total member-
ship, it becomes law even without the president’s assent. Money bills may be introduced only
on the recommendation of the president.

Ombudsman. Article 77 authorizes an o≈ce of ombudsman.

The Judiciary
Supreme Court. Article 94(1) provides that “there shall be a supreme court for Bangladesh (to be
known as the supreme court of Bangladesh) comprising the appellate division and the high
court division.” Under article 100, the permanent seat of the supreme court is the capital. An
amendment in 1988 to establish six new permanent benches of the high court outside the
capital was struck down as unconstitutional because it was beyond the authority conferred by
the constitution. This was the first instance in which an amendment was rejected by the court.
The chief justice and other judges are appointed by the president, and article 94(4)
provides that they “shall be independent in the exercise of their judicial functions.” An
amendment in 2004 raised the age of mandatory retirement from sixty-five to sixty-seven.
A judge may not be removed except by the president on the recommendation of a judicial
council consisting of the chief justice and the two next most senior judges. The council is
also required to establish a code of conduct for judges.
The appellate division has jurisdiction to hear appeals from the high court division, and
an appeal lies as a matter of right in cases involving the interpretation of the constitution,
sentences of death or life imprisonment, or contempt of court. The high court has original,
appellate, and other jurisdiction and may fashion remedies in cases involving enforcement
of the fundamental rights in part 3 of the constitution. The president is authorized to
request advisory opinions of the supreme court.

Amending the Constitution According to article 142, a bill for an amendment must be passed by at least two-thirds of the
members of parliament and becomes e∑ective with or without the president’s assent.
However, amending the preamble or articles 8 (fundamental principles), 48 (the president),
56 (prime minister and ministers), or 142 (amendments) requires a referendum on whether
the president should assent to it. The president will be deemed to have assented if the
majority of the total votes cast are for him or her to assent.

42 B A N G L A D E S H
The terrorist attacks against the United States on September 11, 2001, led to the invasion of A F G H A N I S TA N
Afghanistan by an international coalition of forces to root out the terrorist organization al
Qaeda and its leader Osama bin Laden. In the subsequent attempt at nation-building, a new
constitution was adopted and the country’s first presidential elections were held in 2004.

The Islamic Republic of Afghanistan in southwestern Asia is bounded on the north by General Information
Turkmenistan, Uzbekistan, and Tajikistan; on the northeast, with a narrow border, by China;
on the southeast and south by Pakistan; and on the west by Iran. Some 647,500 square kilo-
meters in area, the nation’s population of approximately 30 million people is divided ethni-
cally into 44 percent Pashtun, 25 percent Tajik, 10 percent Hazara, and 8 percent Uzbek.
Kabul is its capital.
Afghanistan’s chief crops are wheat, fruits, nuts, and increasingly, opium. The country’s
major natural resources include natural gas, crude oil, coal, and copper, and its major
trading partners are Pakistan, Japan, and India. Although initially considered by the inter-
national community as successfully on its way to a stable democratic government, as of the
end of 2006, there was a growing increase in violence that resulted in seventy suicide bombs
exploding and the death of some 1,500 people.

Type of Government: Islamic Republic, with a president, a council of ministers, a bicameral

legislature, and a judiciary

Dates of Constitutions: 1921, 1923, 1931, 1964, 1977, 1980, 1985, 1993, and 2004

Early human ancestors lived in the territory now called Afghanistan some 30,000 years ago. Constitutional History
In the fourth century b.c., Alexander the Great overthrew the last of the Achaemenian
rulers of the region, and, after his death in 323 b.c., the Seleucid dynasty was established.
Four centuries later, the area was a part of a vast Kushan empire. A portion of the famous
commercial link between East and West, the Silk Road, ran through what is now
Afghanistan. Muslim armies tried to subdue the region in a.d. 642, but in the thirteenth
century, Genghis Khan was more successful. The eighteenth century saw the beginning of a
series of Afghanistan rulers, or shahs.
Internal and external threats to stability continued, however, with Persia threatening in
1837. Concerned about the growing influence of Russia over Persia, the British governor-
general of India, Lord Auckland, ordered the invasion of Kabul, thus shoring up Afghan
hegemony in the region. When British military presence ended in 1881, the modern era of
Afghanistan began with it becoming a bu∑er zone between Russia and British-occupied
India. Anti-British sentiment continued until independence was assured under the Treaty of
Rawalpindi, signed in 1919. A treaty of friendship with the newly established Soviet Union
around the same time inaugurated a long lasting relationship between the two countries.
The Afghan king, Amanollah, began a series of reforms by granting a constitution for the
nation in 1921 and 1923, but he was forced to step down just six years later when a Tajik rebel
conquered Kabul. A new leader was elected by a tribal assembly, and a new constitution was
promulgated in 1931. Prime Minister Shah Mahmud instituted free elections, a free press, and
a functioning parliament from 1946 to 1952, before a coalition of conservatives and religious
leaders seized power. During the Cold War, Afghanistan attempted to play the Western
nations against the Soviet Union, and, in 1964, the equivalent of a national parliamentary
body, the Grand Assembly, or Loya Jirga, promulgated a new constitution that created a
constitutional monarchy with a bicameral legislature.
Revolts against social reforms, assumed to be inspired by Marxist-Leninist propaganda,
broke out in the late 1970s, leading to intervention by the Soviet Army. In response, Islamic

