report on bangladesh constitution -final
TRANSCRIPT
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Report on
Bangladesh Constitution Nature and Characteristic
Group: A
Introduction to Political Science
Faculty: MD.ASHIQUR RAHMAN
Section: 15
NO NAME ID
1. MD.FAYSAL RAHMAN 1420618030
2. SUBHA SINGHA 1420327030
3. MD.OMAR FARUK 1421477030
4. ADAMMA GOHEEN REZA 1420402030
5. JANNATUL FERDOUS ROSHNI 1420446030
6. MAHBUB AHMED 1421273030
7. ARIF BILLAH 1421008030
8. PARTHA LEONARD COSTA 1410947030
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TABLE OF CONTENT:
SECTION CONTENT PAGE NUMBER
1. Introduction 4-5
2. Genesis of constitution
a.History of Bangladesh
b.Constitution making process
c.
Dates and Timelines
d.Member of the committee
5-15
3. Nature and Structure
a.Divided into parts
b.Amendment till now
16-22
4.1 Main characteristic
a.Written
b.
Rigid
23-24
4.2 Other significant characteristic
a. Individuals rights
b.Functions of Government
24-26
5. Analysis
a. Analysis
b. Suggestions
26-28
6. Conclusion 28
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INTRODUCTION:
A constitution is a system of basic laws and principles for the Government of a nation. Itdiffers from an ordinary statute or law in that a statute must provide, at least to a certain
degree, the details of the subject it treats, whereas a constitution usually gives the
general principles, frame-work of the law and government.
Permanence and generality are the main characteristics of most of the
co ns ti tut io ns . As a ru le an d practice, a constitution does not deal in detail but
enunciates the general principles and directions. It is not practicable for a written constitution
to specify, in detail, all its aims, objects and purposes or the means by which they are to be
applied. In a democracy, the people are the most important factor, and a democratic
c o n s t i t u t i o n h a s t o b e f r a m e d a n d a m e n d e d f r o m t i m e t o t i m e
a c c o r d i n g t o t h e principles proposed by the people. Because they forge and drop this
instrument to assert their supremacy wherever it suits them. For what the will of the
people creates and it can also overthrow. The legislature is the fundamental organ of the
state and #the repository of the supreme will of society.
The constitution of the Peoples Republic of Bangladesh is a result of long epoch -
making struggle for national liberation and a product of a historic War for National
I n d e p e n d e n c e . A f t e r t h e s u c c e s s f u l e n d o f t h e w a r a l l , t h e
m e m b e r s o f t h e Constituent Assembly of Bangladesh sitting in a Session of the
Assembly set up The C o n s t i t u t i o n D r a f t i n g C o m m i t t e e f o r p r e p a r i n g a
dr af t co ns ti t ut io n an d fo r submission of the draft to the Constituent Assembly.
While preparing the draft the members of the Drafting Committee examined many
records, documents, judicial precedents and constitutional conventions. The Committee
members consulted Constitutional Acts of British India and England. They consulted the
Constitutions of Canada, Australia, former U.S.S.R., Pakistan, India and other countries of
Asia, Europe, America and Africa. The members having regard to the spirit of the struggle of
national liberation and the War of Independence borrowed ideas and inspirations
from many sources in preparing the Draft Constitution. The draft constitution in the form
of a Bill was ultimately adopted by the Constituent Assembly on the fourth day of November1972, A.D.
Now in order to study the Constitution of Bangladesh it is necessary to know the o r i g i n ,
s o u r c e s , h i s t o r i c a l b a c k g r o u n d , m o d e l s a n d o t h e r f u n d a m e n t a l s o f t h e
Constitution. An effort is therefore made to present the authentic definition,
brief history, short analysis as well as discussion on other relevant aspects of Constitution.
The Constitution of Bangladesh is thesupreme law of thePeople's Republic of Bangladesh.It
was adopted on November 4, 1972. The constitution establishes a unitary state and a
Westminster form of unicameral parliamentary democracy. It was originally written in
https://en.wikipedia.org/wiki/Supreme_lawhttps://en.wikipedia.org/wiki/People%27s_Republic_of_Bangladeshhttps://en.wikipedia.org/wiki/Unitary_statehttps://en.wikipedia.org/wiki/Westminsterhttps://en.wikipedia.org/wiki/Unicameralhttps://en.wikipedia.org/wiki/Parliamentary_democracyhttps://en.wikipedia.org/wiki/Parliamentary_democracyhttps://en.wikipedia.org/wiki/Unicameralhttps://en.wikipedia.org/wiki/Westminsterhttps://en.wikipedia.org/wiki/Unitary_statehttps://en.wikipedia.org/wiki/People%27s_Republic_of_Bangladeshhttps://en.wikipedia.org/wiki/Supreme_law -
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English and was not translated into Bengali until 1987. Bangladesh's Constitution and all
laws are now in both English and Bengali.
HISTORY OF BANGLADESH:
The British East India Company gained official control of Bengal following the Battle of
Plessey in 1757. This was the first conquest, in a series of engagements that ultimately lead to
the expulsion of other European competitors. The defeat of the Mughals and the
consolidation of the subcontinent under the rule of a corporation was a unique event in
imperialistic history. Kolkata (Anglicized as "Calcutta") on the Hooghly became a major
trading port for bamboo, tea, sugar cane, spices, cotton, muslin and jute produced in Dhaka,
Rajshahi, Khulna, and Kushtia.
Scandals and the bloody rebellion known as the Sepoy Mutiny prompted the British
government to intervene in the affairs of the East India Company. In 1858, authority in India
was transferred from the Company to the crown, and the rebellion was brutally suppressed.
