Bangladesh Constitution
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The Constitution of Bangladesh ( bn, বাংলাদেশের সংবিধান — ), officially the Constitution of the People's Republic of Bangladesh ( bn, গণপ্রজাতন্ত্রী বাংলাদেশের সংবিধান — ) is the supreme
law of Bangladesh Bangladesh is a common law country having its legal system developed by the British rulers during their colonial rule over British India. The land now comprises Bangladesh was known as Bengal during the British and Mughal regime while by some other ...
. The document provides the framework that demarcates the Bangladeshi republic with a
unitary Unitary may refer to: Mathematics * Unitary divisor * Unitary element * Unitary group * Unitary matrix * Unitary morphism * Unitary operator * Unitary transformation * Unitary representation * Unitarity (physics) * ''E''-unitary inverse semigrou ...
,
parliamentary democracy A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of the ...
, that enshrines fundamental
human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
and
freedoms Political freedom (also known as political autonomy or political agency) is a central concept in history and political thought and one of the most important features of democratic societies.Hannah Arendt, "What is Freedom?", ''Between Past and F ...
, an
independent judiciary Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan inter ...
, democratic local government and a national bureaucracy. The four fundamental principles of the Constitution are
nationalism Nationalism is an idea and movement that holds that the nation should be congruent with the state. As a movement, nationalism tends to promote the interests of a particular nation (as in a group of people), Smith, Anthony. ''Nationalism: The ...
,
socialism Socialism is a left-wing Economic ideology, economic philosophy and Political movement, movement encompassing a range of economic systems characterized by the dominance of social ownership of the means of production as opposed to Private prop ...
,
democracy Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which people, the people have the authority to deliberate and decide legislation ("direct democracy"), or to choo ...
and
secularism Secularism is the principle of seeking to conduct human affairs based on secular, naturalistic considerations. Secularism is most commonly defined as the separation of religion from civil affairs and the state, and may be broadened to a sim ...
. The Constitution endeavors to create a socialist society in which the rule of law, fundamental
human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
and freedom,
equality Equality may refer to: Society * Political equality, in which all members of a society are of equal standing ** Consociationalism, in which an ethnically, religiously, or linguistically divided state functions by cooperation of each group's elit ...
and
justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
, political, economic and social, is secured for all its citizens. It commits Bangladesh to “contribute to international peace and co-operation in keeping with the progressive aspirations of mankind”. It invokes constitutional supremacy, as opposed to
legislative supremacy Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all ...
since it was created by a
constituent assembly A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected b ...
not
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
and was adopted by the people of Bangladesh in its preamble. Parliament cannot quash parts of the Constitution.
Judicial precedent A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value ...
is enshrined in Bangladesh's Constitution under Article 111, which makes Bangladesh an integral part of the
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
world.
Judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
is also supported by the Constitution. It was adopted by the
Constituent Assembly of Bangladesh The Constituent Assembly of Bangladesh was the constituent assembly of Bangladesh. It was the country's provisional parliament between 1971 and 1973. In 1972, it drafted and adopted the Constitution of Bangladesh. The assembly was dominated by th ...
on 4 November 1972 and became effective on 16 December 1972. The Constitution replaced the Proclamation of Independence as the country's fundamental instrument of government. The Constitution became effective on Bangladesh's
Victory Day Victory Day is a commonly used name for public holidays in various countries, where it commemorates a nation's triumph over a hostile force in a war or the liberation of a country from hostile occupation. In many cases, multiple countries may ob ...
, precisely one year after the signing of the Instrument of Surrender.


