Constitution of Bangladesh

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The Constitution of Bangladesh (an!la: Bangladesh Shongbidhan"
is the supreme law of an!ladesh# $t declares an!ladesh as a secular democratic
repu%lic where soverei!nty %elon!s to the people&
[']
and lays down the framework
definin! fundamental political principles of the state and spells out the fundamental ri!hts
of citi(ens# )assed %y the *onstituent Assem%ly of an!ladesh on +ovem%er ,, '-./, it
came into effect from 0ecem%er '1, '-./, the day commemorated as 2ictory 0ay in the
country, markin! the defeat of the )akistan Army in the an!ladesh 3i%eration War# The
constitution declares an!ladesh to %e a unitary, independent and soverei!n 4epu%lic,
founded on a stru!!le for national li%eration, which will %e known as the )eople5s
4epu%lic of an!ladesh# $t pled!es nationalism, democracy, socialism and secularity as
the fundamental principles definin! the 4epu%lic and declares the pursuit of a society that
ensures its citi(ens6 the rule of law, fundamental human rights and freedoms as well as
equality and justice, political, economic and social.
[/][7][,]
When enacted in '-./, the *onstitution of an!ladesh was hailed %y international 8urists
and le!al historians and as one of the most pro!ressive and democratic constitutions in
modern history and one that inspired pro!ressive political aspirations amon! third world
countries and populations stru!!lin! for self6determination#
[citation needed]
$n '-.., durin! the
military rule of president 9iaur 4ahman, secularism, one of the principles of state policy,
was chan!ed to :a%solute trust and faith in the Almi!hty Allah: (the other principles of
nationalism, democracy and socialism were retained"#
[;]
$n Au!ust, /<<;, the an!ladesh
=i!h *ourt ruled that constitutional amendments durin! military rule were ille!al and
unconstitutional, and hence nullified# After several le!al protests, the an!ladesh
>upreme *ourt, in ?anuary, /<'<, upheld the earlier verdicts of the =i!h *ourt#
[1]
The
8ud!ement of an!ladesh5s hi!hest courts paved way for the return of the ori!inal nature
of the constitution, that defines an!ladesh as a secular democracy#
[.]
Contents
[hide]
' ack!round and >pirit
/ )ream%le
o /#' Full Te@t
7 Or!ans of the >tate
, Articles
o ,#' )art $: The 4epu%lic
o ,#/ )art $$: Fundamental principles of state policy
; Amendments
o ;#' >ummary of amendments
o ;#/ Fifth Amendment almost repealed
1 4eferences
. A@ternal links
Background and Spirit
See Also: Six point movement, Bengali anguage !ovement, Bangladesh iberation "ar
The ideals of the an!ladesh li%eration movement inspired the formulation of the
*onstitution of an!ladesh
an!ladesh was esta%lished after Aast )akistan %roke away from )akistan in '-.' after a
twenty five year union that saw widespread economic and political discrimination a!ainst
the ethnic en!ali ma8ority& suppression of the secular en!ali culture and lin!uistic
herita!e& and military rule# $n the early years of )akistan5s independence, en!alis
protested a!ainst attempts %y West )akistan to impose Brdu, a lan!ua!e remote to the
eastern $ndian su%continent, as the sole state lan!ua!e of )akistan# The su%seCuent
en!ali 3an!ua!e Dovement in '-;/ !ave rise to en!ali lin!uistic and cultural
nationalism in the province of Aast en!al, as opposed to $slamic nationalism in the rest
of )akistan# en!ali resentment a!!ravated over the years as the democratically elected
provincial !overnments in Aast en!al were dismissed, the name of the province was
chan!ed to Aast )akistan, !reater discrimination prevailed in recruitment and promotions
in the civil services and armed forces, harsher restrictions were imposed on secular