Rule of India was organized under a Viceroy and continued a pattern of economic
exploitation. Famine racked the subcontinent many times, including at least two major
famines in Bengal. The British Raj was politically organized into seventeen provinces of
which Bengal was one of the most significance
As the independence movement throughout British-controlled India began in the late 19th
century gained momentum during the 20th century, Bengali politicians played an active role
in Mohandas Gandhi's Congress Party and Mohammad Ali Jinnah's Muslim League,
exposing the opposing forces of ethnic and religious nationalism. By exploiting the latter, the
British probably intended to distract the independence movement, for example by partitioning
Bengal in 1905 along religious lines. Partition of Bengal (1905) divided Bengal Presidency
into an overwhelmingly Hindu west (including present-day Bihar and Odisha) and a
predominantly Muslim east (including Assam). Dhaka was made the capital of the new
province of Eastern Bengal and Assam. But the split only lasted for seven years. The partition
was abolished in 1911 due to severe opposition from Indian National Congress and a major
section of the Bengali Hindus
The All-India Muslim League was founded on 30 December 1906, in the aftermath of
partition of Bengal, on the sidelines of the annual All India Muhammadan Educational
Conference in Shahbagh, Dhaka. At first the Muslim League sought only to ensure minority
Muslim rights in the future nation of independent India. However, in 1940 the Muslim
League passed the Lahore Resolution which envisaged one or more Muslim majority states in
South Asia. The resolution unambiguously rejected the concept of a United India because of
increasing inter-religious violence The resolution was moved in the general session by Sher-
e-Bangla A. K. Fazlul Huq, the then Chief Minister of Bengal, and was adopted on 23 March
1940. Non-negotiable was the inclusion of the Muslim parts of Punjab and Bengal in theseproposed states. The stakes grew as a new Viceroy Lord Mountbatten of Burma was
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appointed expressly for the purpose of effecting a graceful British exit. Sectarian violence in
Noakhali and Calcutta sparked a surge in support for the Muslim League, which won the
majority seats in Bengal legislature in the 1946 election. This surge of support also emerged
as a reaction against the British decision to reverse the 1905 Partition of Bengal, which the
League regarded as a betrayal of the Bengali Muslims. At the last moment Huseyn ShaheedSuhrawardy and Sarat Chandra Bose came up with the idea of an independent and unified
Bengal state, which was endorsed by Jinnah. This idea was vetoed by the Indian National
Congress.
A. K. Fazlul Huq, the Premier of United Bengal who moved the Lahore Resolution and
subsequently became the Governor of East Pakistan.
British India was partitioned and the independent states of India and Pakistan were created in
1947; the region of Bengal was divided along religious lines. The predominantly Muslim
eastern part of Bengal became the East Bengal (later renamed East Pakistan) province of
Pakistan and the predominantly Hindu western part became the Indian state of West Bengal.
Most of the Sylhet District of Assam also joined East Pakistan following a referendum .
Pakistan's history from 1947 to 1971 was marked by political instability and economic
difficulties. In 1956 a constitution was at last adopted, making the country an "Islamic
republic within the Commonwealth". The nascent democratic institutions foundered in the
face of military intervention in 1958, and the government imposed martial law between 1958
and 1962, and again between 1969 and 1971.
Almost from the advent of independent Pakistan in 1947, frictions developed between East
and West Pakistan, which were separated by more than 1,000 miles of Indian territory. East
Pakistanis felt exploited by the West Pakistan-dominated central government. Linguistic,
cultural, and ethnic differences also contributed to the estrangement of East from West
Pakistan.
The Bengali Language Movement, also known as the Language Movement Bhasha Andolon,
was a political effort in Bangladesh (then known as East Pakistan), advocating the
recognition of the Bengali language as an official language of Pakistan. Such recognition
would allow Bengali to be used in government affairs. Movement was led by Mufti Nadimul
Quamar Ahmed. When the state of Pakistan was formed in 1947, its two regions, EastPakistan (also called East Bengal) and West Pakistan, were split along cultural, geographical,
and linguistic lines. In 1948, the Government of Pakistan ordained Urdu as the sole national
language, sparking extensive protests among the Bengali-speaking majority of East Pakistan.
Facing rising sectarian tensions and mass discontent with the new law, the government
outlawed public meetings and rallies. The students of the University of Dhaka and other
political activists defied the law and organised a protest on 21 February 1952. The movement
reached its climax when police killed student demonstrators on that day. The deaths provoked
widespread civil unrest led by the Awami Muslim League, later renamed the Awami League.
After years of conflict, the central government relented and granted official status to the
Bengali language in 1956. On 17 November 1999, UNESCO declared 21 February
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International Mother Language Day for the whole world to celebrate,in tribute to the
Language Movement and the ethno-linguistic rights of people around the world
After the Awami League won all the East Pakistan seats as well as majority of the Pakistan's
National Assembly in the 1970-71 elections, West Pakistan opened talks with the East on
constitutional questions about the division of power between the central government and the
provinces, as well as the formation of a national government headed by the Awami League.
The talks proved unsuccessful, however, and on March 1, 1971, Pakistani President Yahya
Khan indefinitely postponed the pending National Assembly session, precipitating massive
civil disobedience in East Pakistan.
On March 2, 1971, a group of students, led by A S M Abdur Rob, student leader & VP of
DUCSU (Dhaka University Central Students Union) raised the new (proposed) flag of
Bangladesh under the direction of Swadhin Bangla Nucleus. They demanded Sheikh Mujibur
Rahman to declare the independence of Bangladesh immediately but Mujib refused to thestrong demand. Rather he decided that he will declare his next steps on March 7 public
meeting.
On March 3, 1971, student leader Shahjahan Siraj read the 'Sadhinotar Ishtehar' (Declaration
of independence) at Paltan Maidan in front of Bangabandhu Sheikh Mujib along with student
and public gathering under the direction of Swadhin Bangla Nucleus.
On March 7, there was a historical public gathering in Suhrawardy Udyan to hear updates on
the ongoing movement from Bangabandhu Sheikh Mujib, Although he avoided the direct
speech of independence as the talks were still underway, he influenced the mob to prepare forany imminent war. The speech is considered a key moment in the war of liberation, and is
remembered for the phrase,
"Ebarer Shongram Amader Muktir Shongram, Ebarer Shongram Shadhinotar Shongram...."
"Our struggle this time is a struggle for our freedom, our struggle this time is a struggle for
our independence..
On 16 December 1971, Lt. Gen A. A. K. Niazi, CO of Pakistan Army forces located in East
Pakistan signed the Instrument of Surrender and the nation of Bangla Desh ("Country of
Bengal") was finally established the following day. At the time of surrender only a few
countries had provided diplomatic recognition to the new nation. Over 90,000 Pakistani
troops surrendered to the Indian forces making it the largest surrender since World War II.