Modern Constitutional history


British India

The advent of British rule in the 18th century displaced the centuries of governance developed by South Asian empires. The Regulating Act of 1773 passed by the
Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
was the first basic law in the
Bengal Presidency The Bengal Presidency, officially the Presidency of Fort William and later Bengal Province, was a subdivision of the British Empire in India. At the height of its territorial jurisdiction, it covered large parts of what is now South Asia and ...
. The
British Empire The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading posts e ...
did not grant universal suffrage and democratic institutions to its colonies. The British slowly granted concessions for home rule. The
Government of India Act 1858 The Government of India Act 1858 was an Act of the Parliament of the United Kingdom (21 & 22 Vict. c. 106) passed on 2 August 1858. Its provisions called for the liquidation of the British East India Company (who had up to this point been ruling ...
,
Indian Councils Act 1861 The Indian Councils Act 1861 was an Act of the Parliament of the United Kingdom that transformed India's executive council to function as a cabinet run on the portfolio system. This cabinet had six "ordinary members", who each took charge of a s ...
,
Indian Councils Act 1892 The Indian Councils Act 1892 was an Act of British Parliament that introduced various amendments to the composition and function of legislative councils in British India. Most notably, the act expanded the number of members in the central and ...
and
Indian Councils Act 1909 The Indian Councils Act 1909, commonly known as the Morley–Minto or Minto–Morley Reforms, was an act of the Parliament of the United Kingdom that brought about a limited increase in the involvement of Indians in the governance of British In ...
were later important laws of government. The
legislatures of British India The Legislatures of British India included legislative bodies in the presidencies and provinces of British India, the Imperial Legislative Council, the Chamber of Princes and the Central Legislative Assembly. The legislatures were created under Ac ...
included the
Bengal Legislative Council The Bengal Legislative Council ( was the legislative council of British Bengal (now Bangladesh and the Indian state of West Bengal). It was the legislature of the Bengal Presidency during the late 19th and early 20th centuries. After reforms we ...
and the
Eastern Bengal and Assam Legislative Council The Eastern Bengal and Assam Legislative Council () was the legislative council of Eastern Bengal and Assam, a province of the British India covering Bangladesh and Northeast India. It would meet in the Government House of Dacca, the provinci ...
in the early 20th century. The
Nehru Report The Nehru Report of 1928 was a memorandum All Parties Conference in British India to appeal for a new dominion status and a federal set-up of government for the constitution of India. It also proposed for the Joint Electorates with reservation of ...
recommended for universal suffrage, a bicameral legislature, a senate and a house of representatives. The
Fourteen Points of Jinnah The Fourteen Points of Jinnah were proposed by Muhammad Ali Jinnah in response to the Nehru report. It basically consisted of four Delhi proposals, the three Calcutta amendments, and demands for the continuation of separate electorates and reser ...
demanded provincial autonomy and quotas for Muslims in government. The Government of India Act 1935 established provincial parliaments based on separate electorates. The 1940
Lahore Resolution The Lahore Resolution ( ur, , ''Qarardad-e-Lahore''; Bengali: লাহোর প্রস্তাব, ''Lahor Prostab''), also called Pakistan resolution, was written and prepared by Muhammad Zafarullah Khan and was presented by A. K. Fazlul ...
, supported by the first Prime Minister of Bengal, asked the British government that "the North Western and Eastern Zones of (British) India should be grouped to constitute ‘independent states’". It further proclaimed "that adequate, effective and mandatory safeguards should be specifically provided in the Constitution for minorities in these units and in the regions for the protection of their religious, cultural, economic, political, administrative and other rights". The resolution's status is akin to the magna carta in
Pakistan Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's fifth-most populous country, with a population of almost 243 million people, and has the world's second-lar ...
, in terms of the concept of independence. On 20 June 1947, the
Bengal Legislative Assembly The Bengal Legislative Assembly () was the largest legislature in British India, serving as the lower chamber of the legislature of Bengal (now Bangladesh and the Indian state of West Bengal). It was established under the Government of India A ...
voted on the partition of Bengal. It was decided by 120 votes to 90 that, if Bengal remained united, it should join the
Constituent Assembly of Pakistan The Constituent Assembly of Pakistan ( bn, পাকিস্তান গণপরিষদ, Pākistān Goṇoporishod; ur, , Aāin Sāz Asimblī) was established in August 1947 to frame a constitution for Pakistan. It also served as its first ...
. At a separate meeting of legislators from West Bengal, it was decided by 58 votes to 21 that the province should be partitioned and that West Bengal should join the
Constituent Assembly of India The Constituent Assembly of India was elected to frame the Constitution of India. It was elected by the 'Provincial Assembly'. Following India's independence from the British rule in 1947, its members served as the nation's first Parliament as ...
. At another separate meeting of legislators from East Bengal, it was decided by 106 votes to 35 that Bengal should not be partitioned and 107 votes to 34 that East Bengal should join the Constituent Assembly of Pakistan if Bengal was partitioned. On 6 July 1947, the
Sylhet referendum The 1947 Sylhet referendum was held in the Sylhet District of the Assam Province of British India to decide whether the district would remain in Undivided Assam and therefore within the post-independence Dominion of India, or leave Assam for E ...
voted to partition
Sylhet Division Sylhet Division ( bn, সিলেট বিভাগ) is the northeastern division of Bangladesh. It is bordered by the Indian states of Meghalaya, Assam and Tripura to the north, east and south respectively, and by the Bangladeshi divisions ...
from
Assam Province Assam Province was a province of British India, created in 1912 by the partition of the Eastern Bengal and Assam Province. Its capital was in Shillong. The Assam territory was first separated from Bengal in 1874 as the 'North-East Frontier' n ...
and merge it into East Bengal. On 11 August 1947, Muhammad Ali Jinnah, the president of the Constituent Assembly of Pakistan, declared that religious minorities would enjoy full freedom of religion in the emergent new state.


