DSW 1207 - Content 5.The Constitution of Bangladesh

 

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5.The Constitution of Bangladesh

A constitution is primarily a net of rules and principles specifying how a country should be governed, how people should be distributed and controlled. It is called the mirror of a country. The method of forming the government, the power of the government, the relationship of the government with the people are determined by the constitution.

According to Aristotle, “Constitution is the way in which, citizens who are the component parts of the state, are arranged in relation to one another.”

According to Herman Finer, “Constitution is a system of fundamental political institutions.”

Every community entitled to the name of state must have a constitution. A state without constitution is unthinkable. History tells that since the origin of the state their had been some kind of rules and regulations in some from to maintain the order and harmony in the state.

Characteristics or Features of the Constitution of Bangladesh-

The constitution of Bangladesh in the highest ruling of Bangladesh. It represent Bangladesh as a democratic republic nation where all the the power is in the hand of the people of Bangladesh. It was first approved by the Assembly of Bangladesh on November 4, 1972 and exereined from December 16, 1972. Till now it amended 17 times. It has some fundamentals and basic features or characteristics. These features are given below-

1.Written Constitution: The constitution of the People Republic of Bangladesh is a written document. It was formally adopted by the constitution Assembly on 4^th November 1972. It contains 153 articles, I preamble and 4 schedules.

2. Rigid Constitution: The constitution of Bangladesh is a rigid one. It can not amend by the ordinary lawmaking procedure. It is very difficult to modify or change. Only the vote of two third majority of the parliament can amend this constitution.

3.Preamble: The constitution of starts with a preamble. It is called as the guiding stator moral basis of the constitution. Preamble lays down the most important national goals such as Democracy, Socialism, Nationalism and Secularism.

4. Supremacy of the constitution: Constitutional supremacy has been ensured in the constitution of Bangladesh. Article 7 provided that “This constitution in the Supreme law of the republic.” And it is the fundamental law of the country.

5.Unitary Government System: Article 1 of the constitution provide that, “Bangladesh is a unitary peoples republic as opposed to federal republic and all power under the constitution.” In unitary government system constitution is central power of the state.

6.Fundamental principle: A fundamental constitutional principle is the separation of powers with it playing a role in ensuring that one body is not concentrated with the personnel, functions and powers within its state.

7.Fundamental Right: Fundamental rights are the absolute rights of the citizen of a country. Part iii and Article 27 to 44 of the constitution provide 18 fundamental rights.

8.Parliamentary Form of government: The constitution of Bangladesh provides a west minister types of parliamentary system. In other word cabinet form of government.

9.Independent of Judiciary: The constitution of Bangladesh (Article 22) ensured the independent judiciary.

10.Ombudsman: Although the term “Ombudsman” is a relatively unfamiliar term in Bangladesh in general, it is widely used and is a practiced technique of ensuring administrative accountability and transparency in western developed countries.

 

Social Work related articles of the Constitution-

Article 8: Fundamental principles: -This article provides four principals of governing the state. Those four principles are-

1.    Nationalism

2.    Socialism.

3.    Democracy

4.    Secularism.

Article 10: Socialism and freedom from exploitation: This article speaks of the establishment of a socialist economic system with a view to building a society free from exploitation. Articl

Article 11: Democracy and human rights: This article defines democracy as the governance System of the Republic and ensures the fundamental rights and freedoms of the people.

Arcticle13: Principles of ownership: This article defines the production and ownership of the resources of the state and people.

Article 14: Emanepation of peasards and workers: In this article it has been considered as one of the responsibilities of the estate to free the peasants and workers from exploitation.

Article 15: Provision of basic necessities: This article ensures the basic needs of the people of the state. The state will be responsible for the baric needs of the people.

Article-16: Rural development and agriculture Revolution: The state will take effective measures to the improve quality of rural life and develop agriculture.

Article 17: Free and compulsory education: Under this article the government will take proper steps to establish an universal free education system for the students.

Article 18: Public health and morality: Under this article the state will provide healthcare service to its citizen. And the state will take proper steps to improve the public health service.

Article 19: Equality of opportunity: Under this article the state will ensure equal opportunities for all the citizen

Article 20: Work is a right a duty: Work is a right of duty and a matter of honor for every citizen who is capable of working. This article ensure job opportunity and payment for every citizen.

Article 21: Duties of citizen and public servants: This article defines the duties of the citizens such as, maintain laws and discipline, perform public duties, protect public property etc.

Article 26: Laws inconsistence with fundamental rights to be void: This article rule out all laws, that are inconsistence with fundamental rights.

Article 27: Equality before law: This article ensures the equality of all citizen before law and provide equal protection of law to all the citizen.

Article 28: Discrimination on ground on religion etc: This article ensures that, the state will not determinate against any citizen on ground only of religion, race, caste, sex etc. Article 29: Equality of opportunity in public employment: This article ensures equal opportunity for all the citizen in public employment sector.

Article 31: Right to protection of law: This article ensure the right to protection of the law to all the citizen of Bangladesh. Article 32: Protection of right to life and personal liberty: This article of the constitution ensures the right to life and every citizen of the country.