The new country changed its name to Bangladesh on January 11, 1972 and became a
parliamentary democracy under a constitution. Shortly thereafter on March 19 Bangladesh
signed a friendship treaty with India. Bangladesh sought admission in the UN with most
voting in its favour, but China vetoed this as Pakistan was its key ally. The United States, also
a key ally of Pakistan, was one of the last nations to accord Bangladesh recognition. To
ensure a smooth transition, in 1972 the Simla Agreement was signed between India and
Pakistan. The treaty ensured that Pakistan recognised the independence of Bangladesh in
exchange for the return of the Pakistani PoWs. India treated all the PoWs in strict accordance
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with the Geneva Convention, rule 1925.It released more than 93,000 Pakistani PoWs in five
months.
Furthermore, as a gesture of goodwill, nearly 200 soldiers who were sought for war crimes by
Bengalis were also pardoned by India. The accord also gave back more than
13,000 km(5,019 sq mi) of land that Indian troops had seized in West Pakistan during the
war, though India retained a few strategic areas; most notably Kargil (which would in turn
again be the focal point for a war between the two nations in 1999).
After Bangladesh achieved recognition from major countries, Sheikh Mujibur Rahman
briefly assumed the provisional presidency. He charged the provisional parliament to write a
new constitution. The constitution proclaims Bangladesh as a secular democratic
republic,declares the fundamental rights and freedoms of Bangladeshi citizens, spells out the
fundamental principles of state policy, and establishes the structure and functions of the
executive, legislative and judicial branches of the republic. Passed by the Constituent
Assembly of Bangladesh on November 4, 1972, it came into effect from December 16, 1972,
on the first anniversary of Bangladesh's victory over Pakistan in the Liberation War. The
constitution proclaims nationalism, democracy, socialism and secularity as the national ideals
of the Bangladeshi republic. When adopted in 1972, it was one of the most liberal
constitutions of the time.
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HISTORY OF BANGLADESH IN IMAGES:
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CONSTITUTION MAKING PROCESS:
Bangladesh became independent on 16 December 1971. After being released from the jailof Pakistan on 8 January 1972, Sheikh Mujibur Rahman returned via London to independent
Bangladesh on 10 January 1972. The following day on 11 March 1972, in his capacity as the
President of newly independent Peoples Republic of Bangladesh, issued the Provisional
Constitution of Bangladesh Order 1972. Subsequently on 23 March 1972 the Constituent
Assembly of Bangladesh Order was promulgated as envisaged in the Provisional Constitution
of Bangladesh Order 1972. This Order provided for parliamentary form of government and
constituted the Constituent Assembly with the Members of National Assembly (MNAs) and
East Pakistan Provincial Assembly (MPAs) who were elected, under the Legal Framework of
President Yahiya Khans martial law, by the people of East Pakistan in December 1970 and
January 1971 for giving the newly independent country a secular democratic Constitution.
It should be noted that the first written document, Proclamation of Independence [which is
considered as the first interim Constitution] declared and adopted on 10 April 1971 givingretrospective effect from 26 March 1971, provided for presidential system of government. It
affirmed and resolved that Sheikh Mujibur Rahman shall be the President of the Republic.
It says, The President shall be the Supreme Commander of the Republic, shall exercise all
the Executive and Legislative powers of the Republic including the power to grant pardon.
However, the Provisional Constitution of Bangladesh Order 1972, issued by Sheik Mujibur
Rahman, provided for parliamentary form of government. It says And Whereas it is the
manifest aspiration of the people of Bangladesh that a parliamentary democracy shall
function in Bangladesh . It further says There shall be a Cabinet of Ministers with the
Prime Minister at the Head . The President shall in exercise of all his functions act in
accordance with the advice of the Prime Minister . It looked contradictory. So the
establishment of the parliamentary form of government was challenged at the Apex Courtin Fazlul Hoque V State 26 DLR (AD) as being contrary to the Proclamation of
Independence, but the Supreme Court turned down the challenge stating that the
Proclamation of Independence invested the President with the Legislative powers of the
Republic which empowered him to make any law or legal provision, even of a constitutional
nature.
The Constituent Assembly had its first meeting on 10 April 1972. The Speaker and Deputy
Speaker were Mr Shah Abdul Hamid and Mr Mohammed Ullah [who later became President]
respectively. In this session a Constitution Drafting Committee consisting of 34 members
(including Syed Nazrul Islam, Tajuddin Ahmed and AHM Kamruzzaman) was formed under
the Chairmanship of Dr Kamal Hossain . The only woman member of the ConstitutionDrafting Committee was Razia Banu, whereas the only opposition member was Mr Surenjit
Sen Gupta. The Drafting Committee had its first meeting on 17 April 1972. In that meeting a
resolution was adopted inviting proposals and suggestions from all sections of the people. In
response to this invitation, 98 memoranda were received. However the final report of the
Drafting Committee did not mention at all whether any of those memoranda was accepted.
The Drafting Committee had 74 meetings to draft the Constitution and on 10 June 1972 it
approved the Draft Constitution. With a purpose of observing practical working of the
parliamentary constitutional system, the Chair of the Committee Dr Kamal Hossain went to
the UK and Indian. A foreign expert on drafting Constitution was reported to have brought to
Dhaka and his assistance was taken in drafting the Constitution. In fact, the Constitution of
Bangladesh was drafted in the light of [impliedly] British and [heavily relied on] Indian
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Constitution. On 11 October 1972 the last meeting of the Committee was held where the full
Draft Constitution was finally approved.
The Draft Constitution of 72 pages containing 103 Articles was presented to the Constituent
Assembly on 12 October 1972, in its second session. On this day Dr Kamal Hossain
introduced the Draft Constitution as a Bill. The Constituent Assembly did have generaldiscussion for seven days, from 19 October 1972 to 3 November 1972. At the first phase of
general discussion Cabinet Members Syed Nazrul Islam Tajuddin Ahmed, Khodker Mushtaq
Ahmed, Monsur Ali, Professor Yousuf Ali, AHM Kamruzzaman, Abdul Malik Ukil, Mizanur
Rahman Choudhury took part. The only opposition Member Surenjit Sen Gupta and
independent Member Manbendra Narayan Larma also took part in the discussion. During this
discussion 163 amendments were proposed. Among those, 84 amendments were adopted of
which 83 were moved by Awami League Members and one was by Surenjit Sen Gupta.
Interestingly most of the amendments were relating to linguistic and grammatical errors of
the Bill. The Third Reading on the Bill was held on 4 November 1972 and on the same day
the Assembly adopted the Constitution of Bangladesh. To commemorate this historic day, 4
November is observed as the Constitution Day. It was given effect from 16 December 1972,on the first anniversary of the victory day of Bangladesh.
