Misplaced Pages

#657342

97-406: The Constitution of Bangladesh is the supreme law of Bangladesh . Adopted by the 'controversial' and virtually "one-party" Constituent Assembly of Bangladesh on 4 November 1972, it came into effect on 16 December 1972. The Constitution establishes Bangladesh as a unitary parliamentary republic. Directly borrowing from the four tenets of Mujibism , the political ideology of Sheikh Mujibur Rahman ,

194-482: A Constitutional Assembly. Rifat Hasan contends that the current constitution has lost its ethical authority to its citizens, particularly in the context of the July uprising, making it necessary to adopt a new one. He has suggested forming an all-party Guardian Council to ensure broad participation in the drafting and adopting process. This council would draft the constitution and, after approval, present it for adoption via

291-593: 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,

388-717: 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 . Specifies the jurisdiction 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

485-400: 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

582-458: A general election, elect a Speaker 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

679-523: A government circular in 1987, the code has been published primarily in Bengali . The language of the Supreme Court and High Court is English. However, most magistrates courts and district courts use Bengali. The lack of a uniform language has been a cause of concern, with arguments in favor of both English and Bengali. The country's financial sector depends on English, whereas cultural nationalists prefer Bengali. The Right to Information Act 2009 passed by

776-601: A model for reforms. The Company Law Reforms Committee was set up in 1979 with leading civil servants, chartered accountants and lawyers. The committee's recommendations were not implemented until 1994, when the Companies Act (Bangladesh) 1994 was passed by the Jatiyo Sangshad . The Securities and Exchange Commission Act of 1993 created the Bangladesh Securities and Exchange Commission to oversee

873-674: 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 Pakistani military junta refused to transfer power to Prime Minister-elect Sheikh Mujibur Rahman, and instead executed Operation Searchlight which triggered Bangladesh War of Independence . The Provisional Government of Bangladesh issued

970-483: 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

1067-485: 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

SECTION 10

#1732772162658

1164-506: A referendum. However, senior lawyer Z. I. Khan Panna has voiced opposition to the idea, warning that abolishing the constitution now could lead to future repeals within the next decade or two. However, it remains uncertain whether the process will result in mere reforms or a complete constitutional overhaul. These were the nine members who were tasked with reforming the Constitution of Bangladesh. Law of Bangladesh Bangladesh

1261-406: A religion other than his own. Governments have generally supported and respected religious freedom. 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. Among the notable agreements Bangladesh is not a state party to include the following. Article 111 of

1358-559: A system of writ petitions to the High Court Division under Article 102 of the constitution. The Bangladesh International Arbitration Center is the sole court of commercial arbitration in the country. It is the country's first center for alternative dispute resolution . In Bangladesh, a lawyer is called an advocate once they join the Bar. Law students have the option to study abroad, such as training to become barristers in

1455-552: 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 names earlier. Though there were religious and political equipments and institutions from almost prehistoric era, Mughals first tried to recognise and establish them through state mechanisms. The Charter of 1726, granted by King George I , authorised

1552-658: Is akin to the magna carta in Pakistan , in terms of the concept of independence. On 20 June 1947, the Bengal Legislative Assembly voted on the partition of Bengal . It was decided by 126 votes to 90 that, if Bengal remained united, it should join the Constituent Assembly of Pakistan . At a separate meeting of legislators from West Bengal, it was decided by 58 votes to 21 that the province should be partitioned and that West Bengal should join

1649-403: 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; States that Bangladesh is a unitary republic. Demarcates the territory of

1746-653: Is the basis of customs law. The Income Tax Rules were promulgated by ordinance in 1984. Value Added Tax was revised with the Value Added Tax (VAT) and Supplementary Duty (SD) Act 2012. The Municipal Taxation Act 1881 governs municipal taxes. The Bangladesh Labour Act 2006 was amended with the Bangladesh Labour (Amendment) Bill, 2013 to improve worker rights , including greater but limited freedom to form trade unions , and improving occupational health and safety condition in factories. In 2017,

1843-605: Is to be a Chief Justice and other Judges who are to be appointed by the President . Decrees that the Chief Justice and the other Judges will be independent 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

1940-622: The Bengal Legislative Council and the Eastern Bengal and Assam Legislative Council in the early 20th century. The Nehru Report recommended for universal suffrage, a bicameral legislature, a senate and a house of representatives. The Fourteen Points of Jinnah 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 , supported by