Union with Pakistan

Section 8 of the
Indian Independence Act 1947 The Indian Independence Act 1947 947 CHAPTER 30 10 and 11 Geo 6is an Act of the Parliament of the United Kingdom that partitioned British India into the two new independent dominions of India and Pakistan. The Act received Royal Assent on 18 Ju ...
provided that the Government of India Act, 1935 with certain amendments and adaptations would be the working Constitution of the
Dominion of Pakistan Between 14 August 1947 and 23 March 1956, Pakistan was an independent federal dominion in the Commonwealth of Nations, created by the passing of the Indian Independence Act 1947 by the British parliament, which also created the Dominion of ...
during the transitional period. The Constituent Assembly of Pakistan included 79 members, of whom 44 were from
East Bengal ur, , common_name = East Bengal , status = Province of the Dominion of Pakistan , p1 = Bengal Presidency , flag_p1 = Flag of British Bengal.svg , s1 = East ...
, 22 from West Punjab, 5 from Sind, 3 from the North West Frontier Province, 1 from Baluchistan and 4 from the acceding princely states. The Bengali Language Movement and demands for replacing separate electorates with joint universal suffrage were key issues in East Bengal. The first constituent assembly was arbitrarily dissolved by the Governor General in 1954. This led to the court challenge of '' Federation of Pakistan v. Maulvi Tamizuddin Khan'', in which the federal court supported the Governor General's decision, although Justice A. R. Cornelius expressed dissent. The dissolution of the assembly was one of the first major blows to democracy in Pakistan. The
Constitution of Pakistan of 1956 The Constitution of 1956 was the fundamental law of Pakistan from March 1956 until the 1958 Pakistani coup d'état. It was the first constitution adopted by independent Pakistan. There were 234 articles 13 parts and 6 schedules. Origins Pakista ...
was adopted by a second constituent assembly elected in 1955. It declared two provinces-
East Pakistan East Pakistan was a Pakistani province established in 1955 by the One Unit Policy, renaming the province as such from East Bengal, which, in modern times, is split between India and Bangladesh. Its land borders were with India and Myanmar, wi ...
and
West Pakistan West Pakistan ( ur, , translit=Mag̱ẖribī Pākistān, ; bn, পশ্চিম পাকিস্তান, translit=Pôścim Pakistan) was one of the two Provincial exclaves created during the One Unit Scheme in 1955 in Pakistan. It was ...
; and two federal languages-
Urdu Urdu (;"Urdu"
'' Bengali Bengali or Bengalee, or Bengalese may refer to: *something of, from, or related to Bengal, a large region in South Asia * Bengalis, an ethnic and linguistic group of the region * Bengali language, the language they speak ** Bengali alphabet, the w ...
. The first Pakistani Constitution was in place for only a few years. General Ayub Khan staged a military coup and introduced the
Constitution of Pakistan of 1962 The Constitution of 1962 was the fundamental law of Islamic Republic of Pakistan from 8 June 1962 until martial law was declared in 25 March 1969. It was abrogated on 25 March 1969 by President Yahya Khan. Origins Pakistan became an independent s ...
. The 1962 Constitution introduced a presidential system in which electoral colleges would be responsible for electing the president and governors. The chief ministers' offices were abolished; and parliament and provincial assemblies were delegated to a mainly advisory role. The system was dubbed "Basic Democracy". In 1965, Fatima Jinnah's failed bid for the presidency prompted allegations of a rigged electoral system. The Six Points of Sheikh Mujibur Rahman demanded parliamentary democracy. Rahman's Six Points were part of the manifesto of the Awami League, the party which won first general election in East and West Pakistan in 1970. The Awami League ran on the platform of developing a new Pakistani Constitution based on the Six Points. The League won 167 out 169 East Pakistani seats in the National Assembly of Pakistan and 288 out of 300 seats in the
East Pakistan Provincial Assembly The East Pakistan Provincial Assembly, known as the East Bengal Legislative Assembly between 1947 and 1955, was the provincial legislature of East Pakistan between 1947 and 1971. It was known as the East Bengal Assembly from 1947 to 1955 when the ...
. The Pakistani military junta refused to transfer power to Prime Minister-elect Sheikh Mujibur Rahman, and instead executed
Operation Searchlight Operation Searchlight was the codename for a planned military operation carried out by the Pakistan Army in an effort to curb the Bengali nationalist movement in former East Pakistan in March 1971. Pakistan retrospectively justified the opera ...
which triggered
Bangladesh War of Independence The Bangladesh Liberation War ( bn, মুক্তিযুদ্ধ, , also known as the Bangladesh War of Independence, or simply the Liberation War in Bangladesh) was a revolution and armed conflict sparked by the rise of the Bengali n ...
.