The original hand written Constitution was of 93 pages. The main writer of the original
Constitution was Mr Abdur Rouf. The handwritten Constitution was decorated by noted
Artist Joynal Abedin. The hand written Constitution, both Bengali original one and its
corresponding English translated one, was signed by the Members of the Constituent
Assembly on 14 December 1972. The then only opposition Member [currently Awami
League MP] did not sign the original hand written Constitution. At the time of the
Constitution being adopted, the President and Prime Minister were Justice Abu Sayed
Chouwdhry and Sheikh Mujibur Rahman respectively.
The Constitution has been so for amended fifteen times: most of the Amendments were
made for the personal [for example Sixth Amendment, Ninth Amendment and Eleventh
Amendment etc.] and/or party political interests [Fourth Amendment, Eighth Amendment
and Fifteenth Amendment etc.] as opposed to national interests. Fifteen Amendments, within
40 years time, seem to be quite high in number compared to the constitutional Amendments
in other similar democratic countries during the same corresponding period.
MEMBER OF THE COMMITTEE:
On July 10, 1972, Bangabandhu returned home as president of Bangladesh. In a meeting next
day Provisional Constitutional Order was proclaimed providing for parliamentary system of
government. Bangabandhu stepped down as president and assumed the office of Prime
Minister.
Now that the war was over, the country faced all the problems of peacetime. The state had to
decide on the form of the government to be established, enforce law and order, collect taxes,
regulate trade, build infrastructure and above all, decide who we were to become as a nation
and a society. My opinion was clearly for a parliamentary form of government headed by a
prime minister. This had been part of the six point programme, says Dr Kamal Hossain. It
would also be in the long term interest of the country to provide for executive authority to be
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exercised by a Cabinet, led by a prime minister, who would be accountable to Parliament. It
would help to develop the concept of collective responsibility, as well as the capabilities of a
team who would, in the future, be able to provide leadership. Dr Kamal Hossain, lawyer,
statesman and politician, was one of the main architects of the Constitution.
On January 11, 1972, Justice Abu Sayeed Chowdhury, Dr Kamal Hossain and Amirul Islam
were asked to go to the prime minister's residence on Hare Road. A cabinet meeting was in
progress. After the meeting, Bangabandhu told them that it had been decided that a
parliamentary form of government should be introduced pending the framing of the
constitution. Dr Kamal says, He asked if a provisional constitutional instrument could be
prepared immediately, to enable a Cabinet to be sworn in the following day? Could a draft be
placed before the Cabinet within the next hour?
A draft was prepared, approved by the Cabinet and sent to the government press for
publication in the Gazette. Justice Chowdhury was to be sworn in as the president and
Bangabandhu the prime minister. But who was to administer the oaths of office? The old
provincial High Court had become defunct. A provisional High Court needed to be
constituted and a chief justice appointed. The first choice was senior lawyer Kamruddin
Ahmed who had been in active politics in the fifties and had lost a son, a freedom fighter, in
the war. Given his mental and physical state, he declined. Abu Sadat Mohammad Sayem
became the chief justice. A new cabinet was sworn in with Bangabandhu as the prime
minister.
Dr Kamal Hossain was entrusted with the responsibility to steer the process of writing the
Constitution and thus given the Law portfolio. With very limited resources and very littletime, a Law ministry had to be established immediately. He persuaded Dr Munim, a sitting
judge to accept the position of Law Secretary. The Constitution was to be written in Bangla.
Dr Anisuzzaman of the Bangla Department at Chittagong University joined the team
responsible for the preparatory work on the Constitution. The Constituent Assembly of
Bangladesh Order was promulgated on January 11, 1972, and the first meeting of the
Assembly was convened on April 10, 1972. The first meeting was charged with deep
emotion, recalls Dr Kamal. It was a moment of communion with the souls of the martyrs
who had paid with their lives to vindicate the rights of the people to make a constitution for a
sovereign and independent People's Republic of Bangladesh.
A Constitution Drafting Committee comprising of 34 members and chaired by Dr Kamal was
formed. Members included Syed Nazrul Islam, Tajuddin Ahmad, Mansur Ali, Kamruzzaman,
Khandhaker Mushtaque Ahmed, Amirul Islam and others. It also included Suranjit Sengupta,
a member of the opposition and Razia Banu, a woman member. Dr Kamal says, Guidance
on general principles provided by the resolution of the Assembly, declared that the high
ideals of nationalism, socialism, democracy, and secularism, which had inspired the brave
martyrs to lay down their lives in the national liberation struggle, would be the fundamental
principles of the Constitution. These principles had been articulated through popular historic
movements in the period between 1947 and 1971.
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These values and principles have their roots in the issue-centric, value based politics of the
fifties and sixties and of course, the language movement.
Important members of the committee
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All 34 members of constitution making committee in single picture
Signing the constitution as law
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DATES AND TIMLINE:
23rd March, 1972
President declared the Decree of General Assembly
the very first step to composing the Constitution of Bangladesh.
in 10th April, 1972
The opening ceremony of General Assembly
11th April, 1972
At the second day of the session a Rough Constitution ComposingCommittee was created consisting of thirty four members
The Rough Constitution Composing Committee was asked tosubmit a report as a bill before 10th June, 1972.
17th April, 1972
The committee arranged their first meeting
The committee ask proposal about Constitution of Bangladeshfrom different parties and interested general people.
10th June, 1972
The committee approved a primary bill in their meeting
11th October, 1972.The committee finalizes their conversation and makes decision
then approve a primary rough
16th December, 1972
Prime Minister Sheikh Mujibur Rahman signs the Constitution ofBangladesh into law
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PARTS OF THE CONSTITUTION:
The constitution of Bangladesh is divided into 11 parts, which arefurther subdivided into 153 articles. In addition, there are 7 schedules.
Part I: The Republic
This section defines the nature of the country, its state religion and other national issues.
According to it, Peoples Republic of Bangladesh is a unitary republic consisting of the
territories of the former East Pakistan and also included territories (some enclaves exchanged
with India). The state religion is Islam, but all other religions can be practised in peace andharmony. The state language is Bengali and the national anthem is the first ten lines of the
song Amar Sonar Bangla. The national flag is a red circle on a green background. The
national emblem is the national flower shapla (nympoea-nouchali) resting on water, having
on each side and ear of paddy and being surmounted by three connected leaves of jute with
two stars on each side of the leaves. This section also mandates that the portrait of prime
minister must be displayed in all government, semi-government and autonomous offices. The
capital of the country is Dhaka. The citizens are to be known as Bangladeshis.
