Constitution of Bangladesh
Constitution of Bangladesh | ||
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Executive Prime Minister and cabinet responsible to the Jatiya Sangsad | | |
Judiciary | Supreme Court | |
Federalism | No | |
Electoral college | No | |
History | ||
Amendments | 17 | |
Last amended | 8 July 2018 | |
Location | Dhaka, Bangladesh | |
Author(s) | Dr Kamal Hossain Chairman of the Constitution Drafting Committee and other members of Constituent Assembly | |
Signatories | 404 members of the Constituent Assembly of Bangladesh | |
Supersedes | Proclamation of Bangladeshi Independence | |
Full text | ||
Constitution of the People's Republic of Bangladesh at Wikisource |
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The Constitution of Bangladesh (
.The four fundamental principles of the Constitution are nationalism,[1] socialism,[2] democracy[3] and secularism.[4] The Constitution endeavors to create a socialist society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, is secured for all its citizens. It commits Bangladesh to "contribute to international peace and co-operation in keeping with the progressive aspirations of mankind".[5][6]
It invokes constitutional supremacy, as opposed to
It was adopted by the Constituent Assembly of Bangladesh on 4 November 1972 and became effective on 16 December 1972. The Constitution replaced the Proclamation of Independence as the country's fundamental instrument of government. The Constitution became effective on Bangladesh's Victory Day, precisely one year after the signing of the Instrument of Surrender.[5] The constitution has been amended 17 times since its adoption, a two-thirds supermajority is required in the Jatiya Sangsad to secure a constitutional amendment.
Modern constitutional history
British India
The
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 Pakistan, in terms of the concept of independence.[9][10][11] On 20 June 1947, the Bengal Legislative Assembly voted on the partition of Bengal. It was decided by 126 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.[12] 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.[13]
Union with Pakistan
Section 8 of the
The
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. The committee included 34 members with Dr. Kamal Hossain as its chairman.[8]
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.
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 Aid was 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 was again imposed in the
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.[8] 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 the Caretaker 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.[15]
Contents
Preamble
BISMILLAH-AR-RAHMAN-AR-RAHIMIn the name of Allah, the Beneficient, the Merciful
In the name of the Creator, the Merciful.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 rights and 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.
The Constitution
Part I: The Republic
States that Bangladesh is a unitary republic.
Part II: Fundamental Principles of State Policy
States that nationalism, socialism, democracy and secularism are the fundamental principles of state policy.[6][1][2][3][4] Pledges to ensure the emancipation of peasants and workers.[26] States that education will be free and compulsory.[27] Endeavours to protect and improve the environment.[28] States that the Republic will ensure equality of opportunity to all citizens. States that endeavours will be made to ensure the equality of opportunity and participation of women in all spheres of life.[29] Declares the separation of powers between the judiciary and the executive.[30] States that measures will be adopted to conserve cultural traditions and the heritage of the people.[31][32] Ensures the protection of national monuments.[33] States that the Republic will promote international peace and to support oppressed people throughout the world.[34]
Part III: Fundamental Rights
Declares that all laws inconsistent with the fundamental rights of the Constitution are to be void.[35] Enshrines the principle of equality before the law.[36] Prohibits discrimination on the basis of religion, race, caste, sex or place of birth.[37] States that there will be equality of opportunity for people who seek public employment.[38] Prohibits citizens of the Republic from receiving foreign titles, honours, awards or decorations without prior approval by the President.[39] Declares that the protection of the law is the inalienable right of all citizens.[40] Proclaims that no person shall be deprived of life and personal liberty.[41] Provides safeguards for those in detention.[42] Prohibits the use of forced labour.[43] Provides protections for persons in respect of trial and punishment.[44] Enshrines freedom of movement;[45] freedom of assembly;[46] freedom of association;[47] freedom of thought, conscience and speech;[48] freedom of profession or occupation;[49] and freedom of religion.[50] States that all citizens have the right to acquire property.[51] States that all citizens have the right to protect their homes and means of communication.[52] Declares that the Supreme Court will enforce the fundamental rights of the Constitution.[53] Reserves the right to provide indemnity to individuals.[54]
Part IV: The Executive
Chapter I: The President