2037-578: The Constituent Assembly of India . At another separate meeting of legislators from East Bengal, it was decided by 106 votes to 35 that Bengal should not be partitioned and 107 votes to 34 that East Bengal should join the Constituent Assembly of Pakistan if Bengal was partitioned. On 6 July 1947, the Sylhet referendum voted to partition Sylhet Division from Assam Province and merge it into East Bengal. On 11 August 1947, Muhammad Ali Jinnah ,

SECTION 20

#1732772162658

2134-737: The East India Company to establish Mayor's Courts in Madras, Bombay and Calcutta and is recognised as the first codified law for the British India. As a part of the then British India, it was the first codified law for the then Bengal too. Since independence in 1971, statutory law enacted by the Parliament of Bangladesh has been the primary form of legislation. Judge-made law continues to be significant in areas such as constitutional law . Unlike in other common law countries,

2231-681: The Eastern Bengal and Assam Legislative Council . During the period of dyarchy , the council was boycotted by the Congress Party and Swaraj Party ; but constitutionalists in the Bengal Provincial Muslim League continued to be active members. Under the Government of India Act 1935 , the council became the upper chamber of the legislature of Bengal. The council grew from 12 members in 1862, to 20 in 1892, 53 in 1909, 140 in 1919 and 63–65 in 1935. Under

2328-539: The Government 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

2425-924: The Jatiyo Sangshad was hailed as a major reform. The law allows information requests to most government departments, except the military. Hence, security agreements with foreign countries are not under its purview. As of 2016, 76,043 requests have been made to the Chief Information Commissioner by citizens and organizations. The main criminal laws are The Penal Code, 1860 , the Code of Criminal Procedure , The Cattle Trespass Act 1871, The Explosive Substances Act 1908, The Prevention of Corruption Act 1947, The Anti-Corruption Act 1957, The Special Powers Act 1974, The Dowry Prohibition Act 1980, The Narcotics (Control) Act 1990 , The Women and Children Oppression Act 1995 and The Anti-Terrorism Act 2013. Bangladesh's company law has its roots in

2522-626: The Joint Stock Companies Act 1844 enacted by the Parliament of the United Kingdom . It was later influenced by the Companies Act 1857, Companies Act 1913 and Companies Act 1929 . The Securities and Exchange Ordinance, 1969 was the most important piece of legislation incorporating corporate activities during the Pakistan period. After the independence of Bangladesh, post partition Indian company law served as

2619-599: The Prime Minister as its Head . Prescribes that the executive power of the Republic is to be exercised by or on the authority of the Prime Minister. States that appointments to the Cabinet will be determined by the Prime Minister and made by the President . Specifies that not less than nine-tenths of members of the Cabinet must be Members of Parliament. States that the President will appoint as Prime Minister

2716-472: The Proclamation of Independence on 10 April 1971, which served as the interim first Constitution of Bangladesh. It declared "equality, human dignity and social justice" as the fundamental principles of the republic. East Pakistani members of Pakistan's federal and provincial assemblies were transformed into members of the Constituent Assembly of Bangladesh . The constituent assembly had 404 members. After

2813-680: The Supreme Court of Bangladesh has the power to not only interpret laws made by the parliament, but to also declare them null and void and to enforce fundamental rights of the citizens. The Bangladesh Code includes a compilation of all laws since 1836. The vast majority of Bangladeshi laws are in English. But most laws adopted after 1987 are in Bengali. Family law is intertwined with religious law . Bangladesh has significant international law obligations. During periods of martial law in

2910-750: The World Justice Project , Bangladesh ranked 103rd out of 113 countries in an index of the rule of law in 2016. Part III of the Constitution of Bangladesh includes the articles of fundamental rights . Judicial precedent is enshrined under Article 111 of the Constitution of Bangladesh. Bangladeshi courts have provided vital judicial precedent in areas like constitutional law, such as in Bangladesh Italian Marble Works Ltd. v. Government of Bangladesh , which declared martial law illegal. The judgement of Secretary, Ministry of Finance v Masdar Hossain asserted

3007-827: The separation of powers and judicial independence . In Aruna Sen v. Government of Bangladesh , the Supreme Court set a precedent against unlawful detention and torture. The court affirmed the principle of natural justice in the judgement of Abdul Latif Mirza v. Government of Bangladesh . The two verdicts were precedents for invalidating most detentions under the Special Powers Act, 1974 . The doctrine of legitimate expectation in Bangladeshi law has developed through judicial precedent . The Bangladesh Code has been published since 1977. Most of its laws, dating between 1836 and 1987, are in English . Following