Bangladesh

The Provisional Government of Bangladesh issued the Proclamation of Independence on 10 April 1971, which served as the interim first Constitution of Bangladesh. It declared “equality, human dignity and social justice” as the fundamental principles of the republic. East Pakistani members of Pakistan's federal and provincial assemblies were transformed into members of the
Constituent Assembly of Bangladesh The Constituent Assembly of Bangladesh was the constituent assembly of Bangladesh. It was the country's provisional parliament between 1971 and 1973. In 1972, it drafted and adopted the Constitution of Bangladesh. The assembly was dominated by th ...
. The constituent assembly had 404 members. After the war, the Constitution Drafting Committee was formed in 1972. The committee included 34 members with Dr.
Kamal Hossain Kamal Hossain (born 20 April 1937) is a founding leader, lawyer and politician of Bangladesh. He is known as the "father of the Bangladeshi constitution" and regarded as an icon of secular democracy in the Indian subcontinent. Hossain currently ...
as its chairman. The Constitution Bill was introduced in the Assembly on 12 October. Its first reading began on 19 October and continued till 30 October. The second reading took place from 31 October to 3 November.
Manabendra Narayan Larma Manabendra Narayan Larma (September 15, 1939 - November 10, 1983), also known as M.N. Larma, was a Jumma Chakma politician and Member of Parliament of Bangladesh. A leading proponent of the rights of the people of the Chittagong Hill Tracts, he ...
made an impassioned appeal to declare the term of citizenship as “Bangladeshi” instead of “
Bengali Bengali or Bengalee, or Bengalese may refer to: *something of, from, or related to Bengal, a large region in South Asia * Bengalis, an ethnic and linguistic group of the region * Bengali language, the language they speak ** Bengali alphabet, the w ...
”. Larma argued that labeling all citizens as Bengali discriminated against non-Bengali communities, including his own Chakma ethnic group. The third reading began on 4 November and it approved 65 amendments to the Constitution Bill and adopted and enacted the Constitution on 4 November. The Constitution came into effect on 16 December 1972. A Westminster style political system was established. It declared nationalism, socialism, democracy and secularism as the fundamental principles of the republic. It proclaimed fundamental human rights, including freedom of speech,
freedom of religion Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freed ...
, freedom of movement,
freedom of assembly Freedom of peaceful assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of people to come together and collectively express, promote, pursue, and defend their collective or shared ide ...
, the
right to education The right to education has been recognized as a human right in a number of international conventions, including the International Covenant on Economic, Social and Cultural Rights which recognizes a right to free, compulsory primary education for ...
and public healthcare among others. A two thirds vote of parliament was required to amend the Constitution. After winning the 1973 general election, the Awami League government often flouted Constitutional rules and principles. The government received strong criticism from the Bangladeshi press, including both Bengali and English newspapers. The Committee for Civil Liberties and Legal Aid was formed to defend the Constitution. The Awami League enacted three Constitutional amendments between 1973 and 1975. The most drastic amendment was in January 1975. It introduced a one party state and a presidential government, while the judiciary's independence was greatly curtailed. Constitutional rule was suspended on 15 August 1975 with the assassination of President Sheikh Mujibur Rahman and the declaration of
martial law Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory. Use Marti ...
. The
Chief Martial Law Administrator The office of the Chief Martial Law Administrator was a senior and authoritative post with Zonal Martial Law Administrators as deputies created in countries such as Pakistan, Bangladesh and Indonesia that gave considerable executive authority and p ...
issued a series of Proclamation Orders between 1975 and 1979 which amended the Constitution. Lieutenant General Ziaur Rahman is credited for many of these Proclamation Orders. The most significant of these orders was defining citizenship as Bangladeshi; other orders included the insertion of religious references and the controversial Indemnity Ordinance. In 1979, martial law was lifted,
multiparty In political science, a multi-party system is a political system in which multiple political parties across the political spectrum run for national elections, and all have the capacity to gain control of government offices, separately or in coal ...
politics was restored and Constitutional rule was revived. The Fifth Amendment in 1979 validated all Proclamation Orders of the martial law authorities. An executive presidency continued until 1982. Martial law was again imposed in the
1982 Bangladesh coup d'état __NOTOC__ Year 198 (CXCVIII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Sergius and Gallus (or, less frequently, year 951 ''Ab ...
. When Constitutional rule was restored in 1986, the Sixth Amendment validated previous Proclamation Orders issued by the Chief Martial Law Administrator. The Eighth Amendment in 1988 declared Islam as the state religion and initiated limited devolution of the judiciary. In 1990, a pro-democracy uprising ousted President Ershad. The uprising was followed by parliamentary elections in 1991. The Twelfth Amendment passed by the fifth parliament is the most influential Constitutional amendment in Bangladesh. It re-established parliamentary government. It amended Articles 48, 55, 56, 57, 58, 59, 60, 70, 72, 109, 119, 124, 141A and 142. The Prime Minister became the executive head of government, and along with the cabinet, was responsible to parliament. Local government was made more democratic. However, the amendment restricted the voting freedom of MPs. According to Article 70, MPs would lose their seat if they voted against their party. This made it impossible for parliament to have a free vote, including no-confidence motions to remove a prime minister. Experts have described the amendment as instituting prime ministerial dictatorship. The Thirteen Amendment in 1996 introduced the
Caretaker government of Bangladesh The Caretaker Government of Bangladesh ( bn, বাংলাদেশের তত্ত্বাবধায়ক সরকার) was a form of government in which Bangladesh used to be ruled by a selected government for an interim period du ...
. In 2010, the
Supreme Court of Bangladesh The Supreme Court of Bangladesh ( bn, বাংলাদেশ সুপ্রীম কোর্ট) is the highest court of law in Bangladesh. It is composed of the High Court Division and the Appellate Division, and was created by Part VI C ...
ruled that the Fifth Amendment of 1979 went against the Constitutional spirit of the country and hence invalidated its removal of clauses related to secularism. The Supreme Court gave the verdict in the case of ''
Bangladesh Italian Marble Works Ltd. v. Government of Bangladesh ''Bangladesh Italian Marble Works Ltd. v. Government of Bangladesh'' is a case of the Appellate Division of the Supreme Court of Bangladesh. In a significant verdict in 2010, the court overturned the fifth amendment to the Constitution of Banglad ...
''. While implementing the supreme court's verdict in the Fifteenth Amendment in 2011, the Awami League-led parliament abolished the caretaker government system, which the party itself had advocated in 1996. In 2017, the Supreme Court declared the Sixteenth Amendment Act of 2014 illegal and void. The amendment had introduced the provision of impeaching judges in parliament. The Supreme Court held that parliament cannot have
conscience vote A conscience vote or free vote is a type of vote in a legislative body where legislators are allowed to vote according to their own personal conscience rather than according to an official line set down by their political party. In a parliamentary ...
s due to Article 70.


Contents


Preamble

BISMILLAH-AR-RAHMAN-AR-RAHIM
In the name of Allah, the Beneficient, the Merciful
In the name of the Creator, the Merciful. We, the people of Bangladesh, having proclaimed our independence on the 26th day of March, 1971 and through a historic struggle for national liberation, established the independent, sovereign People's Republic of Bangladesh; Pledging that the high ideals of nationalism, socialism, democracy and secularism, which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in, the national liberation struggle, shall be the fundamental principles of the Constitution; Further pledging that it shall be a fundamental aim of the State to realise through the democratic process a socialist society, free from exploitation a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens; Affirming that it is our sacred duty to safeguard, protect and defend this Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh so that we may prosper in freedom and may make our full contribution towards international peace and co operation in keeping with the progressive aspirations of mankind; In our Constituent Assembly, this eighteenth day of Kartick, 1379 B.S., corresponding to the fourth day of November, 1972 A.D., do hereby adopt, enact and give to ourselves this Constitution.


The Constitution


Part I: The Republic

States that Bangladesh is a unitary republic. Demarcates the territory of the Republic. Proclaims that Islam is the state religion, but guarantees equal status and equal rights to all religions. Declares Bangla as the state language. Specifies the
national anthem A national anthem is a patriotic musical composition symbolizing and evoking eulogies of the history and traditions of a country or nation. The majority of national anthems are marches or hymns in style. American, Central Asian, and Europea ...
, national flag, and
national emblem A national emblem is an emblem or seal that is reserved for use by a nation state or multi-national state as a symbol of that nation. Many nations have a seal or emblem in addition to a national flag A national flag is a flag that represents ...
of the Republic. Declares
Dhaka Dhaka ( or ; bn, ঢাকা, Ḍhākā, ), formerly known as Dacca, is the capital and largest city of Bangladesh, as well as the world's largest Bengali-speaking city. It is the eighth largest and sixth most densely populated city i ...
as the
national capital A capital city or capital is the municipality holding primary status in a country, state, province, department, or other subnational entity, usually as its seat of the government. A capital is typically a city that physically encompasses the g ...
. Provides eligibility for citizenship. States that all powers are derived from the people, and the exercise of such powers will be by the authority of the Constitution. Proclaims that the Constitution is the supreme law of Bangladesh, and that any laws inconsistent with the Constitution are void and of no effect. Article 7A prohibits the suspension or abrogation of the Constitution. States that certain parts of the Constitution are unamendable.