en!ali culture, economic disparity %etween Aast and West )akistan widened and the
increased suppression on en!ali political parties and leaders %y the )akistani military
and its $slamic fundamentalist allies#
[E]
$n the late '-1<s, the main en!ali political party, the Awami 3ea!ue, proposed the >i@
)oint demands as the %asis for a new constitution in )akistan# 0rafted %y leadin! en!ali
intellectuals and nationalists 4ehman >o%han, Fovinda *handra 0ev, Dohammad
>hamsu((oha, Gamal =ossain and Ta8uddin Ahmad, the si@ points envisioned )akistan
as a parliamentary democracy where supremacy lies with a le!islature directly elected on
the %asis of universal suffra!e# The >i@ )oints were also %ased on the Two Aconomies
Theory also evoked, amon! en!alis, a nationalistic reminiscence similar to that of the
Two6+ation Theory, that drove the foundin! of )akistan# $t served as the economic
8ustification for en!ali nationalism and independence from the feudal and military
esta%lishment of West )akistan# The >i@ point movement would %e spearheaded %y the
charismatic Awami 3ea!ue leader >heikh Du8i%ur 4ahman in a popular movement that
en!ulfed the entire province of Aast )akistan# Afterwards, >heikh Du8i% alon! with
senior leadership of the Awami 3ea!ue, would %e arrested and tried for treason in the
A!artala *onspiracy *ase# >heikh Du8i% also placed the proposals at a meetin! in '-11,
%etween )resident Ayu% Ghan and all other opposition parties# The proposals were
re8ected %y Ayu% Ghan and all ma8or West )akistan %ased political parties#
[-]
The tensions provoked %y the >i@ point movement would contri%ute to the fall of the
Ayu% Ghan re!ime and lead to the '-.< elections, which were overwhelmin!ly won %y
the Awami 3ea!ue#
['<]
The su%seCuent refusals %y the )akistani military to hand over
power to the Awami 3ea!ue eventually culminated in the an!ladesh 3i%eration War#
0urin! the war the )akistani military a!ain imposed martial law and committed wide
spread atrocities a!ainst the en!ali population# They were aided %y $slamic
fundamentalist parties and militias# The war ended in 0ecem%er, '-.' with the victory of
en!ali nationalists and emer!ence of an!ladesh#
['']
$n '-./, the 7<< mem%ers elected
to the Aast )akistan 3e!islative Assem%ly in the '-.< elections, were made mem%ers of
the *onstituent Assem%ly of an!ladesh# An all6party committee (e@cept $slamic
fundamentalist parties" headed %y 0r# Gamal =ossain, the Dinister of 3aw in the new
!overnment, was tasked to draft the constitution of the new country# The constitution
draftin! committee consisted of mem%ers of all parties in the constituent assem%ly,
includin! the Awami 3ea!ue, +ational Awami )arty, ?atiya >ama8tantrik 0al and the
seven independent lawmakers#
The constitution draftin! committee would take inspiration from the intellectual thou!ht
that drove the >i@ point movement and the li%eration war& the herita!e of democratic
stru!!le %y en!alis in the $ndian >u%continent, durin! %oth the ritish 4a8 and the
)akistan era& and the secular en!ali culture in formulatin! the constitution# The drafters
of the constitution also identified the features of the )akistani state that created
widespread discontent in its population, particularly the en!alis# One such feature was
the reli!ion %ased polity that !ave opportunity to the military to influence politics# They
also felt that reli!ious nationalism failed to esta%lish a sustaina%le state in )akistan#
Geepin! in mind the lack of democracy and powerful influence of the military in
)akistan, the drafters of the constitution envisioned an!ladesh as a secular democracy,
in order to esta%lish a pro!ressive and sustaina%le state#
['/]
The secular nature of en!ali