Constitution of Bangladesh - Misplaced Pages Continue

3104-723: The 1970s and 1980s, proclamations and ordinances were issued as laws. In 2010, the Supreme Court declared that martial law was illegal, which led to a re-enactment of some laws by parliament. A Right to Information Act has been enacted. Several of Bangladesh's laws are controversial, archaic or in violation of the country's own constitution . They include the country's prostitution law, special powers act , blasphemy law , sedition law, internet regulation law, NGO law, media regulation law, military justice and aspects of its property law . Many colonial laws require modernization. There are no jury trials in Bangladesh. All criminal and civil cases are decided in bench trials . According to

3201-478: 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

3298-599: The Act of 1861, the council included 12 members nominated by the Lieutenant Governor of Bengal. The members included four government officials, four non-government Anglo-Indians and four Bengali gentlemen. From 1862 to 1893, 123 persons were nominated to the council, of whom only 49 were native Indian members, 35 were members of the British Indian Association and 26 were aristocrats. Under

3395-792: The Act of 1892, the Lieutenant Governor could nominate 7 members on the recommendation of the Bengal Chamber of Commerce , municipalities , district councils , the University of Calcutta and the Corporation of Calcutta. Total members 20 [40% elected members] and [60% official] Under the Act of 1909, the council had the following composition. Under the Act of 1919, the council had 140 members. There were 92 seats assigned to general constituencies, divided into Muslim, non-Muslim, European, and Anglo-Indian sections. Another 22 seats were assigned to special electorates, namely landholders,

3492-444: 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

3589-607: The Attorney General is entitled to attend the proceedings of any courts in the Republic. 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

3686-518: The Constitution proclaims the doctrine of binding judicial precedent . According to the article, the law declared by the Supreme Court of Bangladesh , including its Appellate Division and the High Court Division , are binding in all subordinate courts. Article 111 makes Bangladesh an integral part of the common law world. Judicial review is also supported by the Constitution The Constitution does not specifically mention

3783-401: The Constitution's principles. Justice Muhammad Habibur Rahman , a former Chief Justice and interim prime minister, proposed that a Constitution Commission be formed to explore the prospects for Constitutional reform. 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 . Following

3880-455: 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 politics was restored and Constitutional rule was revived. The Fifth Amendment in 1979 validated all Proclamation Orders of

3977-683: 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

Constitution of Bangladesh - Misplaced Pages Continue

4074-551: The Ombudsman. States that Members of Parliament are protected by parliamentary privilege . Prescribes that Parliament will have its own secretariat. Outlines the legislative procedure for a Bill to become an act of parliament . States that assent is required from the President 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

4171-522: The President must write under their hand addressed to the Speaker . 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. States that the Republic is to have a Cabinet with

4268-500: 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

4365-433: 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 in the exercise of their judicial functions. States that Parliament shall have the power to establish one or more administrative tribunals. Makes provision for

4462-541: 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. 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

4559-554: The Republic. Makes provision for the reorganisation of the services of the Republic Freedom of religion 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

4656-429: 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 , national flag , and national emblem of the Republic. Declares Dhaka as the national capital . Provides eligibility for citizenship. States that all powers are derived from the people, and the exercise of such powers will be by

4753-410: 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. 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

4850-483: The Republic. States that an Annual Financial Statement must be laid before Parliament for each respective financial year . 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

4947-408: 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

SECTION 50

#1732772162658

5044-475: The Supreme Court will enforce the fundamental rights of the Constitution. Reserves the right to provide indemnity to individuals. Declares that Bangladesh will have a President who will serve as Head of State of the Republic. States that the President will be elected by members of the Jatiya Sangsad . Prescribes that the President will only act in accordance with the advice of the Prime Minister, with

5141-596: The United Kingdom or in other countries, and can return to Bangladesh to enroll as advocates in the Bangladesi Bar Council. The Bangladesh Bar Council and the Bangladesh Supreme Court Bar Association are the leading lawyers' societies in the country. Many of Asia 's leading lawyers. such as former Amnesty International chief Irene Khan , have been Bangladeshi. Bengal Legislative Council The council

5238-674: The amendment as instituting prime ministerial dictatorship. The Thirteen Amendment in 1996 introduced the Caretaker government of Bangladesh . In 2010, the Supreme Court of Bangladesh ruled that the Fifth Amendment of 1979 went against the Constitutional spirit of the country and hence invalidated its removal of clauses related to secularism. The Supreme Court gave the verdict in the case of Bangladesh Italian Marble Works Ltd. v. Government of Bangladesh . While implementing

5335-451: 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. States that nationalism , socialism , democracy and secularism are the fundamental principles of state policy. Pledges to ensure

5432-402: The bill and it will become law. Outlines the legislative procedure for Money Bills . 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

