12th Amendment Of Bangladesh

12 Amendment made 18th September 1991; this amendment introduced
some fundamental changes in constitution

A Position of the President
The President is now titular head of the state while the Prime Minister id the Chief executive by the provisions of Art 48 & 55 of the amended Constitution. The posts of the Vice-President have been abolished.

In the original Construction the President was to be elected by members of the parliament in poll by secret ballot as provide by second schedule of the constitution. But 12 amendments did not restore that second schedule.

Under the provisions introduced by the 4th amendment the President could remain in office for unlimited numbers terms. These undemocratic provisions have been abolished and after 12 amendment, president shall hold office for more than two terms, weather o tot teams are consecutive Art 50(2).

Under original constitution President can exercise only one function independently, after 12 amendment President can exercise two (2) functions indecently. Appoint Prime Minister and appoint the Chief Justice.

Compared to the original Constitution the 12 amendment has imposed double check on the President’s power to summon, prorogue & dissolve parliament by inserting a new proviso to Art 72. Declaration of emergency Art 141A has been amended to the effect that before declaration of emergency counter signature is need for its validity. The impeachment and removal of the President the provision of the original constitution have been revived.

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B. The Prime Minister & the Cabinet
It has been categorically provide in Art 55 that the executive power of the Republic shall be exercised by or on the authority of the Prime Minister and cabinet shall be collectively responsible to the Parliament.

The President shall appoint the Prime Minister, who the most trustworthy or supported person form the members, other Minister shall be appointed by him Art 56.

Introduced by the 12 amendment as regards the Cabinet In the original constitution under Art 56 ministers could be appointed form outside the parliament but such minister would have to be elected as a Member of Parliament within six (6) month. But after 12 amendment one-tenths of the total number of minister can be appointed form outside form parliament and need not be elected as members but they must be qualified for election as members of parliament. In question of tenure of the office of Prime Minster the original provision was that if the Prime Minister ceases to retain the support of a majority of the members of parliament, he shall either resign his office or advise the President to dissolve the parliament. But after 12 amendment if the President satisfied that no other member have support only then President can dissolve the Parliament

C. The Issue of Floor Crossing & Ministerial Responsibility
12 amendment has introduced more tough procedures. Two sub-section
have been added to Art 70. Section 70(2) prevents forming any rebel group within the party. Section 70(3) provides that if any independent members join any political party he will come under the preview of anti-defection provisions.

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The provision as to the intervening period between two sessions of

parliament as provided for in Art 72 were reverted to that of the original Constitution.

E.

Chapter 3 dealing with the provisions of local government of Part 4 of

the Constitution which was omitted by the 4th amendment has been revived by the 12 amendment.