Part II: Fundamental Principles of State Policy

States that
nationalism Nationalism is an idea and movement that holds that the nation should be congruent with the state. As a movement, nationalism tends to promote the interests of a particular nation (as in a group of people), Smith, Anthony. ''Nationalism: The ...
,
socialism Socialism is a left-wing Economic ideology, economic philosophy and Political movement, movement encompassing a range of economic systems characterized by the dominance of social ownership of the means of production as opposed to Private prop ...
,
democracy Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which people, the people have the authority to deliberate and decide legislation ("direct democracy"), or to choo ...
and
secularism Secularism is the principle of seeking to conduct human affairs based on secular, naturalistic considerations. Secularism is most commonly defined as the separation of religion from civil affairs and the state, and may be broadened to a sim ...
are the fundamental principles of state policy. Pledges to ensure the emancipation of peasants and workers. States that education will be free and compulsory. Endeavours to protect and improve the environment. States that the Republic will ensure equality of opportunity to all citizens. States that endeavours will be made to ensure the equality of opportunity and participation of women in all spheres of life. Declares the
separation of powers Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
between the judiciary and the executive. States that measures will be adopted to conserve cultural traditions and the heritage of the people. Ensures the protection of national monuments. States that the Republic will promote international peace and to support oppressed people throughout the world.


Part III: Fundamental Rights

Declares that all laws inconsistent with the fundamental rights of the Constitution are to be void. Enshrines the principle of equality before the law. Prohibits discrimination on the basis of religion, race, caste, sex or place of birth. States that there will be equality of opportunity for people who seek public employment. Prohibits citizens of the Republic from receiving foreign titles, honours, awards or decorations without prior approval by the President. Declares that the protection of the law is the inalienable right of all citizens. Proclaims that no person shall be deprived of life and personal liberty. Provides safeguards for those in detention. Prohibits the use of forced labour. Provides protections for persons in respect of trial and punishment. Enshrines freedom of movement; freedom of assembly; freedom of association; freedom of thought, conscience and speech; freedom of profession or occupation; and freedom of religion. States that all citizens have the right to acquire property. States that all citizens have the right to protect their homes and means of communication. Declares that the Supreme Court will enforce the fundamental rights of the Constitution. Reserves the right to provide indemnity to individuals.


Part IV: The Executive


Chapter I: The President

Declares that Bangladesh will have a
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
who will serve as
Head of State A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...
of the Republic. States that the President will be elected by members of the
Jatiya Sangsad The Jatiya Sangsad ( bn, জাতীয় সংসদ, lit=National Parliament, translit=Jatiyô Sôngsôd), often referred to simply as the ''Sangsad'' or JS and also known as the House of the Nation, is the supreme legislative body of B ...
. Prescribes that the President will only act in accordance with the advice of the Prime Minister, with the exception of the appointment of the
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister i ...
and the Chief Justice. Specifies that the President must have attained the age of 35 years, and must be qualified for election as a Member of Parliament. States that the President has the power to grant pardons and to commute or suspend the sentences of individuals convicted in a court. Specifies that the President is limited to serving two 5-year terms in office, regardless of whether they are consecutive or not. Outlines that in order to tender their resignation, the President must write under their hand addressed to the
Speaker Speaker may refer to: Society and politics * Speaker (politics), the presiding officer in a legislative assembly * Public speaker, one who gives a speech or lecture * A person producing speech: the producer of a given utterance, especially: ** I ...
. Outlines the process of impeachment and removal from office of the President. Specifies the process of removal from office of the President on grounds of physical or mental incapacity. States that the Speaker will discharge the duties of President in the event of the President's absence.


Chapter II: The Prime Minister and The Cabinet

States that the Republic is to have a Cabinet with the
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister i ...
as its Head. Prescribes that the executive power of the Republic is to be exercised by or on the authority of the Prime Minister. States that appointments to the Cabinet will be determined by the Prime Minister and made by the
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
. Specifies that not less than nine-tenths of members of the Cabinet must be Members of Parliament. States that the President will appoint as Prime Minister the Member of Parliament who appears to command the confidence of the
Jatiya Sangsad The Jatiya Sangsad ( bn, জাতীয় সংসদ, lit=National Parliament, translit=Jatiyô Sôngsôd), often referred to simply as the ''Sangsad'' or JS and also known as the House of the Nation, is the supreme legislative body of B ...
. States that the office of Prime Minister will become vacant in the event they: tender their resignation to the President; cease to be a Member of Parliament or cease to retain the confidence of the majority of members of the
Jatiya Sangsad The Jatiya Sangsad ( bn, জাতীয় সংসদ, lit=National Parliament, translit=Jatiyô Sôngsôd), often referred to simply as the ''Sangsad'' or JS and also known as the House of the Nation, is the supreme legislative body of B ...
. There are no term limits specified for the Prime Minister. Specifies the tenure of office of other Ministers.


Chapter III: Local Government

Makes provision for democratically-elected local government in every administrative unit in the Republic. States that powers exercised by local government will be delegated by
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
.