Finally Part I asserts that all powers belong to the people and the constitution, being the
supreme law of the country, will supersede any other laws and regulations.
Part II: Fundamental principles of state policy
This part describes the fundamental principles. The original 1972 constitution had 4 basic
principles: Secularity, Nationalism, Democracy and Socialism (meaning economic and social
justice for all). However, later amendments replaced Secularity with "Absolute trust and faith
in the Almighty Allah shall be the basis of all actions."
Part II's article 9, 10, and 11 declares the rights of the people. Article 9 provides guidelines
for quotas for the underrepresented communities, women, and peasants. Article 10 states the
equal rights of women. Article 11 states that Bangladesh would be a democracy, with
guaranteed human rights. Article 13, 14, 15, and 16 deal with principal of ownership,
emancipation of workers and peasants, provision of basic necessities, and rural development.
Article 17 states that the basic education will be free and compulsory for all children until the
age of 18. The remaining articles (18-25) provide various guarantees for public health andmorality, equality of opportunity, work as a right and duty, duties of citizens and of public
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servants, separation of Judiciary from the executive, national culture, national monuments,
and promotion of international peace, security and solidarity, respectively.
AMENDMENTS IN DETAILS:
First Amendment
The Constitution (First Amendment) Act 1973 was passed on 15 July 1973. It amended
Article 47 of the Constitution by inserting an additional clause which allowed prosecution
and punishment of any person accused of 'genocide, crimes against humanity or war crimes
and other crimes under international law'. A new Article 47A was also inserted, making
certain fundamental rights inapplicabile in those cases.
Second Amendment
The Constitution (Second Amendment) Act 1973 was passed on 22 September 1973. This
act: amended Articles 26, 63, 72 and 142 of the Constitution; replaced Article 33; and
inserted a new part (Part IXA). Provision was made through this amendment for the
suspension of certain fundamental rights of citizens during an emergency.
Third Amendment
The Constitution (Third Amendment) Act 1974 was enacted on 28 November 1974. Thisamendment altered Article 2 of the Constitution to give effect to an agreement between
Bangladesh and India for the exchange of certain enclaves, and the fixing of boundary lines
between the two countries.
Fourth Amendment
The Constitution (Fourth Amendment) Act 1975 was passed on 25 January 1975. Major
changes were brought into the Constitution by this amendment:
a presidential form of government was introduced in place of the parliamentary system;
a one-party system was introduced in place of a multiparty system;
the powers of the Jatiya Sangsad were curtailed;
the term of the first Jatiya Sangsad was extended;
the judiciary lost much of its independence; and
the Supreme Court was deprived of its jurisdiction over the protection and enforcement of
fundamental rights.
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Fifth Amendment
The Fifth Amendment Act was passed by the Jatiya Sangsad on 6 April 1979. This Act
amended the Fourth Schedule to the Constitution by inserting a new paragraph 18. The effect
of the amendment was that all amendments or repeals made in the Constitution from 15
August 1975 to 9 April 1979 (inclusive) by any proclamation or Proclamation Order of the
Martial Law Authorities were deemed to have been validly made, and could not be called into
question before any court or tribunal or other authority. (See also the Seventh Amendment.)
Sixth Amendment
The Sixth Amendment Act was enacted by the Jatiya Sangsad on 1 July 1981; it amended
Articles 51 and 66 of the Constitution.
Seventh Amendment
The Seventh Amendment Act was passed on 11 November 1986. It amended Article 96 of
the Constitution; it also amended the Fourth Schedule to the Constitution by inserting a new
paragraph 19, which amongst other things provided that all proclamations, proclamation
orders, Chief Martial Law Administrator's Orders, Martial Law Regulations, Martial Law
Orders, Martial Law Instructions, ordinances and other laws made from 24 March 1982 to 11
November 1986 (inclusive) had been validly made, and could not be called into question
before any court or tribunal or other authority. (See also the Fifth Amendment.)
Eighth Amendment
The Eighth Amendment Act was passed on 7 June 1988. It amended Articles 2, 3, 5, 30, and
100 of the Constitution. This Amendment:
declared Islam as the state religion;
decentralised the judiciary by setting up six permanent benches of the High Court Division
outside Dhaka;
substituted the spelling 'Bengali' with 'Bangla', and 'Dacca' with 'Dhaka', in Article 5 of the
Constitution;
amended Article 30 of the Constitution by prohibiting the acceptance of any title, honours,
award, or decoration from any foreign state by any citizen of Bangladesh without the prior
approval of the president.
The amendment of Article 100 was subsequently declared invalid by the Supreme Court, as it
altered the basic structure of the constitution.
Ninth Amendment
The Constitution (Ninth Amendment) Act 1989 was passed in July 1989. This amendment
provided for the direct election of the Vice-President; it restricted a person in holding theoffice of the President for two consecutive terms of five years each; and it provided that a
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Vice-President might be appointed in case of a vacancy in the office of President, but that
such an appointment must be approved by the Jatiya Sangsad.
Tenth Amendment
The Tenth Amendment Act was enacted on 12 June 1990. Amongst other things, it amended
Article 65 of the Constitution, providing for the reservation of thirty seats in the Jatiya
Sangsad exclusively for women members. The reservation was to last for 10 years, with the
members holding the reserved seats to be elected by the members of the Sangsad.
Eleventh Amendment
The Eleventh Amendment Act was passed on 6 August 1991. It amended the Fourth
Schedule to the Constitution by adding a new paragraph 21, validating the appointment and
oath as Vice President of Shahabuddin Ahmed (Chief Justice of Bangladesh), and the
resignation tendered to him on 6 December 1990 by the then President Hussain M Ershad.
This Act ratified, confirmed and validated all powers exercised, all laws and ordinances
promulgated, all orders made and acts and things done, and actions and proceedings taken by
the Vice President as acting President from 6 December 1990 to 9 October 1991 (when
Abdur Rahman Biswas became President following his election). The Act also confirmed and
made possible the return of Vice President Shahabuddin Ahmed to his previous office as
Chief Justice of Bangladesh.