A F G H A N I S T A N 1
 resistance groups, called the mujahhideen (those taking part in jihad), were formed. A civil
war ensued o∑ and on until 2001, although the Soviet Army left in early 1989. In 1994, a new
militant religious group, the Taliban (“students”), with support from Pakistan, sought to
rule Afghanistan. After the terrorist attacks against the United States on September 11, 2001,
the Taliban refused to extradite Osama bin Laden, the leader of the Afghanistan-based
terrorist organization, al Qaeda, thus triggering the invasion and occupation of the country
by U.S. and allied forces in November of that year.
During the continuing occupation, a new transitional government was installed in accor-
dance with the Bonn Agreement of December 2001, which had been worked out among
representatives of the anti-Taliban forces and the international community. A new consti-
tution was then drafted and ratified by the Afghan National Assembly on January 4, 2004.

Influences The 2004 constitution was the product of a constitutional drafting commission that took
into consideration the political, social, cultural, and economic history of the country, as well
as earlier constitutions of Afghanistan and the constitutions of other Islamic nations.

T H E C O N S T I T U T I O N After “In the name of God, the merciful, the Compassionate,” the formal preamble begins:
“We the people of Afghanistan: . . . [w]ith firm faith in God Almighty and relying on His
mercy, and Believing in the Sacred religion of Islam, . . . [o]bserving the United Nations
Charter and respecting the Universal Declaration of Human Rights [of 1948], . . . [h]ave
adopted this Constitution in compliance with historical, cultural, and social requirements
of the era, through our elected representatives in the Loya Jirga dated January 3, 2004, in the
city of Kabul.”
Article 1, of chapter one, “The State,” declares that “Afghanistan is an Islamic Republic,
independent, unitary and indivisible State.” Islam is acknowledged as the sacred religion of
the nation, and no law “can be contrary to the sacred religion of Islam and the values of
[the] Constitution.” The state undertakes to create a prosperous and progressive society,
abide by the U.N. charter and the Universal Declaration of Human Rights, and to “take
steps to prevent all types of terrorist activities and the production and smuggling of
narcotics.” According to article 16, Pashtu and Dari are the o≈cial languages of the state,
and “[p]ublications and radio and television broadcasting are free in all languages spoken
in the country.”

Fundamental Rights
Chapter two contains the fundamental rights and duties of citizens. Equal rights for all citi-
zens is espoused, and discrimination and privilege are prohibited. “Life is a gift of God and
a natural right of human beings.” “Liberty is the natural right of human beings,” and
“[i]nnocence is the original state.” In general, articles 22 to 31 extend rights to those arrested
or accused of crimes. Freedom of expression is declared to be inviolable, and freedom to
demonstrate, unarmed, and confidentiality of correspondence and communication are
protected. Other rights guaranteed to some degree include freedom from unwarranted
searches and seizures, freedom to travel, and freedom to own immovable property. However,
“[e]very Afghan is obligated to pay taxes.”
Education is a guaranteed right “and shall be provided up to the secondary level, free of
charge by the state.” Under article 44, the state undertakes “programs for balancing and
promoting education for women, improving education of nomads and eliminating illit-
eracy.” Work is the right of every citizen, and forced labor is forbidden, except “in time of
war, calamity, and other situations threatening lives and public welfare.” The constitution
also provides for compensation for those who su∑er harm from government action.
Article 52 extends preventive health care and medical treatment to all citizens, and article
53 guarantees the rights of pensioners and to provide assistance to the needy, including the

2 A F G H A N I S T A N
elderly, “women without caretakers,” and orphans. A human rights commission is estab-
lished under the constitution and anyone can submit a complaint based on a violation of his
or her fundamental rights to such commission.

Chapter three, “The Presidency,” states: “The president is the head of the state . . . , and exer- Division of Powers
cises authority in executive, legislative, and judicial branches in accordance with the provi-
sions of this constitution.” However, article 116 states that the “judiciary is an independent
organ of the state,” and, according to article 110, the nation’s “highest manifestation of the will
of the people” is the Loya Jirga, which is composed of members of the national legislature,
local authorities, members of the national government, and supreme court justices.