Chapter IV: The Defence Services

Declares that the
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
is the Commander-in-Chief of the Armed Forces of Bangladesh. States that the exercise of such powers will be determined by law. States that Parliament will by law provide for the regulation of the defence services, including the maintenance of the defence services; the grating of commissions; the appointment of chiefs of staff of the defence services and the discipline and other matters relating to the defence services. Reserves the right to
declare war A declaration of war is a formal act by which one state announces existing or impending war activity against another. The declaration is a performative speech act (or the signing of a document) by an authorized party of a national government, in ...
for Parliament.


Chapter V: The Attorney General

States that the
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
will appoint someone who is qualified to serve as a Justice of the Supreme Court as Attorney General. States that in exercise of their duties, the Attorney General is entitled to attend the proceedings of any courts in the Republic.


Part V: The Legislature


Chapter I: Parliament

Proclaims that there will be a Parliament for Bangladesh known as the House of the Nation, which will be vested with the legislative powers of the Republic. States that Parliament will consist of 300 directly-elected members, while 50 seats will be reserved exclusively for women and will be allocated on a proportional basis. Specifies that a person is required to be a citizen of Bangladesh who has attained the age of 25 years in order to qualify for election to Parliament. Also specifies the procedure to disqualify an individual from election to Parliament. Outlines the procedure for a Member of Parliament to vacate their seat. States that a Member of Parliament who is absent from Parliament for 90 consecutive days will of vacated their seat. States that Members of Parliament are entitled to remuneration. Prescribes a penalty for Members of Parliament who take their seats or vote before reciting the oath of office. States that a Member of Parliament who resigns from their party or votes against their party in Parliament will vacate their seat. Allows candidates to stand for election in multiple constituencies, but in the event a single candidate is elected to more than one, they are required to vacate all but one seat. Specifies that Parliament will be summoned, prorogued and dissolved by the President. States that Parliament will sit for a five-year term. Decrees that at the commencement of the first session of Parliament after a general election and the commencement of the first session of Parliament every year, the President is to make an address to Parliament. States that Ministers are entitled to address and take part in the proceedings of Parliament, but only Minister who are Members of Parliament are entitled to vote. States that Parliament will, in its first sitting after a general election, elect a
Speaker Speaker may refer to: Society and politics * Speaker (politics), the presiding officer in a legislative assembly * Public speaker, one who gives a speech or lecture * A person producing speech: the producer of a given utterance, especially: ** I ...
and Deputy Speaker among its members. States that the individual presiding over proceedings is not entitled to vote unless there is an equality of votes. Specifies that the quorum of the Parliament will be 60 members. States that Parliament will appoint among its members a number of standing committees. Makes provision for the establishment of the office of the Ombudsman. States that Members of Parliament are protected by parliamentary privilege. Prescribes that Parliament will have its own secretariat.


Chapter II: Legislative and Financial Procedures

Outlines the
legislative procedure A bill is proposed legislation under consideration by a legislature. A bill does not become law until it is passed by the legislature as well as, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an '' ...
for a
Bill Bill(s) may refer to: Common meanings * Banknote, paper cash (especially in the United States) * Bill (law), a proposed law put before a legislature * Invoice, commercial document issued by a seller to a buyer * Bill, a bird or animal's beak Plac ...
to become an
Act of Parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...
. States that assent is required from the
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
in order for a Bill to become an Act of Parliament. Specifies that if the President fails to assent to a Bill within fifteen days of it being presented to them, it will be deemed that they have assented to the bill and it will become law. Outlines the legislative procedure for
Money Bills In the Westminster system (and, colloquially, in the United States), a money bill or supply bill is a bill that solely concerns taxation or government spending (also known as appropriation of money), as opposed to changes in public law. Co ...
. States that Money Bills can only be introduced with the recommendation of the President. States that taxes can only be levied or collected under the authority of an Act of Parliament. States that taxes can only be levied and collected under the authority of an Act of Parliament. States that all revenue received by the
Government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is ...
from the repayment of loans will form part of a single fund known as the Consolidated Fund. States that all other public revenue will be credited to the Public Account of the Republic. States that the custody of public money and their payment into and the withdrawal from the Consolidated Fund will be regulated by an Act of Parliament. Outlines the revenue payable to the Public Account of the Republic. States that an Annual Financial Statement must be laid before Parliament for each respective
financial year A fiscal year (or financial year, or sometimes budget year) is used in government accounting, which varies between countries, and for budget purposes. It is also used for financial reporting by businesses and other organizations. Laws in many ...
. Specifies the charges of the Consolidated Fund. Outlines the procedure relating to the Annual Financial Statement. Makes provision for an Appropriations Act to be defrayed from the Consolidated Fund. Makes provision for the use of supplementary and excess grants, in the event the total amount authorised to spend in a fiscal year is not sufficient. Specifies the powers of Parliament in relation to the Consolidated Fund.


Chapter III: Ordinance Making Power

States that in the event that the
Jatiya Sangsad The Jatiya Sangsad ( bn, জাতীয় সংসদ, lit=National Parliament, translit=Jatiyô Sôngsôd), often referred to simply as the ''Sangsad'' or JS and also known as the House of the Nation, is the supreme legislative body of B ...
is dissolved, and immediate action is necessary, the
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
may make or promulgate Ordinances.