culture also served as an important motivation in inspirin! a secular state for an!ladesh#
Preamle
The pream%le to the *onstitution of an!ladesh is the introductory statement that sets out
the !uidin! purpose and principles of the document# The pream%le is not an inte!ral part
of the constitution in the sense that it is enforcea%le in a court of law#
)rime Dinister >heikh Du8i%ur 4ahman si!nin! the constitution into law on 2ictory
0ay, '-./
Full !ext
We, the people of an!ladesh, havin! proclaimed our $ndependence on the /1th day of
Darch, '-.' and throu!h a historic stru!!le for national li%eration, esta%lished the
independent, soverei!n )eople5s 4epu%lic of an!ladesh&
)led!in! that the hi!h ideals of nationalism, democracy, socialism and secularity, which
inspired our heroic people to dedicate themselves to, and our %rave martyrs to sacrifice
their lives in the stru!!le for national li%eration, shall %e fundamental principles of the
*onstitution&
Further pled!in! that it shall %e a fundamental aim of the >tate to realise throu!h the
democratic process, a socialist society free from e@ploitation, a society in which the rule
of law, fundamental human ri!hts and freedoms, eCuality and 8ustice, political, economic
and social, will %e secured for all citi(ens&
Affirmin! that it is our sacred duty to safe!uard, protect and defend this *onstitution and
to maintain its supremacy as the em%odiment of the will of the people of an!ladesh so
that we may prosper in freedom and may make our full contri%ution towards international
peace and co6operation in keepin! with the pro!ressive aspirations of mankind&
$n our *onstituent Assem%ly, this ei!hteenth day of Gartick, '7.- #> correspondin! to
the fourth day of +ovem%er, '-./ A#0#, do here%y adopt, enact and !ive to ourselves this
*onstitution#
"rgans of the State
As per the constitution of the repu%lic it comprises three %asic or!ans:
'# 3e!islative ranch
/# A@ecutive ranch
7# ?udicial ranch
Articles
The constitution of an!ladesh is divided into '' parts, which are further su%divided into
';7 articles# $n addition, there are , schedules#
Part #$ !he %epulic
This section defines the nature of the country, its state reli!ion and other national issues#
Accordin! to it, )eoples 4epu%lic of an!ladesh is a unitary repu%lic consistin! of the
territories of the former Aast )akistan and also included territories (some enclaves
e@chan!ed with $ndia"# The state reli!ion is $slam, %ut all other reli!ions can %e practised
in peace and harmony# The state lan!ua!e is an!la and the national anthem is the first
ten line of the son! Amar >onar an!la written %y 4a%indranath Ta!ore# The national
fla! is a red circle on a !reen %ack!round# The national em%lem is the national flower
>hapla (nympoea6nouchali" restin! on water, havin! on each side and ear of paddy and
%ein! surmounted %y three connected leaves of 8ute with two stars on each side of the
leaves# This section also mandates that the portrait of prime minister must %e displayed in
all !overnment, semi6!overnment and autonomous offices# The capital of the country is
0haka# The citi(ens are to %e known as an!ladeshis#
Finally )art $ asserts that all power %elon! to the people and the constitution, %ein! the
supreme law of the country, will supersede any other laws and re!ulations#
Part ##$ Fundamental principles of state policy
This part descri%es the fundamental principles# The ori!inal '-./ constitution had , %asic
principles: >ecularity, +ationalism, 0emocracy and >ocialism (meanin! economic and
social 8ustice for all"# =owever, later amendments replaced >ecularity with :A%solute
trust and faith in the Almi!hty Allah shall %e the %asis of all actions#:
['7]
)art $$5s article -, '<, and '' declares the ri!hts of the people# Article - provides