President and Vice Presidents. The president is the chief executive, and, according to article The Executive
60, he or she “is responsible to the Nation.” There are two vice presidents. Qualifications for
the o≈ces include being a citizen of Afghanistan, a Muslim, born of Afghan parents, and not
having citizenship of any other country; being at least forty years old; and not having been
convicted of crimes against humanity or other crimes.
The president is elected by “more than fifty percent of the votes cast through free, general,
secret, and direct voting.” If no candidate receives over fifty percent of the vote, a run-o∑
election is held for the two candidates with the most votes. A president is elected for a five-
year term of o≈ce and is limited to two terms.
Under article 64, the duties of the president, who is the commander-in-chief of the armed
forces, include supervising the enforcement of the constitution, defending the integrity of
the territory and protecting independence of the state, and convening the Loya Jirga. With
the approval of the legislature, the president sets forth fundamental policies for the country;
sends troops to foreign countries; declares “war and ceasefire” and states of emergency; and
appoints ministers and members of the supreme court, as well as o≈cers of the armed
forces, police, national security personnel, and other “high ranking o≈cials in accordance
with the law.” He or she also has authority to approve laws and decrees, reduce sentences or
grant pardons, and issue medals and honorary titles, in accordance with the law.
The president can be impeached by one-third of the members of the lower house or
“House of the People,” and if “two-thirds . . . vote for charges, . . . a Loya Jirga” is to be
convened within one month. If that body agrees with the charges by a two-thirds vote, the
matter is referred to a special ad hoc court composed of members of the lower house and
the supreme court.

Council of Ministers. The government consists of a council of ministers nominated by the The Legislature
president and approved by the legislature, or National Assembly. The chair of the council is
the president.

The National Assembly is the highest legislative body, and, pursuant to article 81, “[e]very
member . . . shall cast his vote concerning the general welfare and the supreme interests of
all the people of Afghanistan.” The National Assembly consists of the Wolesi Jirga, or House
of the People, and the Meshrano Jirga, or House of the Elders. The members of the first
house are elected by the people for a five-year term of o≈ce in free, general, secret, and direct
elections. Members of the second house are elected and appointed, some from local coun-
cils and some by the president—50 percent of whom must be women—for terms of three,
four, and five years.
The National Assembly’s powers include ratifying, modifying, or abrogating laws and
decrees; approving national development plans and the state budget; establishing or modi-
fying administrative units; and ratifying treaties. The powers of the House of the People

A F G H A N I S T A N 3
 include questioning ministers, having final approval on development plans and the budget
in case of any disagreement between the houses of the legislature, and approving appoint-
ments under the constitution. This house functions as a parliamentary body with respect to
acting on matters presented to it, although both houses must approve laws and they must be
signed by the president. This house, alone, has the power to override a presidential veto of
a proposed law by a two-thirds majority vote.

Loya Jirga. “The Loya Jirga is the highest manifestation of the will of the people,” according
to article 110, and it consists of the members of the National Assembly; chairpersons of the
local councils; and ministers, the chief justice, and members of the supreme court. It is
convened only to decide on matters related to the supreme interests of the nation, such as
national sovereignty and integrity; to amend the constitution; and to impeach the president.

The Judiciary The “independent” judiciary is composed of a supreme court, appeals court, and other
courts, “the structure and jurisdiction of which are determined by law.” Courts are open to
the public and are required by the constitution to state the reasons for their verdicts. Final
judgments must be enforced, except in capital punishment cases, “which are subject to
approval of the president.”

Supreme Court. The supreme court is the highest judicial body and is composed of nine
members appointed for staggered ten-year terms by the president, with the approval of the
House of the People. The president also designates the chief justice.
Qualifications for a justice on the supreme court include being not less than forty years
old and a citizen of Afghanistan, having a higher education in law or in Islamic jurispru-
dence and a “high moral character and good reputation,” and not having been convicted of
certain crimes. Once appointed, a justice may not be “a member of any political party
during the term of o≈cial duty.”
A justice may only be removed pursuant to impeachment proceedings under article 127,
which requires more than one-third of the members to demand a trial based on “a crime
committed during the performance of their duty,” and then a two-thirds vote to be removed
from o≈ce and to be tried in a special, ad hoc, court.

Amending the Constitution No amendment can a∑ect adherence to Islam or the republican form of government. In all
other cases, the president or a majority of the National Assembly may propose an amend-
ment. The president then appoints a commission from among the members of the govern-
ment, national legislature, and the supreme court that prepares a draft of the proposed
amendment. The Loya Jirga is then convened by the president, and, if the amendment is
approved by a two-thirds majority of that body, “it shall be enforced after endorsement by
the president.” Amendments to fundamental rights, however, may only be enhanced.

Transitional Provisions Article 156 mandates: “The title of the Father of the Nation and the privileges granted by the
emergency Loya Jirga . . . (2002) to His Majesty Mohammad Zahir former king of Afghan-
istan are preserved for him during his lifetime.”

4 A F G H A N I S T A N