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বাংেলােদশর সংিবধান সংিবধান Bangladesh The Constitution of Bangladesh (an!la (an!la:: বাংেলােদশর Bangladesh Shongbidhan" Shongbidhan" is the supreme law of law of an!ladesh 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 citiens# )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 Army in the an!ladesh 3i%eration War # The constitution declares an!ladesh to %e a unitary unitary,, independent and soverei!n 4epu%lic 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 , socialism and and secularity secularity as the fundamental principles definin! the 4epu%lic and declares the pursuit of a society that ensures its citiens6 the rule of law, fundamental human rights and freedoms as freedoms as well as [/][7] [/][ 7][] [] equality and justice, political, economic and social . 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#[.]
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' ack!round and >pirit / )ream%le /#' Full Te@t o 7 Or!ans of the >tate Articles #' )art $: The 4epu%lic o #/ )art $$: Fundamental principles of state policy o ; Amendments ;#' >ummary of amendments o ;#/ Fifth Amendment almost repealed o 1 4eferences
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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 ast )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 ast 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 ast en!al were dismissed, the name of the province was chan!ed to ast )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 ast 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 '-1i@ )oint demands as the %asis for a new constitution in )akistan# 0rafted %y leadin! en!ali intellectuals and nationalists 4ehman >o%han, ovinda *handra 0ev, Dohammad >hamsuoha, 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 conomies 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 ast )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 ast )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 )ak istani 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 a s 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 en forcea%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 funda mental 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 citiens& 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 co mprises three %asic or!ans: '# 3e!islative ranch /# @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 ast )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 p ortrait of prime minister must %e displayed in all !overnment, semi6!overnment and autonomous o ffices# The capital of the country is 0haka# The citiens 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 ed ucation 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 citiens 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
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inserted a new part ()art $HA"#
)rovision was made throu!h this amendment for the suspension of certain fundamental ri!hts of citiens durin! an emer!ency# !hird Amendment$ 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 p assed on /; ?anuary '-.;# Da8or chan!es were %rou!ht into the *onstitution %y this amendment: •
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a presidential form of !overnment was introduced in p lace 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: •
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amended articles '', 11, 1., ./, ., .1, E<, EE, -;, -E, '<-, ''1, ''., ''-, '//, '/7, ''A, '. and 'E of the *onstitution& replaced Articles , .<, '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 i!hth Amendment Act was passed on . ?une '-EE# $t amended Articles /, 7, ;, 7<, and '<< of the *onstitution# This Amendment: • •
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declared $slam as the state reli!ion& decentralised the 8udiciary %y settin! up si@ permanent %enches of the =i!h *ourt 0ivision outside 0haka& su%stituted the term 5en!ali5 with 5an!la5, and chan!ed 50acca5 to 50haka5, in Article ; of the *onstitution& amended Article 7< of the *onstitution %y prohi%itin! the acceptance of any title, honours, award, or decoration from any forei!n state %y any citien of an!ladesh without the prior approval of the president#
The amendment of Article '<< was su%seCuently declared invalid %y the >upreme *ourt, as it altered the %asic structure of the constitution# &inth Amendment$ 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 leventh Amendment Act was passed on 1 Au!ust '--'# $t amended the Fourth >chedule to the *onstitution %y addin! a new para!raph /', validatin! the appointment and oath as 2ice )resident of >haha%uddin Ahmed (*hief ?ustice of an!ladesh", and the resi!nation tendered to him on 1 0ecem%er '--< %y the then )resident =ussain D rshad# This Act ratified, confirmed and validated all powe rs e@ercised, all laws and ordinances promul!ated, all orders made and acts and thin!s done, and actions and proceedin!s taken %y the 2ice )resident as actin! )resident from 1 0ecem%er '--< to - Octo%er '--' (when A%dur 4ahman iswas %ecame )resident followin! his election"# The Act also confirmed and made possi%le the return of 2ice )resident >haha%uddin Ahmed to his previous office as *hief ?ustice of an!ladesh# !'elfth Amendment$ 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# $t amended Articles E, ;;, ;1, ;., ;E, ;-, 1<, .<, ./, '<-, ''-, '/, ''A, and '/ of the *onstitution with the followin! results: • • • •
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the parliamentary form of !overnment was re6introduced& the )resident %ecame the constitutional head of the state& the )rime Dinister %ecame the head of the e@ecutive& the ca%inet headed %y the )rime Dinister %ecame responsi%le to the ?atiya >an!sad& the position of 2ice )resident was a%olished& the office of )resident now %ecame elected %y the mem%ers of the ?atiya >an!sad#
Throu!h the amendment of Article ;- this amendment also ensured the participation of the people5s representatives in local !overnment %odies, thus sta%ilisin! the %ase of democracy in the country# !hirteenth Amendment$ The *onstitution (Thirteenth Amendment" Act '--1 was passed on /1 Darch '--1# $t provided for a non6party caretaker !overnment which, actin! as an interim !overnment, would !ive all possi%le aid and assistance to the lection *ommission for holdin! the !eneral election of mem%ers of the ?atiya >an!sad peacefully, fairly and impartially# The non6party caretaker !overnment, comprisin! the *hief Adviser and not more than '< other advisers, would %e collectively responsi%le to the president and would stand dissolved on the date on which the )rime Dinister entered upon his office after the constitution of the new >an!sad#['] Fourteenth Amendment$ The *onstitution (Fourteenth Amendment" Act, /<< was passed on '1 Day /<<# This amendment amended several articles of the *onstitution: •
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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 eneral, 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 lection *ommissioner#
Fifth Amendment almost repealed $n '-.., when an!ladesh was under martial law, )resident and *hief Dartial 3aw Administrator Da8or eneral 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!itimied %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!itimie 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 #W# *houdhury ('-." The last days of Bnited )akistan p'/E6'/-" ''# ( (>ource #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# overnment 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%!%ToWaCG/!@ HA*DFuy>o!
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