Twelfth Amendment
The Twelfth Amendment Act, passed on 6 August 1991 and approved by referendum in
September, brought about a fundamental change to Bangladesh's constitutional arrangements.
It amended Articles 48, 55, 56, 57, 58, 59, 60, 70, 72, 109, 119, 124, 141A, and 142 of the
Constitution with the following results:
the parliamentary form of government was re-introduced;
the President became the constitutional head of the state;
the Prime Minister became the head of the executive;
the Cabinet headed by the Prime Minister became responsible to the Jatiya Sangsad;
the position of Vice President was abolished;
the office of President now became elected by the members of the Jatiya Sangsad.
Through the amendment of Article 59 this amendment also ensured the participation of the
people's representatives in local government bodies, thus stabilising the base of democracy in
the country.
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Thirteenth Amendment
The Constitution (Thirteenth Amendment) Act 1996 was passed on 26 March 1996. It
provided for a non-party caretaker government which, acting as an interim government,
would give all possible aid and assistance to the Election Commission for holding the general
election of members of the Jatiya Sangsad peacefully, fairly and impartially. The non-party
caretaker government, comprising the Chief Adviser and not more than 10 other advisers,
would be collectively responsible to the president and would stand dissolved on the date on
which the Prime Minister entered upon his office after the constitution of the new Sangsad.
Fourteenth Amendment
The Constitution (Fourteenth Amendment) Act, 2004 was passed on 16 May 2004. This
amendment amended several articles of the Constitution:
a new Article 4A was inserted, for the preservation and display of the portraits of thePresident and the Prime Minister;
clause (3) of Article 65 was amended regarding the seats reserved exclusively for women
members in the Parliament;
Articles 96 (1), 129, and 139 were amended to raise the retirement age of the Judges of the
Supreme Court, the Auditor General, and the Chairman and other members of the Public
Service Commission (PSC); and
Article 148 was amended, to provide for the administration of the oath to newly elected
members of Parliament by the Chief Election Commissioner.
Fifteenth Amendment
This amendment primarily served to repeal aspects of the Fifth Amendment. Secularism in
Bangladesh as prescribed in the constitution was never allowed to be practised after Sheikh
Mujibur Rahman's Awami League government. From November 1975 to 1977, when
Bangladesh was under martial law, President and Chief Martial Law Administrator
Lieutenant General Ziaur Rahman passed a presidential decree that removed the principle of
secularism from the preamble of the constitution and set in "absolute trust and faith in the
Almighty Allah". The decree was later legitimized by the second parliament of Bangladesh.
In February, 2010, the Bangladesh Supreme Court observed that parliament does not possess
any authority to suspend the constitution and proclaim martial law and, hence, it cannot
legitimize actions of martial law regimes. The judgment paved the way for restoring the
original four fundamental principles declared in the preamble of the constitution, including
secularism.
The Supreme Court followed with a July 2010 ruling scrapping provisions which allowed
political parties with a manifesto based on faith doctrine to flourish after 1979.[8] As part of a
series of rulings following from the February Supreme Court ruling, on 4 October 2010 theHigh Court ruled that Bangladesh is a secular state.
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Sixteenth Amendment
Bangladesh Act No XIII of 2014 amended the Constitution of Bangladesh, empowering
Parliament to impeach Supreme Court judges. Part VI, chapter one, article 96, of the
Bangladesh Constitution, which includes provisions on the tenure of office of the Supreme
Court judges, now states:
Subject to the other provisions of this article, a Judge shall hold office until he attains the age
of sixty-seven years.
A Judge shall not be removed from his office except by an order of the President passedpursuant to a resolution of Parliament supported by a majority of not less than two-thirds of
the total number of members of Parliament, on the ground of proved misbehavior or
incapacity.
Parliament may by law regulate the procedure in relation to a resolution under clause (2) and
for investigation and proof of the misbehavior or incapacity of a Judge.
A Judge may resign his office by writing under his hand addressed to the President. (The
Constitution of the People's Republic of Bangladesh (2014), Legislative and Parliamentary
Affairs Division website.)
AMENDMENTS AT A GLANCE:
No. of Amendments Date Summary of substance
1st Amendment 15th July, 1973
To make way for prosecution of genetic
crime against humanity and war crimes
committed in the liberation war of 1971.
2ndAmendment 22nd September, 1973 Inclusion emergency provision suspension
of fundamental rights and preventive
detention.
3rd Amendment 28th November 1974 To give effect to the boundary line treaty
between Bangladesh and India
4thAmendment 25th January, 1975 One party dictatorial system was subsisted
for a responsible parliamentary system.
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5th Amendment 6thApril, 1979 Legalizing all acts done by the first Military
Authority
6thAmendment 10th July, 1981 To make way for the Vice President to be
a candidate in president election
7thAmendment 10th November, 1986 Legalizing all acts done by the 2nd Military
Authority
8thAmendment 9th June, 1988 Setting up six permanent Benches of the
High Court Division and making Islam the
state religion.
9th Amendment 11th July, 1989 11th July, 1989
Direct election of the president and the
Vice-President simultaneously
10th Amendment 23rd June, 1990 Period for reservation of 30 womenmembers seats in the parliament was
extended for 10 years
11thAmendment 10th August 1991 Legalising the appointment of
Shahabuddin Ahmed, Chief Justice of
Bangladesh as Vice President of
Bangladesh and his all activities as the
Acting President and then the return to his
previous position of the Chief Justice of
Bangladesh.
12thAmendment 18th September, 1991 Reintroducing the parliamentary system
13thAmendment 28th March, 1996 Provision for Caretaker Government.
14thAmendment 16th May 2004 Provision regarding women in the
parliament
15thAmendment 30thJune, 2011 This Amendment has been done on the
basis of HC/SC verdicts on 5th7th13th
Amendments of the constitution. Keyissue of the 15thAmendment of the
constitution is caretaker system abolished
16thAmendment 17thSeptember, 2014Bangladesh Act No XIII of 2014 amended
the Constitution of Bangladesh,
empowering Parliament to impeach
Supreme Court judges
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MAIN CHARACTICS OF CONSTITUTION:
Constitution of Bangladesh was officially adopted on 4th November, 1972 by constitution
assembly and implemented on 16 December of the same year, marking the Victory Day. Theconstitution of the peoples Republic of Bangladesh is written document and inflexible. Based
on Bangladesh constitution, Bangladeshi Parliament is one chambered. According to this,
Bangladesh judiciary is separated from the executive
Fundamental Principle of State Policy:
Article 8 of Bangladesh constitution described the fundamental principle of state policy
which is Nationalism, Democracy, Socialism and Secularism.