Declares that Bangladesh will have a President who will serve as Head of State of the Republic. States that the President will be elected by members of the Jatiya Sangsad. Prescribes that the President will only act in accordance with the advice of the Prime Minister, with the exception of the appointment of the Prime Minister and the Chief Justice. Specifies that the President must have attained the age of 35 years, and must be qualified for election as a Member of Parliament.[55] States that the President has the power to grant pardons and to commute or suspend the sentences of individuals convicted in a court.[56] Specifies that the President is limited to serving two 5-year terms in office, regardless of whether they are consecutive or not. Outlines that in order to tender their resignation, the President must write under their hand addressed to the Speaker.[57] Outlines the process of impeachment and removal from office of the President.[58] Specifies the process of removal from office of the President on grounds of physical or mental incapacity.[59] States that the Speaker will discharge the duties of President in the event of the President's absence.[60]
Chapter II: The Prime Minister and The Cabinet
States that the Republic is to have a Cabinet with the Prime Minister as its Head. Prescribes that the executive power of the Republic is to be exercised by or on the authority of the Prime Minister.[61] States that appointments to the Cabinet will be determined by the Prime Minister and made by the President. Specifies that not less than nine-tenths of members of the Cabinet must be Members of Parliament. States that the President will appoint as Prime Minister the Member of Parliament who appears to command the confidence of the Jatiya Sangsad.[62] States that the office of Prime Minister will become vacant in the event they: tender their resignation to the President; cease to be a Member of Parliament or cease to retain the confidence of the majority of members of the Jatiya Sangsad. There are no term limits specified for the Prime Minister.[63] Specifies the tenure of office of other Ministers.[64]
Chapter III: Local Government
Makes provision for democratically-elected local government in every administrative unit in the Republic.[65] States that powers exercised by local government will be delegated by Parliament.[66]
Chapter IV: The Defence Services
Declares that the
Chapter V: The Attorney General
States that the President will appoint someone who is qualified to serve as a Justice of the Supreme Court as Attorney General. States that in exercise of their duties, the Attorney General is entitled to attend the proceedings of any courts in the Republic.
Part V: The Legislature
Chapter I: Parliament
Proclaims that there will be a Parliament for Bangladesh known as the House of the Nation, which will be vested with the legislative powers of the Republic. States that Parliament will consist of 300 directly-elected members, while 50 seats will be reserved exclusively for women and will be allocated on a proportional basis.[70] Specifies that a person is required to be a citizen of Bangladesh who has attained the age of 25 years in order to qualify for election to Parliament. Also specifies the procedure to disqualify an individual from election to Parliament.[71] Outlines the procedure for a Member of Parliament to vacate their seat. States that a Member of Parliament who is absent from Parliament for 90 consecutive days will of vacated their seat.[72] States that Members of Parliament are entitled to remuneration.[73] Prescribes a penalty for Members of Parliament who take their seats or vote before reciting the oath of office.[74] States that a Member of Parliament who resigns from their party or votes against their party in Parliament will vacate their seat.[75] Allows candidates to stand for election in multiple constituencies, but in the event a single candidate is elected to more than one, they are required to vacate all but one seat.[76] Specifies that Parliament will be summoned, prorogued and dissolved by the President. States that Parliament will sit for a five-year term.[77] Decrees that at the commencement of the first session of Parliament after a general election and the commencement of the first session of Parliament every year, the President is to make an address to Parliament.[78] States that Ministers are entitled to address and take part in the proceedings of Parliament, but only Minister who are Members of Parliament are entitled to vote.[79] States that Parliament will, in its first sitting after a general election, elect a Speaker and Deputy Speaker among its members.[80] States that the individual presiding over proceedings is not entitled to vote unless there is an equality of votes. Specifies that the quorum of the Parliament will be 60 members.[81] States that Parliament will appoint among its members a number of standing committees.[82] Makes provision for the establishment of the office of the Ombudsman.[83] States that Members of Parliament are protected by parliamentary privilege. Prescribes that Parliament will have its own secretariat.[84]
Chapter II: Legislative and Financial Procedures
Outlines the
Chapter III: Ordinance Making Power
States that in the event that the Jatiya Sangsad is dissolved, and immediate action is necessary, the President may make or promulgate Ordinances.
Part VI: The Judiciary
Chapter I: The Supreme Court
Declares that there is to be a
Chapter II: Subordinate Courts
Makes provision for the establishment of subordinate courts in the Republic.[118] Outlines that the appointment of persons to offices in the judicial service or as magistrates exercising judicial functions will be made by the President.[119] States that the control and discipline of subordinate courts will be vested in the President and will be exercised in consultation with the Supreme Court.[120] States that all persons employed in the judicial service and all magistrates shall be independent in the exercise of their judicial functions.[121]
Chapter III: Administrative Tribunals
States that Parliament shall have the power to establish one or more administrative tribunals.
