Constitution of Bangladesh

Constitution of Bangladesh
Bangladesh Government/বাংলাদেশ সরকার · EdictGov-Bangladesh · source
Name	Constitution of Bangladesh
Caption	National flag of Bangladesh
Date ratified	4 November 1972
System	Parliamentary republic
Branches	Legislature, Executive, Judiciary

Constitution of Bangladesh The Constitution of Bangladesh is the supreme law enacted by the Constituent Assembly of Bangladesh and promulgated by Sheikh Mujibur Rahman following independence after the Bangladesh Liberation War; it establishes the framework for the Parliament of Bangladesh, executive offices, and judiciary while reflecting principles from the Universal Declaration of Human Rights and influences from the Indian Constitution and the Westminster system. The document has guided state institutions such as the Jatiya Sangsad and the Supreme Court of Bangladesh through crises including the 1975 Bangladesh coup d'état and periods of martial law under leaders like Ziaur Rahman and Hussain Muhammad Ershad.

Background and Historical Development

The drafting process began amid the aftermath of the Bangladesh Liberation War and the 1971 Mujibnagar Government formation, with debates drawing on models from the Government of India Act 1935, the Constitution of Pakistan (1956) experience, and constitutional thought from figures such as Jawaharlal Nehru, B. R. Ambedkar, and legal scholars from the Dhaka University faculty; the Constituent Assembly adopted the text on 4 November 1972 after episodes like the Agartala Conspiracy Case and the 1971 genocide in Bangladesh shaped political urgency. Early constitutional politics involved parties including the Awami League, the Bangladesh Nationalist Party, and the Jatiya Party (Ershad), with subsequent events—such as the 1975 coup d'état and the imposition of martial law—prompting provisional orders and amendments during the regimes of Khondaker Mostaq Ahmad and Ziaur Rahman.

Structure and Key Provisions

The Constitution establishes a unitary state with a unicameral legislature called the Jatiya Sangsad, an executive headed by the President of Bangladesh and a Prime Minister drawn from the majority party or coalition, and an independent judiciary led by the Chief Justice of Bangladesh of the Supreme Court of Bangladesh. It sets out the state principles, including nationalism rooted in the Bengali Language Movement, socialism interpreted in the context of the Six-Point Movement, secularism originally asserted by the Four State Principles, and democracy inspired by the Non-Aligned Movement and parliamentary precedents in the United Kingdom. Provisions enumerate electoral procedures under the Representation of the People Order 1972, caretaker arrangements influenced by political consensus after the 1996 Bangladeshi general election, and emergency powers comparable to clauses in the Constitution of Pakistan (1973).

Fundamental Rights and Duties

The constitution enshrines fundamental rights protective of civil liberties such as equality before the law, freedom of speech, assembly, and conscience, with protections framed against historical abuses like the Farakka Barrage dispute protests and the 1971 Bangladesh atrocities; these rights interface with obligations including duties to uphold the sovereignty and integrity symbolized by the National Martyrs' Memorial and to respect cultural heritage represented by the Bengal Renaissance. Courts have balanced rights claims arising from petitions involving entities such as the Election Commission of Bangladesh, the Bangladesh Police, and statutory bodies created under the Local Government (Municipal) Act and the Bangladesh Bank framework. Specific articles address non-discrimination across attributes linked to events like the Language Movement of 1952 and institutions including the University of Dhaka.

Amendment History and Major Changes

Amendments have reshaped the document through numbered changes, notably the 5th Amendment ratifying actions during martial law regimes, the 7th Amendment addressing presidential powers, and the 15th Amendment reinstating secularism and parliamentary supremacy after the 1991 Bangladeshi general election and political contests between the Awami League and the Bangladesh Nationalist Party. The judiciary responded to controversies over amendments in landmark rulings by the Supreme Court of Bangladesh involving judges appointed during the Ershad regime and legal challenges referencing doctrines from the Indian Supreme Court and cases like Kesavananda Bharati v. State of Kerala in doctrinal reasoning. Amendments have also interacted with international instruments such as the International Covenant on Civil and Political Rights and regional agreements like the SAARC Charter.

Constitutional Institutions and Governance

Key institutions created or empowered by the constitution include the Jatiya Sangsad, the Office of the President of Bangladesh, the Prime Minister of Bangladesh, the Cabinet of Bangladesh, the Election Commission of Bangladesh, the Comptroller and Auditor General of Bangladesh, and independent commissions formed after reforms influenced by the Paris Principles. Administrative units operating under constitutional authority include the Dhaka Division, Chattogram Division, and local government entities such as City Corporation (Bangladesh) bodies; statutory oversight interacts with agencies like the Anti-Corruption Commission (Bangladesh) and regulatory authorities modeled after institutions like the Federal Reserve and the Reserve Bank of India in function.

Judicial Review and Interpretation

The Supreme Court of Bangladesh, comprising the Appellate Division and the High Court Division, holds power of judicial review to interpret constitutional provisions, adjudicate public interest litigation that arose from crises like the Caretaker government system controversy, and assess validity of ordinances and legislation referenced to precedents from the House of Lords and comparative rulings by the Supreme Court of India. Landmark decisions have declared certain amendments void and clarified doctrines such as basic structure protection, relying on jurisprudence connected to figures like Fazle Kaderi Mohammad Abdul Mannan and legal institutions including the Bangladesh Bar Council.

Category:Law of Bangladesh