!uidelines for Cuotas for the underrepresented communities, women, and peasants#
Article '< states the eCual ri!hts of women# Article '' states that an!ladesh would %e a
democracy, with !uaranteed human ri!hts# Article '7, ',, ';, and '1 deal with principal
of ownership, emancipation of workers and peasants, provision of %asic necessities, and
rural development# Article '. states that the %asic education will %e free and compulsory
for all children# The remainin! articles ('E6/;" provide various !uarantees for pu%lic
health and morality, eCuality of opportunity, work as a ri!ht and duty, duties of citi(ens
and of pu%lic servants, separation of ?udiciary from the e@ecutive, national culture,
national monuments, and promotion of international peace, security and solidarity,
respectively#
Amendments
As of /<'' the *onstitution of the )eople5s 4epu%lic of an!ladesh has %een amended ',
times#
Summary of amendments
First Amendment$ The *onstitution (First Amendment" Act '-.7 was passed on '; ?uly
'-.7# $t amended Article ,. of the *onstitution %y insertin! an additional clause which
allowed prosecution and punishment of any person accused of 5!enocide, crimes a!ainst
humanity or war crimes and other crimes under international law5# A new Article ,.A
was also inserted, makin! certain fundamental ri!hts inapplica%ile in those cases#
Second Amendment$ The *onstitution (>econd Amendment" Act '-.7 was passed on
// >eptem%er '-.7# This act:
amended Articles /1, 17, ./ and ',/ of the *onstitution&
replaced Article 77& and
inserted a new part ()art $HA"#
)rovision was made throu!h this amendment for the suspension of certain fundamental
ri!hts of citi(ens durin! an emer!ency#
!hird Amendment$ The *onstitution (Third Amendment" Act '-., was enacted on /E
+ovem%er '-.,# This amendment altered Article / of the *onstitution to !ive effect to an
a!reement %etween an!ladesh and $ndia for the e@chan!e of certain enclaves, and the
fi@in! of %oundary lines %etween the two countries#
Fourth Amendment$ The *onstitution (Fourth Amendment" Act '-.; was passed on /;
?anuary '-.;# Da8or chan!es were %rou!ht into the *onstitution %y this amendment:
a presidential form of !overnment was introduced in place of the parliamentary
system&
a one6party system was introduced in place of a multi6party system&
the powers of the ?atiya >an!sad were curtailed&
the term of the first ?atiya >an!sad was e@tended&
the 8udiciary lost much of its independence& and
the >upreme *ourt was deprived of its 8urisdiction over the protection and
enforcement of fundamental ri!hts#
This Act:
amended articles '', 11, 1., ./, .,, .1, E<, EE, -;, -E, '<-, ''1, ''., ''-, '//,
'/7, ','A, ',. and ',E of the *onstitution&
replaced Articles ,,, .<, '</, ''; and '/,&
repealed )art $$$ of the *onstitution&
altered the Third and Fourth >chedules&
inserted a new part ()art 2$A"& and
inserted new articles .7A and ''1A#
Fifth Amendment$ The Fifth Amendment Act was passed %y the ?atiya >an!sad on 1
April '-.-# This Act amended the Fourth >chedule to the *onstitution %y insertin! a new
para!raph 'E# The effect of the amendment was that all amendments or repeals made in
the *onstitution from '; Au!ust '-.; to - April '-.- (inclusive" %y any proclamation or
)roclamation Order of the Dartial 3aw Authorities were deemed to have %een validly
made, and could not %e called into Cuestion %efore any court or tri%unal or other
authority# (>ee also the >eventh Amendment#"
Sixth Amendment$ The >i@th Amendment Act was enacted %y the ?atiya >an!sad& it
amended Articles ;' and 11 of the *onstitution#
Seventh Amendment$ The >eventh Amendment Act was passed on '' +ovem%er '-E1#
$t amended Article -1 of the *onstitution& it also amended the Fourth >chedule to the