Part VII: Elections
Makes provision for the establishment of an Bangladesh Election Commission, chaired by the Chief Election Commissioner.[122] Prescribes the functions of the Election Commission.[123] Outlines the procedure for the appointment of staff to the election commission.[124] States that there is to be a single electoral roll for each constituency.[125] Specifies that in order to qualify for registration as a voter, an individual is required to be a citizen of Bangladesh who has attained the age of 18 years.[126] Outlines the timetable for conducting general elections.[127] States that Parliament may from time to time pass laws that regulate the delimitation of constituencies, the preparation of electoral rolls, or the holding of elections.[128] Prohibits courts in the Republic from questioning the validity of electoral law or elections.[129] States that it is the duty of all executive authorities in the Republic to assist the Election Commission in the discharge of its functions.[130]
Part VIII: The Comptroller and Auditor General
Makes provision for the establishment of a Comptroller and Auditor General of Bangladesh.[131] Prescribes the functions and duties of the Auditor-General.[132] Outlines the term of office for the Auditor-General.[133] Specifies the procedure for the appointment of an Acting Auditor-General.[134] States that the Public Accounts of the Republic will be kept in a manner prescribed by the Auditor-General.[135] States that the reports of the Auditor-General are to be laid before Parliament.[136]
Part IX: The Services of Bangladesh
Chapter I: Services
States that Parliament may by law regulate the appointment of persons employed by the Republic.[137] Specifies the tenure in office for persons employed by the Republic.[138] Outlines the procedure for the dismissal of persons from service to the Republic.[139] Makes provision for the reorganisation of the services of the Republic[140]
- Chapter II:Public Service Commissions
- Part X: Amendment of the Constitution
- Part XI: Miscellaneous
Freedom of religion
Freedom of religion is one of the cornerstones of Bangladesh's Constitution.[141] 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.[142] 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.[143] Governments have generally supported and respected religious freedom.[144]
International agreements
As of 2017, Bangladesh is a state party to the following international treaties concerning human rights.[145] Bangladesh can in theory be held liable for its performance in the fields of these treaties.
- International Covenant on Civil and Political Rights
- International Covenant on Economic, Social and Cultural Rights
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
- International Convention on the Elimination of All Forms of Racial Discrimination
- Convention on the Prevention and Punishment of the Crime of Genocide
- Rome Statute of the International Criminal Court
- Convention on the Rights of the Child
- Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages
- Convention on the Rights of Persons with Disabilities
- Convention on the Elimination of All Forms of Discrimination against Women
- Convention on the Political Rights of Women
Among the notable agreements Bangladesh is not a state party to include the following.
- Convention relating to the Status of Refugees
- Convention relating to the Status of Stateless Persons
- Convention on the Reduction of Statelessness
- International Convention for the Protection of All Persons from Enforced Disappearance
- Indigenous and Tribal Peoples Convention
- Second Optional Protocol to the International Covenant on Civil and Political Rights on abolishing the death penalty
Judicial precedent
Article 111 of the Constitution proclaims the doctrine of binding
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 authorities and lower court proceedings. Articles 7(2), 26, 44(1) & 102 are considered to indirectly support the system of judicial review.[147] Therefore, unlike the US Constitution, there is no countermajoritarian difficulty in the Constitution of Bangladesh.
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.[148] Hossain has blamed amendments during military rule for eroding the Constitution's principles.[148] Justice Muhammad Habibur Rahman, a former Chief Justice and interim prime minister, proposed that a Constitution Commission be formed to explore the prospects for Constitutional reform.[149]
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.[150]
Amendments
As of 2023[update], the Constitution of the People's Republic of Bangladesh has been amended 17 times.
Comparisons with other constitutions
Government | Influence |
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United Kingdom |
|
United States
|
|
Ireland | Directive principles of state policy |
Australia | Preamble terminology |
France | Concepts of liberté, égalité, fraternité |
Soviet Union | Fundamental Duties under article 20 |
Japan | Due process |
Bangladesh has a single codified document as its Constitution, as in the
See also
References
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- ^ a b "Article 12 of the Constitution of Bangladesh". Legislative and Parliamentary Affairs Division, Ministry of Law, Justice and Parliamentary Affairs. Retrieved 29 June 2021.
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- ISBN 978-1-317-55973-3.
- ISBN 978-0-521-47862-5.
- ISBN 978-1-107-06895-7.
- ISBN 978-0-521-30448-1.
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- ^ "Freedom of Religion: religious minority in Bangladesh - The Daily Star, Bangladesh". Thepersecution.org. Retrieved 11 July 2017.
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- ^ United States Department of State
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- ^ a b "Forum". The Daily Star. Archived from the original on 13 July 2017. Retrieved 11 July 2017.
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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.