Unicameral Legislature:
According to Article 65 of Bangladesh constitution, legislative assembly is unicameral. That
means there is only one house parliament which is 'House of the nation' commonly known as
'Jatiya Sangshad'.
Written Document:
The constitution is a written document and is divided into 11 parts, which are further
subdivided into 153 articles. In addition, there are 7 schedules.
Rigid Constitution:
Constitution of Bangladesh is inflexible. It cannot be amended without votes of two-third
members in the total members of parliament.
Preamble:
This is the opening statement that sets out the guiding purpose and principles of the the
constitution. The preamble is not an indispensable part of the constitution in the sense that it
is enforceable in a court of law.
Unitary Government:
Bangladeshi government is unitary according to the constitution's Article 1. Unitary
governance means all power centralized under the constitution.
Fundamental Right:
Third part of Bangladesh constitution described about fundamental rights of the peoples of
Bangladesh. These are likely Laws inconsistent with fundamental rights to be void, Equality
before law, Right to protection of law, Prohibition of forced labor, Freedom of movement,Freedom of assembly etc.
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Independence of the Judiciary:
Judicial independence is the theory that the judiciary system should be kept away from the
other department of government. In Bangladesh, Chief justice is selected by the president of
the republic and other justice of supreme court appointed after consultation with the chief
justice. A justice cannot be removed from his office except by an order of the President
passed to a resolution of parliament supported by a two-third members of the legislature.
Parliamentary form of government:
Bangladeshi Parliament is a Westminster type of parliament according to the constitution.
Here, the government is run by cabinet lead by the prime minister. The president is head of
the government but executive power is exercised by the cabinet of ministers.
Other Characteristic:
The Constitution of Bangladesh is hot the outcome of a negotiated settlement with a former
colonial power, nor drawn .up with the concurrence or approval of any external sovereign
power. It is the fruit of a historic war of independence making it a class apart from other
constitutions of comparable description.1 In the Constitution the people feature as the
dominant actors and it is a manifestation of what is called the peoples power.
Sovereign Republic:
The Constitution established Bangladesh as a sovereign unitary Republic.2 It created one
government composed of representatives chosen by the people in contrast to the rule of one
man, as in kingship, or one class of men, as in aristocracy. The term sovereign indicates that
Bangladesh is subject to no external authority and the term Republic denotes that the Head
of the State is not a monarch, but an elected functionary. The Constitution declares that the
sovereignty lies with the people and the Constitution is the embodiment and solemn
expression of the will of the people.
Preamble and Fundamental Pri nciples of state Poli cy:
Having regard to the constitutional misadventures of the past and usurpation of power by
unauthorised persons, the framers of the Constitution thought it necessary to spell out the
objectives of the Constitution in the preamble in some detail. Declaring the people to be the
source of power and the Constitution, the preamble referred to the national liberation struggle
and pledged that the high ideals of nationalism, socialism, democracy and secularism shall be
the fundamental principles of the Constitution, The Constitution sought to establish a welfare
State and the preamble declared the fundamental aim of the State to be the realization through
democratic process of a socialist society, free from exploitationa society in which the rule
of law, fundamental human rights and freedom, equality and justice would be ensured.
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Territory:
The Constitution defined the territory of the; Republic be the territories which immediately
before the proclamation of independence constituted the territory of East Pakistan and such
other territories as may become included in the Republic.1 When Bangladesh entered into an
agreement with India giving up its claim to Berubari and retaining Dahagram, the Appellate
Division held that the agreement involved cession of territory which could not be done except
by constitutional amendment.2 As a result, the Constitution (Third Amendment) Act, 1974
was passed to give effect to the agreement.
Supremacy of the Consti tuti on:
The Constitution declared the supremacy or the Constitution and sought to establish a
limited government in the sense that every authority in the Republic had power prescribedand limited by the Constitution.3
Separation of powers:
The Constitution provided for separation of powers between the three organs of the State
executive, legislature and judiciary. It was not a separation of powers of the type practised in
the American jurisdiction. What the Constitution did can be said to be an assignment or
distribution of different powers of the Republic to the three organs and it provided forseparation of powers in the sense that no one organ could transgress the limits set by the
Constitution.
Fundamental ri ghts:
The Constitution enumerated a number of rights as fundamental rights and no law could be
made which was inconsistent with these rights and no action could be taken by the
government in derogation of such rights. To that extent, the power of Parliament and the
executive was limited. However, certain laws were set apart which could not be challenged
on the ground of violation of fundamental rights.
Parl iamentary form of Government :
The Constitution introduced a parliamentary form of government with the President of the
Republic as the constitutional head elected by the members of Parliament. The members of
Parliament were to be directly elected by the-people on the basis of adult franchise. The
President would appoint a member of Parliament who commanded the support of the frivolity
of the members of Parliament as the Prime Minister and would appoint ministers on the
recommendation of the Prime Minister. The executive authority of. the Republic vested in the
Prime Minister who, and also the Cabinet, were responsible to Parliament and throughParliament to the ultimate sovereign, the people.
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Local government:
The Constitution stipulated that the State encourage local government institutions composed
of the representatives of the area concerned and that the Republic shall be a democracy in
which effective participation by the people through their elected representatives in
administration at all levels shall be ensured.
Judicial review:
The guardianship of the Constitution was given the Supreme Court. The Supreme Court. The
Supreme Court was given the power of judicial review. Save in some specified situation, the
Supreme Court, in exercise of that power, could not only review the State actions to ensure
that it did not contravene any provision of the constitution or the laws of the land, but also
could strike down any law for inconsistency with any provision of the Constitution including
the provisions guaranteeing fundamental rights.1
I ndependence of judiciary:
For guardianship of the Constitution and for the establishment of rule of Saw independence
of judiciary is necessary. Provisions were made to ensure the independence of the Judges of
the Supreme Court, subordinate judicial officers and the magistrates exercising judicial
functions.
Election :
To ensure free and fair election which is an indispensable pre-requisite for the success ofdemocracy, the Constitution- provide for an independent Election Commission upon which
the duty of holding election of the President and the members of Parliament was cast.