Article 32: Protection of right to life and personal liberty: This article of the constitution Ensures the right to life and liberty of every citizen of the country.

Article 33: Safeguards as to arrest and detention: This law guarantees the right of the arrested accused of the state.

Article 34: Prohibition of forced labor: This article prohibited all forms of forced labour and ensured labor rights.

Article 36: Freedom of movement: This article provides the rights to move freely throughout the country to every citizen. Anyone can reside or settle and place of the country.

Article 37: Freedom of Amiably: This article provides the rights to participate any public meetings or procession peacefully.

Article 38: Freedom of Association: This article ensures the rights to form association or union to every citizen. Article 39: Freedom of thought, consciences and speech: This article of the constitution guaranteed the freedom of thought, consciences, speech to its citizen.

Article 39: Freedom of thought, Conscience and speech: This article of the constitution guaranteed the freedom of thought, consciences, speech to its citizen.

Article 42: Right to property: This Article provide rights of acquiring, holding, transferring the property to all the citizen.

Article 43: Protection of home and correspondence: This article ensures the safety of the individuals and the privacy of communication in their own home.

Article 44: Enforcement of fundamental rights: Under this article the right to see has been given to protect the fundamental rights of the individual.

 

Various Amendment of the constitution of Bangladesh:

The constitution of the people republic of Bangbaesh has been amended 17 times. Amending the construction of Bangladesh is the process of making change to the nations fundamental law or supreme law. Here is the brief of all 17 amendments of our constitution-

First Amendment: The first amendment of the constitution of Bangladesh was made to the Arcticle 47. It was passed on 15 July 1973. This clause allowed punishment and prosecution of “War Criminals” under international law. A new article 47(A) was also added which determine that certain fundamental right will be in applicable those cases.

Second Amendment: Second amendment of the Constitution was passed on 22 sptember 1973.It suspended some of the fundamental reight of the citizen during a state emergency. The act made following changes to the constitution-

i.                 Amended article 26.63.72,142

ii.               Substitute Article 33

iii.             Incerted a new part ixA to the constitution

Third amendment: Third Amendment was passed on 28 November 1974 that brought changes in Article 2 of the constitution. An agreement was made between Bangladesh and India in respect of exchange of certain enclaves and fixation of boundary lines between the countries

Fifth Amendment: The Fifth amendment act was passed by the Jatiya Sangsad on 6 April 1979. This Aet amended the Fourth Schedule to the constitution by adding a new paragraph 18 thereto, which provided that all amendments, additions, modifications, substitutions and omissions made in the constitution during the period between 15 August 1975 and 9 April 1979 (both days inclusive) by any Proclamation or Proclamation Order of the Martial Law Authorities had been validly made and would not be called in question in or before any court or tribunal or authority on any ground whatsoever.

Sixth Amendment: This Amendment Act was passed 10 July 1981. The Sixth Amendment Act was enacted by the Jatiya Sangsad with a view to amending Articles 51 and 66 of the 1981 constitution.

Seventh Amendment: The Seventh Amendment Act was passed on 11 November 1986, the amendment protected Hussain Muhammad Earshad and his regime from prosecution for actions taken under the years of military rule.

Eighth Amendment: This Amendment Act was passed 9 June 1988. The Constitution (Eighth Amendment) Act, 1988 declared, among others, that Islam shalelec religion (Article 2A) and also decentralised the judiciary by setting up six permanent benches of the High Court Division outside Dhaka (Article 100). Anwar Hussain. Vs. Bangladesh widely known as 8^th Amendment case is a famous judgment in the constitutional record of independence Bangladesh.

Ninth Amendment: This Amendment Act was passed on 11 July 1989.

Twelfth Amendment: The Twelfth Amendment Act was passed on 18 September 1991. Following as Constitutional referendum through Article 59 of the Constitution, this Act ensured the participation of the people’s representatives in local government bodies.

Thirteenth Amendment: The Constitution (Thirteenth Amendment) Act, 1996 (28 March) introduced a non-party Caretaker Government (CtG) system which, acting as an interim government, would give all possible aid and assistance to the Election Commission for holding the general election. It was declared illegal on 10 May 2011 by the Appellate Division of Supreme Court. Though High Court declared it legal previously on 4 August 2004.

Fourteenth Amendment: The Fourteenth Amendment was passed on 17 May 2004. The main provision for this amendment is concerned about women in parliament.

Fifteenth amendment: The Fifteenth Amendment was passed on 30 June 2011 made some significant changes to the constitution. The amendment made following changes to the constitution.

Sixteenth amendment: The 16^th amendment of the constitution was passed by the parliament on 22^nd September 2014, which gave power to the Jatiya Sangsad to remove judges if allegations of incapability or misconduct against them are proved. On 5 May 2016. The Supreme Court of Bangladesh declared the 16^th Amendment illegal and contradictory to the Constitution.

Seventeenth Amendment: The 17^th amendment of the constitution was passed unanimously by he Jatiya Sangsad on 8^th July 2018. The amendment extended the tenure of the 50 reserved sits for women for another 25 years.