Part VI: The Judiciary


Chapter I: The Supreme Court

Declares that there is to be a Supreme Court, consisting of an Appellate Division and a
High Court Division The High Court Division, Supreme Court of Bangladesh ( bn, হাইকোর্ট ডিভিশন) popularly known as the 'High Court' is one of the two divisions of the Supreme Court of Bangladesh, the other division being the Appellate D ...
. States that there is to be a Chief Justice and other Judges who are to be appointed by the
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
. Decrees that the Chief Justice and the other Judges will be
independent Independent or Independents may refer to: Arts, entertainment, and media Artist groups * Independents (artist group), a group of modernist painters based in the New Hope, Pennsylvania, area of the United States during the early 1930s * Independ ...
in the exercise of their judicial functions. Outlines the procedure for the appointment of the Chief Justice and other Judges. States that a Judge must be a citizen of Bangladesh who has either been an Advocate at the Supreme Court for a minimum of ten years, or has held judicial office in Bangladesh for ten years. States that a Judge is entitled to serve until they have attained the age of sixty-seven years. States that the President can, pursuant to a resolution passed by not less than two-thirds of Members of Parliament, remove Judges. Makes provision for the temporary appointment of the Chief Justice. States that the President may appoint one or more duly qualified persons to serve as an Additional Judge for a period not exceeding two years. States that after their retirement or removal, a Judge is prohibited from holding an office of profit in service of the Republic. States that the seat of the Supreme Court will be the national capital,
Dhaka Dhaka ( or ; bn, ঢাকা, Ḍhākā, ), formerly known as Dacca, is the capital and largest city of Bangladesh, as well as the world's largest Bengali-speaking city. It is the eighth largest and sixth most densely populated city i ...
. Specifies the
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...
of the High Court Division. Grants the High Court Division the authority to issue certain orders and directions. Specifies the jurisdiction of the Appellate Division. Grants the Appellate Division the power to issue directions, orders, decrees or writs. States that the Appellate Division will have the power to review any judgments or orders issued by it. States that in the event that the President believes a question of law has arisen that is of public importance, the Supreme Court may report its opinion to the President. States that the Supreme Court has the power to make rules which regulate the practise and procedure of each Division of the Supreme Court and any other subordinate court. States that the Supreme Court will be a court of record. States that the Supreme Court will have superintendence over all courts and tribunals subordinate to it. Outlines the procedure for the transfer of cases from subordinate courts to the High Court Division. States that the law declared by the Appellate Division and the High Court Division will be legally-binding and will be binding in all subordinate courts in the Republic. States that all authorities, executive and judicial, in the Republic will act in aid of the Supreme Court. Specifies the appointment procedure of the staff of the Supreme Court.


Chapter II: Subordinate Courts

Makes provision for the establishment of subordinate courts in the Republic. Outlines that the appointment of persons to offices in the judicial service or as magistrates exercising judicial functions will be made by the President. States that the control and discipline of subordinate courts will be vested in the President and will be exercised in consultation with the Supreme Court. States that all persons employed in the judicial service and all magistrates shall be
independent Independent or Independents may refer to: Arts, entertainment, and media Artist groups * Independents (artist group), a group of modernist painters based in the New Hope, Pennsylvania, area of the United States during the early 1930s * Independ ...
in the exercise of their judicial functions.


Chapter III: Administrative Tribunals

States that Parliament shall have the power to establish one or more administrative tribunals.


Part VII: Elections

Makes provision for the establishment of an
Bangladesh Election Commission The Bangladesh Election Commission ( bn, বাংলাদেশ নির্বাচন কমিশন), abbreviated and publicly referred to as EC, is an independent constitutional body that operates the legal functions of election laws in ...
, chaired by the Chief Election Commissioner. Prescribes the functions of the Election Commission. Outlines the procedure for the appointment of staff to the election commission. States that there is to be a single electoral roll for each constituency. Specifies that in order to qualify for registration as a voter, an individual is required to be a citizen of Bangladesh who has attained the age of 18 years. Outlines the timetable for conducting general elections. States that Parliament may from time to time pass laws that regulate the delimitation of constituencies, the preparation of electoral rolls, or the holding of elections. Prohibits courts in the Republic from questioning the validity of electoral law or elections. States that it is the duty of all executive authorities in the Republic to assist the Election Commission in the discharge of its functions.


Part VIII: The Comptroller and Auditor General

Makes provision for the establishment of a
Comptroller and Auditor General of Bangladesh The Office of the Comptroller and Auditor General of Bangladesh ( bn, বাংলাদেশের মহা হিসাব নিরীক্ষক ও নিয়ন্ত্রক এর কার্যালয়) ( C&AG) is the Supr ...
. Prescribes the functions and duties of the Auditor-General. Outlines the term of office for the Auditor-General. Specifies the procedure for the appointment of an Acting Auditor-General. States that the Public Accounts of the Republic will be kept in a manner prescribed by the Auditor-General. States that the reports of the Auditor-General are to be laid before Parliament.


Part IX: The Services of Bangladesh


Chapter I: Services

States that Parliament may by law regulate the appointment of persons employed by the Republic. Specifies the tenure in office for persons employed by the Republic. Outlines the procedure for the dismissal of persons from service to the Republic. Makes provision for the reorganisation of the services of the Republic ** Chapter II:Public Service Commissions * Part X: Amendment of the Constitution * Part XI: Miscellaneous


Freedom of religion

Freedom of religion Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freed ...
is one of the cornerstones of Bangladesh's Constitution. Article 12 calls for secularity, the elimination of interfaith tensions and prohibits the abuse of religion for political purposes and any discrimination against, or persecution of, persons practicing a particular religion. Article 41 subjects religious freedom to public order, law and morality; it gives every citizen the right to profess, practice or propagate any religion; every religious community or denomination the right to establish, maintain and manage its religious institutions; and states that no person attending any educational institution shall be required to receive religious instruction, or to take part in or to attend any religious ceremony or worship, if that instruction, ceremony or worship relates to a religion other than his own. Governments have generally supported and respected religious freedom.