Civi l Service :
The civil service maintains the continuity of the government and the success of the
government to a great extent depends on the efficiency of the civil service. So to ensure
recruitment of efficient persons in the services of the Republic, the Constitution provided for
public service commissions. To obtain the best service it is necessary to have secure and
satisfied civil servants and the Constitution guaranteed equality of treatment and security oftenure to them.
ANALYSIS:
Essentially the constitution of a state guarantees its citizens certain clearly laid down rights
and entitlements and that state of affair has to be achieved by the creation of institutions, on
the one hand, and the establishment of accountability relationship between institutions of
state and its citizens. In other words, the quality of good governance in any society would
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eventually depend on the intensity of interface between the 'demand' of citizens' entitlements
and the 'supply' of institutions' responsiveness .
The Constitution of Bangladesh, which came into operation on December 16, 1972, is as
good as any other constitution. The Constitution of Bangladesh is divided into 11 parts
containing 153 Articles. The Preamble declares that Bangladesh is a sovereign unitaryRepublic and the guiding principles would be that of nationalism, democracy and socialism.
Given the dynamic nature of our society, it has gone through a number of changes, as has
been the case with many such documents, and it is also expected that it will go through
further refinement in the future, with the betterment of people's welfare in mind. But in the
final analysis, what is important is that the Constitution would bring about within our society
a balance between change and stability, tolerance and competition, opportunity and
meritocracy.
A quick review of the governance literature will throw up the following terms which would
indicate presence of good governance in any society: accountability, participation,
transparency and openness, responsiveness and responsibility, consensus, rule of law, equityand inclusiveness, efficiency and effectiveness.
Good governance is achieved and optimised if citizens' voice is heard and heeded. "We are
concerned here with that form of governance which serves the citizens by safeguarding
territorial integrity of the State and securing individual security, rule of law and the delivery
of services ranging from education, health to livelihood and food security." In Part II of the
Bangladeshi Constitution the 'Fundamental Principles of State Policy' clearly articulates some
of the basic entitlements of citizens. These principles touch on diverse issues, such as,
participation of women, removal of illiteracy and improvement of public health. Article 8(2)
of the Constitution states "The principles set out in this Part shall be fundamental to the
governance of Bangladesh, shall be applied by the State in the making of laws, shall be a
guide to the interpretation of the Constitution and of the other laws of Bangladesh, and shall
form the basis of the work of the State and its citizens ." These principles are significant
and they act as a guide to the interpretation of the Constitution and the laws of Bangladesh.
According to an eminent jurist: "Any legal provision made to further the principles of State
policy will be prima facie be constitutional. If any provision of the Constitution or any statute
is susceptible of more than one meaning, the courts should adopt that meaning which is in
conformity with the principles set out in Part II of the Constitution." These are lofty and
commendable principles but to what extent are they really improving the welfare of the
citizens? It is the responsibility of the government to create an enabling environment which
would allow citizens to demand the services that they deserve, as clearly articulated in thefundamental principles of State policy.
The December 2008 general elections' verdict is significant because it has given the
government the two-thirds majority required for constitutional amendments. In general terms,
constitutional changes can come about in two circumstances: either through political
consensus or by force (political or military). It is also accepted that constitutional changes
through consensus are robust and defensible, both constitutional and politically. In contrast,
changes brought about by force generally tend to be unsustainable.
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SUGGESSI TONS:
Bangladesh is very fortunate, as discussed above, to have a progressive and far-sighted
constitution, which needs some fine-tuning to strengthen the 'institutions of accountability'
and citizens' rights to go about their personal business and pursuits with enhanced
expectations. Since 1991 the people of Bangladesh have been asserting their voices, changingtheir representatives to ensure change in government. But democracy has remained confined
to periodic elections and good governance a matter of luck. What is badly wanting in
Bangladesh is accountable political leadership and enlightened policy-making. Making the
existing Constitution a scapegoat for our present malaise, and bringing about amendments to
achieve partisan ends, would be like 'throwing the baby with the bath water.' It will be wise
and beneficial for us, particularly the politicians, to pause and ponder before suggesting
large-scale changes to the present Bangladeshi Constitution.
CONCLUSION:
A constitution is meant to be permanent, but as all changing situations
cannot be envisaged and amendment of the constitution may be necessary to adapt to the
future developments, provision i s made in the constitution itself to effect changes
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required by the changing situations. When a legislature, which is a creature of the
constitution, is given the power of amendment, it is a power given not to subvert the
const itution, but to make it suitable to the changing situations.
REFERENCES:
1. www.bangladesh-web.com/view.php?hidRecord=384171
2. historybangla.blogspot.com/2010/11/shak-hasina.html
3. https://en.wikipedia.org/wiki/Constitution_of_Bangladesh
4. www.photius.com/.../bangladesh/.../bangladesh_government_constitutio...
5. studiesbangladesh.blogspot.com/.../constitutional-amendments-constituti..
6. royalbangla.blogspot.com/2010/12/constitution-of-bangladesh.html
http://www.bangladesh-web.com/view.php?hidRecord=384171http://www.bangladesh-web.com/view.php?hidRecord=384171http://www.bangladesh-web.com/view.php?hidRecord=384171https://en.wikipedia.org/wiki/Constitution_of_Bangladeshhttps://en.wikipedia.org/wiki/Constitution_of_Bangladeshhttps://en.wikipedia.org/wiki/Constitution_of_Bangladeshhttps://en.wikipedia.org/wiki/Constitution_of_Bangladeshhttps://en.wikipedia.org/wiki/Constitution_of_Bangladeshhttp://www.photius.com/.../bangladesh/.../bangladesh_government_constitutiohttp://www.photius.com/.../bangladesh/.../bangladesh_government_constitutiohttp://www.photius.com/.../bangladesh/.../bangladesh_government_constitutiohttp://www.photius.com/.../bangladesh/.../bangladesh_government_constitutiohttp://www.photius.com/.../bangladesh/.../bangladesh_government_constitutiohttp://www.photius.com/.../bangladesh/.../bangladesh_government_constitutiohttp://www.photius.com/.../bangladesh/.../bangladesh_government_constitutiohttp://www.photius.com/.../bangladesh/.../bangladesh_government_constitutiohttps://en.wikipedia.org/wiki/Constitution_of_Bangladeshhttp://www.bangladesh-web.com/view.php?hidRecord=384171 -
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