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| Fourth Amendment of the Constitution of Bangladesh | |
|---|---|
| Name | Fourth Amendment to the Constitution of Bangladesh |
| Enacted by | Jatiya Sangsad |
| Date enacted | 15 April 1975 |
| Assent by | Sheikh Mujibur Rahman |
| Status | Repealed (post-1975) |
Fourth Amendment of the Constitution of Bangladesh The Fourth Amendment to the Constitution of Bangladesh dramatically altered the country's constitutional architecture in April 1975 by transforming the parliamentary framework into a one-party presidential system and expanding executive authority. It was adopted amid political turbulence following the 1971 Bangladesh Liberation War and against the backdrop of economic distress, civil unrest, and international dynamics involving India, Pakistan, and Cold War actors such as the Soviet Union and the United States. The amendment precipitated major shifts in institutions like the Jatiya Sangsad, the Bangladesh Army, and the Supreme Court of Bangladesh.
The amendment emerged after the political consolidation of Awami League leadership under Sheikh Mujibur Rahman following the 1973 general elections and in the wake of crises including the 1974 famine and urban unrest in Dhaka. Facing criticism from opposition parties such as the Bangladesh Nationalist Party antecedents and movements like the Jatiya Samajtantrik Dal, the government cited the need for stability and national unity. The constitutional change was enacted by the Jatiya Sangsad and signed by Sheikh Mujibur Rahman in April 1975, coinciding with policy shifts similar in time to global events like the Yom Kippur War and regional developments involving Bhutan and Burma (now Myanmar).
The Fourth Amendment replaced the parliamentary model rooted in the 1972 Constitution with a presidential system, concentrated power in the office of the President, and introduced the one-party framework of BAKSAL (Bangladesh Krishak Sramik Awami League). It curtailed the role of the Jatiya Sangsad and altered provisions affecting the Supreme Court of Bangladesh, judicial review, and emergency powers that intersected with statutes such as the Special Powers Act, 1974. The amendment also affected civil service structures including the Bangladesh Civil Service and security organs like the Bangladesh Police and Bangladesh Rifles (now Border Guard Bangladesh), while reshaping state ideology references linked to the original precepts of the 1972 Constitution.
Legislatively, the amendment passed through a parliament dominated by the Awami League with limited representation from opposition groups such as the Jatiya Samajtantrik Dal and factions evolving into the Bangladesh Nationalist Party. Political rationale drew on precedents from other post-colonial transitions; contemporaneous regional parallels included constitutional experiments in Sri Lanka and Nepal. International reactions involved diplomatic actors including the United Kingdom and Soviet Union embassies in Dhaka, and policy analysts from institutions like the World Bank and United Nations commented on implications for aid and governance. The amendment was implemented amid concerns within the Bangladesh Army and among civil servants about centralization and patronage networks.
After enactment, the amendment faced legal scrutiny in the Supreme Court of Bangladesh in cases addressing separation of powers and the scope of presidential immunity. Judicial responses were constrained by provisions curbing review and by political pressure, echoing legal controversies similar to earlier judgments in Pakistan such as the Doctrine of Necessity precedents. Lawyers from the Bangladesh Bar Council and jurists with links to institutions like Dhaka University contested the amendment's compatibility with fundamental rights enshrined in the 1972 text. Litigation raised questions about retrospective effect and the constitutionality of BAKSAL-related measures, but the 1975 political upheaval curtailed sustained judicial processes.
The shift to a presidential one-party system affected legislative oversight in the Jatiya Sangsad, administrative appointments in the Bangladesh Civil Service, and operational autonomy of security forces including the Bangladesh Army and Bangladesh Police. Civil liberties—freedom of press as practiced by outlets such as the Daily Ittefaq and The Bangladesh Observer, political association, and dissent—were constrained under BAKSAL-era regulations. The amendment’s concentration of power contributed to a volatile environment that culminated in the August 1975 coup d'état involving factions of the Bangladesh Army and leading political assassinations that reshaped the subsequent role of parties like the Awami League and emergent leaderships associated with figures such as Ziaur Rahman.
Following the 1975 coup and the overthrow of Sheikh Mujibur Rahman, successive regimes and constitutional changes—under leaders including Khandaker Moshtaque Ahmed, Ziaur Rahman, and Hussain Muhammad Ershad—addressed, reversed, or supplanted Fourth Amendment provisions. Restoration efforts returned the constitutional framework closer to the 1972 model over time, with later amendments in the 1980s and 1990s by the Jatiya Sangsad and constitutional committees repealing or diluting the one-party and expanded-presidential clauses. Political parties such as the Awami League and Bangladesh Nationalist Party later debated legacy implications in parliamentary debates and national commissions examining the constitutional record.
Category:Constitution of Bangladesh Category:1975 in Bangladesh