International agreements

As of 2017, Bangladesh is a state party to the following international treaties concerning human rights. Bangladesh can in theory be held liable for its performance in the fields of these treaties. *
International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, fr ...
*
International Covenant on Economic, Social and Cultural Rights The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came in force from 3 January 197 ...
*
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (commonly known as the United Nations Convention Against Torture (UNCAT)) is an international human rights treaty under the review of the United Nation ...
*
International Convention on the Elimination of All Forms of Racial Discrimination The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is a United Nations convention. A third -generation human rights instrument, the Convention commits its members to the elimination of racial discri ...
*
Convention on the Prevention and Punishment of the Crime of Genocide The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), or the Genocide Convention, is an international treaty that criminalizes genocide and obligates state parties to pursue the enforcement of its prohibition. It was ...
* Rome Statute of the International Criminal Court *
Convention on the Rights of the Child The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The Co ...
*
Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages The Convention on Consent to Marriage, Minimum Age for Marriage, and Registration of Marriages is a treaty agreed upon in the United Nations on the standards of marriage. The treaty was drafted by the Commission on the Status of Women and opene ...
* Convention on the Rights of Persons with Disabilities * Convention on the Elimination of All Forms of Discrimination against Women *
Convention on the Political Rights of Women The Convention on the Political Rights of Women was approved by the United Nations General Assembly during the 409th plenary meeting, on 20 December 1952, and adopted on 31 March 1953. The Convention's purpose is to codify a basic international ...
Among the notable agreements Bangladesh is not a state party to include the following. * Convention relating to the Status of Refugees *
Convention relating to the Status of Stateless Persons The Convention Relating to the Status of Stateless Persons is a 1954 United Nations multilateral treaty that aims to protect stateless individuals. Surrounding events The United Nations Charter and Universal Declaration of Human Rights were a ...
*
Convention on the Reduction of Statelessness The Convention on the Reduction of Statelessness is a 1961 United Nations multilateral treaty whereby sovereign states agree to reduce the incidence of statelessness. The Convention was originally intended as a Protocol to the Convention Relat ...
*
International Convention for the Protection of All Persons from Enforced Disappearance The International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) is an international human rights instrument of the United Nations intended to prevent forced disappearance, which, as defined in international la ...
* Indigenous and Tribal Peoples Convention *
Second Optional Protocol to the International Covenant on Civil and Political Rights The Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, is a subsidiary agreement to the International Covenant on Civil and Political Rights. It was created on 15 D ...
on abolishing the death penalty


Judicial precedent

Article 111 of the Constitution proclaims the doctrine of binding
judicial precedent A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value ...
. According to the article, the law declared by the
Supreme Court of Bangladesh The Supreme Court of Bangladesh ( bn, বাংলাদেশ সুপ্রীম কোর্ট) is the highest court of law in Bangladesh. It is composed of the High Court Division and the Appellate Division, and was created by Part VI C ...
, including its Appellate Division and the
High Court Division The High Court Division, Supreme Court of Bangladesh ( bn, হাইকোর্ট ডিভিশন) popularly known as the 'High Court' is one of the two divisions of the Supreme Court of Bangladesh, the other division being the Appellate D ...
, are binding in all subordinate courts.


Judicial review

The Constitution does not specifically mention the term
judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
, but Article 102 allows writ petitions to be filed at the High Court Division for reviewing laws, the actions and policies of authorities and lower court proceedings. Articles 7(2), 26, 44(1) & 102 are considered to indirectly support the system of judicial review.


Constitutional reform

Dr.
Kamal Hossain Kamal Hossain (born 20 April 1937) is a founding leader, lawyer and politician of Bangladesh. He is known as the "father of the Bangladeshi constitution" and regarded as an icon of secular democracy in the Indian subcontinent. Hossain currently ...
, who is described as the “father of the Bangladeshi Constitution”, has been an ardent supporter of reforming the document to reflect the values of the 21st century. Hossain has blamed amendments during military rule for eroding the Constitution's principles. Justice
Muhammad Habibur Rahman Muhammad Habibur Rahman (3 December 1928 – 11 January 2014) was a Chief Justice of Bangladesh Supreme Court in 1995. He was the Chief Adviser of the 1996 caretaker government which oversaw the Seventh parliamentary elections in Bangladesh. H ...
, a former Chief Justice and interim prime minister, proposed that a Constitution Commission be formed to explore the prospects for Constitutional reform. A. T. M. Shamsul Huda, a former Chief Election Commissioner, has called for a Constitutional amendment to ensure "checks and balances" and the
separation of powers Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
.


Amendments

, the Constitution of the People's Republic of Bangladesh has been amended 17 times.


Comparisons with other Constitutions

Bangladesh has a single codified document as its Constitution, as in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
,
India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
,
Brazil Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
,
Pakistan Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's fifth-most populous country, with a population of almost 243 million people, and has the world's second-lar ...
,
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
and
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of overseas regions and territories in the Americas and the Atlantic, Pacific and Indian Oceans. Its metropolitan area ...
. It is not an
unwritten constitution An uncodified constitution is a type of constitution where the fundamental rules often take the form of customs, usage, precedent and a variety of statutes and legal instruments.Johari, J. C. (2006) ''New Comparative Government'', Lotus Press, N ...
or a set of Constitutional statutes, as in
Britain Britain most often refers to: * The United Kingdom, a sovereign state in Europe comprising the island of Great Britain, the north-eastern part of the island of Ireland and many smaller islands * Great Britain, the largest island in the United King ...
,
Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
,
Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
,
New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
,
Saudi Arabia Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in Western Asia. It covers the bulk of the Arabian Peninsula, and has a land area of about , making it the fifth-largest country in Asia, the second-largest in the A ...
and Sweden.


See also

*
List of national constitutions The following is a list of national constitutions by country, semi-recognized countries, and by codification (law), codification. Codified constitutions (most recent, in use today) A codified constitution is a constitution that is contained in a ...


References


External links

*
Glimpses on pre-Constitutional documents of Bangladesh
{{Authority control Government of Bangladesh