*onstitution %y insertin! a new para!raph '-, which amon!st other thin!s provided that
all proclamations, proclamation orders, *hief Dartial 3aw Administrator5s Orders,
Dartial 3aw 4e!ulations, Dartial 3aw Orders, Dartial 3aw $nstructions, ordinances and
other laws made from /, Darch '-E/ to '' +ovem%er '-E1 (inclusive" had %een validly
made, and could not %e called into Cuestion %efore any court or tri%unal or other
authority# (>ee also the Fifth Amendment#"
Eighth Amendment$ The Ai!hth Amendment Act was passed on . ?une '-EE# $t
amended Articles /, 7, ;, 7<, and '<< of the *onstitution# This Amendment:
declared $slam as the state reli!ion&
decentralised the 8udiciary %y settin! up si@ permanent %enches of the =i!h *ourt
0ivision outside 0haka&
su%stituted the term 5en!ali5 with 5an!la5, and chan!ed 50acca5 to 50haka5, in
Article ; of the *onstitution&
amended Article 7< of the *onstitution %y prohi%itin! the acceptance of any title,
honours, award, or decoration from any forei!n state %y any citi(en of an!ladesh
without the prior approval of the president#
The amendment of Article '<< was su%seCuently declared invalid %y the >upreme *ourt,
as it altered the %asic structure of the constitution#
&inth Amendment$ The *onstitution (+inth Amendment" Act '-E- was passed in ?uly
'-E-# This amendment provided for the direct election of the 2ice6)resident& it restricted
a person in holdin! the office of the )resident for two consecutive terms of five years
each& and it provided that a 2ice6)resident mi!ht %e appointed in case of a vacancy in the
office of )resident, %ut that such an appointment must %e approved %y the ?atiya >an!sad#
!enth Amendment$ The Tenth Amendment Act was enacted on '/ ?une '--<# Amon!st
other thin!s, it amended Article 1; of the *onstitution, providin! for the reservation of
thirty seats in the ?atiya >an!sad e@clusively for women mem%ers# The reservation was to
last for '< years, with the mem%ers holdin! the reserved seats to %e elected %y the
mem%ers of the >an!sad#
Eleventh Amendment$ The Aleventh Amendment Act was passed on 1 Au!ust '--'# $t
amended the Fourth >chedule to the *onstitution %y addin! a new para!raph /',
validatin! the appointment and oath as 2ice )resident of >haha%uddin Ahmed (*hief
?ustice of an!ladesh", and the resi!nation tendered to him on 1 0ecem%er '--< %y the
then )resident =ussain D Arshad# This Act ratified, confirmed and validated all powers
e@ercised, all laws and ordinances promul!ated, all orders made and acts and thin!s done,
and actions and proceedin!s taken %y the 2ice )resident as actin! )resident from 1
0ecem%er '--< to - Octo%er '--' (when A%dur 4ahman iswas %ecame )resident
followin! his election"# The Act also confirmed and made possi%le the return of 2ice
)resident >haha%uddin Ahmed to his previous office as *hief ?ustice of an!ladesh#
!'elfth Amendment$ The Twelfth Amendment Act, passed on 1 Au!ust '--' and
approved %y referendum in >eptem%er, %rou!ht a%out a fundamental chan!e to
an!ladesh5s constitutional arran!ements# $t amended Articles ,E, ;;, ;1, ;., ;E, ;-, 1<,
.<, ./, '<-, ''-, '/,, ','A, and ',/ of the *onstitution with the followin! results:
the parliamentary form of !overnment was re6introduced&
the )resident %ecame the constitutional head of the state&
the )rime Dinister %ecame the head of the e@ecutive&
the ca%inet headed %y the )rime Dinister %ecame responsi%le to the ?atiya
>an!sad&
the position of 2ice )resident was a%olished&
the office of )resident now %ecame elected %y the mem%ers of the ?atiya >an!sad#
Throu!h the amendment of Article ;- this amendment also ensured the participation of
the people5s representatives in local !overnment %odies, thus sta%ilisin! the %ase of