5529-695: The constitution states nationalism , socialism , democracy and secularism as its four fundamental principles. While the Constitution nominally declares the protection of fundamental rights and an independent judiciary, it has been often labelled as " fascist " and criticized for fostering autocracy and failing to safeguard human rights. The Fundamental Principles of State Policy in Part II are often described as empty rhetoric due to their unjusticiability, while Fundamental Rights in Part III are constrained by extensive, imposable restrictions. Loopholes in

5626-725: The country's two stock markets. Bangladeshi contract law is based on the Contract Act 1872 and the Sale of Goods Act 1930 . According to the World Bank 's 2016 ease of doing business index , Bangladesh ranks 189th in enforcing contracts. Islamic law applies to Bangladeshi Muslims in family law and inheritance laws . Hindu personal law applies to Bangladeshi Hindus in family law. Bangladeshi Buddhists also follow Hindu personal law. The Christian Marriage Act, 1872 applies to Bangladeshi Christians . The Customs Act 1969

5723-486: The duty of all executive authorities in the Republic to assist the Election Commission in the discharge of its functions. Makes provision for the establishment of a Comptroller and Auditor General of Bangladesh . 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

5820-408: 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 between the judiciary and

5917-485: The establishment of an Bangladesh Election Commission , 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

SECTION 60

#1732772162658

6014-592: The exception of the appointment of the Prime Minister and the Chief Justice . Specifies that the President must have attained the age of 35 years, and must be qualified for election as a member of parliament. 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,

6111-425: 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

6208-418: 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. Declares that all laws inconsistent with the fundamental rights of the Constitution are to be void. Enshrines the principle of equality before

6305-510: 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 was adopted by a second constituent assembly elected in 1955. It declared two provinces- East Pakistan and West Pakistan ; and two federal languages- Urdu and Bengali . The first Pakistani Constitution

6402-547: 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

6499-704: The government in the prime minister-led Cabinet, which is accountable to Parliament. This structure seems democratic but, in practice, results in a concentration of authority in the hands of the prime minister due to the dominant position within the Cabinet and the control over MPs through party discipline and party-loyalty enforcing provision Article 70 . Part IV further solidifies the prime minister’s control by granting them authority over Cabinet affairs, overshadowing other ministers and centralizing executive decisions. The Constitution has undergone 17 amendments, reflecting its susceptibility to political pressures over its pledge to ensure justice, equality, and liberty. Considering

6596-464: The government pledged to remove the ban on trade unions in export processing zones . The constitution guarantees the right to private property . The Transfer of Property Act, 1882 is the basic property law . However, some government agencies like RAJUK restrict property transfers in urban areas through foreign direct investment . The Vested Property Act allows the government to confiscate property from entities or individuals deemed as enemies of

6693-583: The guise of poorly-defined 'restrictions' in rights provisions have enabled the continued enforcement of the repressive sections of British colonial laws such as the Penal Code of 1860 and the Code of Criminal Procedure of 1898, and facilitated the enactment of later repressive laws such as the Special Powers Act of 1974 , and the Cyber Security Act of 2023 . Part IV vests the executive power of

6790-527: The independence of the judiciary and the legislature from the executive . Many denounced the Constitution for facilitating authoritarian tendencies and labelled it as a " fascist constitution." Dr. Kamal Hossain , who is described as the "father of the Bangladeshi Constitution", has been an ardent supporter of reforming the document to reflect the values of the 21st century. Hossain has blamed amendments during military rule for eroding

6887-409: 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

6984-531: 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

7081-553: The martial law authorities. An executive presidency continued until 1982. Martial law was again imposed in the 1982 Bangladesh coup d'état . 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

7178-399: The member of parliament who appears to command the confidence of the Jatiya Sangsad . States that the office of Prime Minister will become vacant in the event they: tender their resignation to the President; cease to be a member of parliament or cease to retain the confidence of the majority of members of the Jatiya Sangsad . There are no term limits specified for the Prime Minister. Specifies

7275-477: 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

7372-711: The president of the Constituent Assembly of Pakistan, declared that religious minorities would enjoy full freedom of religion in the emergent new state. Section 8 of the Indian Independence Act 1947 provided that the Government of India Act, 1935 with certain amendments and adaptations would be the working Constitution of the Dominion of Pakistan during the transitional period. The Constituent Assembly of Pakistan included 79 members, of whom 44 were from East Bengal , 22 from West Punjab, 5 from Sind, 3 from

7469-482: The provision would have undermined judicial independence . 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,