democracy in the country#
!hirteenth Amendment$ The *onstitution (Thirteenth Amendment" Act '--1 was
passed on /1 Darch '--1# $t provided for a non6party caretaker !overnment which,
actin! as an interim !overnment, would !ive all possi%le aid and assistance to the
Alection *ommission for holdin! the !eneral election of mem%ers of the ?atiya >an!sad
peacefully, fairly and impartially# The non6party caretaker !overnment, comprisin! the
*hief Adviser and not more than '< other advisers, would %e collectively responsi%le to
the president and would stand dissolved on the date on which the )rime Dinister entered
upon his office after the constitution of the new >an!sad#
[',]
Fourteenth Amendment$ The *onstitution (Fourteenth Amendment" Act, /<<, was
passed on '1 Day /<<,# This amendment amended several articles of the *onstitution:
a new Article ,A was inserted, for the preservation and display of the portraits of
the )resident and the )rime Dinister&
clause (7" of Article 1; was amended re!ardin! the seats reserved e@clusively for
women mem%ers in the )arliament&
Articles -1 ('", '/-, and '7- were amended to raise the retirement a!e of the
?ud!es of the >upreme *ourt, the Auditor Feneral, and the *hairman and other
mem%ers of the )u%lic >ervice *ommission ()>*"& and
Article ',E was amended, to provide for the administration of the oath to newly6
elected mem%ers of )arliament %y the *hief Alection *ommissioner#
Fifth Amendment almost repealed
$n '-.., when an!ladesh was under martial law, )resident and *hief Dartial 3aw
Administrator Da8or Feneral 9iaur 4ahman passed a presidential decree that removed
the principle of secularism from the permea%le of the constitution and instead of it,
placed #absolute trust and faith in the Almighty Allah## The decree was later le!itimi(ed
%y the second parliament of an!ladesh#
$n ?anuary, /<'<, the an!ladesh >upreme *ourt o%served that parliament does not
possess any authority to suspend the constitution and proclaim martial law and hence, it
cannot le!itimi(e actions of martial law re!imes# The 8ud!ment paved way for restorin!
the ori!inal four fundamental principles declared in the permea%le of the constitution,
includin! secularity#
[';]['1]
The >upreme *ourt followed with a ?uly /<'< rulin! scrappin! provisions which allowed
reli!ious parties to flourish after '-.-# The rulin! is e@pected to pave the way for a return
to complete secularism in an!ladeshi law#
['.]
%eferences
'# ( http:IIwww#%dnews/,#comIdetails#phpJcidK/LidK'.;/.'Lh%K,
/# ( http:IIwww#thedailystar#netInew0esi!nInews6details#phpJnidK'/,1,'
7# ( http:IIwww#thedailystar#netInew0esi!nInews6details#phpJnidK'/,1,<
,# ( http:IIwww#pmo#!ov#%dIpmoli%IconstitutionI
;# ( +) to work on pu%lic sentiment
1# ( http:IIwww#thedailystar#netInew0esi!nInews6details#phpJnidK'/<711
.# ( http:IIwww#thedailystar#netInew0esi!nInews6details#phpJnidK'/,1,<
E# ( http:IIwww#newa!e%d#comI/<<;IdecI'1IvdI<'#html
-# ( http:IIwww#cpd6%an!ladesh#or!IactivitiesIrsM%ookMlaunch#html
'<# ( (>ource F#W# *houdhury ('-.," The last days of Bnited )akistan p'/E6'/-"
''# ( (>ource F#W# *houdhury ('-.," The last days of Bnited )akistan p'/E6'/-"
'/# ( http:IIwww#newa!e%d#comI/<<;IdecI'1IvdI<'#html
'7# ( :*onstitution of an!ladesh: )art $$: Fundamental )rinciples of >tate )olicy:#
$hief Adviser%s &ffice# )rime Dinister5s Office# Fovernment of the )eople5s
4epu%lic of an!ladesh#
',# ( http:IIwww#%an!lapedia#or!IhttpdocsI=TI*M<771#=TD
';# ( http:IIwww#thedailystar#netInew0esi!nIlatestMnews#phpJnidK/'-./
'1# ( http:IIwww#thedailystar#netInew0esi!nIlatestMnews#phpJnidK/'-.-
'.# (
http:IIwww#!oo!le#comIhostednewsIafpIarticleIA3eCD;hM;TM%!%ToWaFCG/!@
HA*DFuy>o!
External links
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