7566-498: The recent July uprising in Bangladesh, a fresh debate has arisen over constitutional reform. Professor Ali Riaz , who leads the Interim Government's Constitutional Reform Commission , and Rifat Hasan, an influential intellectual among the youth, have both advocated for creating a new constitution. Riaz asserts that rewriting the constitution is vital to restoring democratic institutions, even if it necessitates forming

7663-477: 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 for Parliament. States that the President will appoint someone who is qualified to serve as a Justice of the Supreme Court as Attorney General . States that in exercise of their duties,

7760-406: 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

7857-412: The state. The Patent and Designs Act 1911 is the country's oldest copyright law . The Patent and Design Rules were introduced in 1933. The Copyright Act 2000, Copyright Rules 2006 and Trademarks Act 2009 are the other main laws. The general hierarchy includes both civil and criminal courts. At the top hierarchy is the Supreme Court of Bangladesh. Judicial review in Bangladesh is performed by

7954-666: 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 since parliament cannot hold conscience votes due to Article 70 ,

8051-571: The tenure of office of other Ministers. 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 . Declares that the President 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

8148-682: The term judicial review , but Article 102 allows writ petitions to be filed at the High Court Division for reviewing laws, the actions and policies of authorities and lower court proceedings. Articles 7(2), 26, 44(1) & 102 are considered to indirectly support the system of judicial review. Therefore, unlike the US Constitution, there is no countermajoritarian difficulty in the Constitution of Bangladesh. The Constitution of Bangladesh, since its adoption in 1972, has repeatedly come under criticism for its failure to build institutionalism in governance and politics, safeguard human rights, and ensure

8245-516: The term of citizenship as "Bangladeshi" instead of " Bengali ". 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

8342-433: The total amount authorised to spend in a fiscal year is not sufficient. Specifies the powers of Parliament in relation to the Consolidated Fund. States that in the event that the Jatiya Sangsad is dissolved, and immediate action is necessary, the President may make or promulgate Ordinances. Declares that there is to be a Supreme Court , consisting of an Appellate Division and a High Court Division . States that there

8439-428: The two universities, and commercial interests. The remaining 26 seats were filled by government nomination. As the upper chamber under the Government of India Act 1935, the council had the following composition. The legislative council was initially given a three-year tenure. It became a permanent body under the Government of India Act 1935, which required one third of its members to retire. The Lieutenant Governor

8536-588: The unlimited powers granted to the prime minister and the people's limited civil rights, Badruddin Umar has famously termed it "A Constitution for Perpetual Emergency ." The interim government of Bangladesh , led by Muhammad Yunus , has established the Constitutional Reform Commission in 2024 with the aim of reforming or drafting and adopting a new inclusive democratic constitution through an elected constituent assembly. The commission

8633-441: 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

8730-548: The war, the Constitution Drafting Committee was formed in 1972. The committee included 34 members with Dr. Kamal Hossain 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 made an impassioned appeal to declare

8827-461: 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

8924-535: Was established under the Indian Councils Act 1861 . It was dominated by Europeans and Anglo-Indians, with natives as a minority, until reforms in 1909. Under the Indian Councils Act 1892 and Indian Councils Act 1909 , representatives of municipalities, district boards, city corporations, universities, ports, plantations, zamindars, Muslim electorates and chambers of commerce were inducted. Native Bengali representation gradually increased. Its voting power

9021-413: Was established. It declared nationalism, socialism, democracy and secularism as the fundamental principles of the republic. It proclaimed fundamental human rights, including freedom of speech , freedom of religion , freedom of movement , freedom of assembly , the right to education and public healthcare among others. A two thirds vote of parliament was required to amend the Constitution. After winning

9118-838: Was formed in the aftermath of a constitutional crisis that arose following the ouster of Sheikh Hasina on 5 August 2024, during a massive mass uprising . 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 was the first basic law in the Bengal Presidency . The British Empire 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 , Indian Councils Act 1861 , Indian Councils Act 1892 and Indian Councils Act 1909 were later important laws of government. The legislatures of British India included

9215-459: 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 . The Chief Martial Law Administrator issued a series of Proclamation Orders between 1975 and 1979 which amended

9312-479: Was in place for only a few years. General Ayub Khan staged a military coup and introduced the Constitution of Pakistan of 1962 . 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

9409-532: Was limited, particularly on budgets. It was delegated "transferred subjects" of education, public health, local government, agriculture and public works; while the "reserved subjects" of finance, police, land revenue, law, justice and labour remained with the Executive Council headed by the Governor of Bengal . Between 1905 and 1912, the council's geographical coverage was divided and partly delegated to

#657342