TABIL OF CONTENTS

Chapte Headline Page

r No.

1 Introduction 3-4

2 Introduction of the constitution of Bangladesh 5-9

3 Amendment of the Constitution of Bangladesh,1972 & Amending 10-11

process of the Constitution:
4 Summary of 17 Amendments 12

5 Analysis of 17 Amendments 13-18

Criticism 19

Conclusion 19

Bibliography 20

Chapter 1
1.1 INTRODUCTION
The word 'amend' is derived from the French word signifying 'to make better', 'to change for
the better. To modify for the better, improve, to alter formally by modification, deletion or
addition. Substitution and omissions. According to dictionary meaning to 'Amend' interiliac,
means to "free from faults or errors, correct or improve, rectify, reform, make alteration in
detail, to repair, to better and surpass. However, in the context reliance on the dictionary
meaning of the word is not always appropriate because what Art. 142 empowers to do is
the amendment of the provisions of the constitution. It is well known that the amendment
of a ‘Law’ may in proper case include the deletion, substitution in their place of new
provisions. Similarly, an amendment of any one or more of the provisions of the law and the
constitution, which is the subject matter of the power conferred by Art. 142 may include
addition, alteration, substitution, modification or change of the provisions or repeal by Act
of Parliament. The power to amend in the context is a very wide power and it cannot be
controlled by the literal dictionary meaning of the word 'amend. The word 'amendment'
may have a variety of meanings. We have to ascribe to it in an Article of the Constitution a
meaning which is appropriate to the function to be played by it in an instrument apparently
intended} to endure for ages to come and to meet the various crisis to which the body
politic will be subject.
Amendment means:
1. An alteration or change for the better; correction of a fault or of faults; reformation of life
by quitting vices.
2. In public bodies; any alternation made or proposed to be made in a bill or motion by
adding, changing, substituting, or omitting.
3. (Law) Correction of an error in a writ or process.
Justice B.H. Chowdhury said that -The term 'amendment' implies such an addition or change
within the lines of the original instrument as will effect an improvement or better carry out
the purpose for which it was framed.

The amendment of the constitution confirms the view that Bangladesh has a flexible constitution
with stability. Political Philosophers, Scientists and experts in constitutional Law emphasize the
importance of amending the Constitution as and when necessary. In a developing society like
Bangladesh there are rapid changes in its economic, social and political activities, the constitution
must recognize the need of its being altered to suit the changing conditions. The constitution makers
cannot bind all subsequent generations by their own views and, therefore must make a provision, if
the society or the country so likes, to introduce the needed changes in the constitution "H.E. Wills
writes in his book "Constitutional Law of United States" that "the doctrine of amend ability of the
Constitution is grounded in the doctrine of the sovereignty of the people." He says, "If no provision
for amendment were provided, there would be a constant danger of revolution. If the method of
amendment were too easy, there would be the danger of too hasty action all the time. In either case
there would be a danger of the over throw of our political institutions. Hence, the purpose for
providing for the amendment of the constitution is to make it possible gradually to change the
constitution in an orderly fashion as the changes in social conditions make it necessary to change the
fundamental law to correspond with such social change.

Main Objectives of Amendment:

a) To establish more transparency, accountability, predictability and participation in the
governance system.
b) Enhancing and expanding protection of human rights.
c) Strengthening good governance through constitutional amendment.

It needs to be mentioned here that the objective of modern constitutional amendment is

basically to establish more transparency, accountability, predictability and participation in the
governance system. To be more specific, one major objective of a progressive amendment is
enhancing and expanding protection of human rights. Examples of such amendment range
from the first 10 amendments of the US constitution to the modern practice of incorporation
of Gay rights in a few constitutions of the West and inclusion of Right to Information in a
larger number of constitutions like Belgium, Mexico, Norway, Panama, Philippines and
Thailand. Another objective which might have greater positive impact in citizen's life is
strengthening good governance through constitutional amendment. For example, 18th
amendment of Pakistan Constitution has ensured much more objective appointment in the
higher judiciary and in other constitutional positions. and later amendment (108-112) of the
Indian constitution has strengthened the local government structures and protection and
participation of disadvantaged people.1

Chapter 2

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2.1 INTRODUCTION OF THE COMSTITUTION
A constitution is a set of fundamental principles or established precedents according to which a state
or other organization is governed.The Constitution of Bangladesh is the supreme law of Bangladesh.
It proclaims Bangladesh as a secular democratic republic, declares the fundamental rights and
freedoms of Bangladeshi citizens, spells out the fundamental principles of state policy, and
establishes the structure and functions of the executive, legislative and judicial branches of the
republic. Passed by the Constituent Assembly of Bangladesh on November 4, 1972, it came into
effect from December 16, 1972, on the first anniversary of Bangladesh's victory over Pakistan in
the War.

The constitution proclaims Bangladeshi nationalism, socialism, democracy and secularism as the

national ideals of the republic. When adopted in 1972, it was one of the most liberal constitutions
of the time. Article 21 of the constitution says that “it is the duty of every citizen to
observe the constitution and the laws, to maintain discipline, to perform public duties and
to protect public property.” The Constitution of the People’s Republic of Bangladesh is a
written one, and has a formal document. With 153 articles, 7 schedules, 10 parts and 1
preamble. The constitution of Bangladesh is a rigid one. It cannot amend by the ordinary law
making procedure, and it very difficult to modify or change. Only vote of two third majority
of parliament member can amend this constitution.2
Many jurists define a constitution as,
Aristotle defines a Constitution as "the way of life the state has chosen for itself".
According to C.F. Strong-"A Constitution may be said to be a collection of principles
according to which the powers of the government, the rights of the governed and the
relation between the two are adjusted."
According to Lord Bryce-"Constitution is the aggregate of laws and customs under which the
life of the state goes on". This definition by Bryce is a narrower one. Because being
influenced by the constitutional system of Britain Bryce has defined Constitution as an
aggregate of customs. But it is the fact that except Britain and New Zealand nowhere in the
world a Constitution can be found which can be said to be an aggregate of customs. 3
Organ of the state
Asper the constitution of the republic it comprises three basic organs:
i. Legislative Branch
ii. Executive Branch
iii. Judicial Branch

2.2 History of Bangladesh Constitution

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3
MD. Abdul Halim, "Constitutional Law and Politics", Books
The Constitution of the People's Republic of Bangladesh is the constitutional document
of Bangladesh. It was adopted on 16 December 1972. It provides the framework of the
Bangladeshi republic with a parliamentary government, fundamental human rights and
freedoms, an independent judiciary, democratic local government and a national
bureaucracy. The constitution includes references to socialism, Islam, secular democracy
and the Bengali language. It commits Bangladesh to "contribute to international peace
and co-operation in keeping with the progressive aspirations of mankind". The
constitution has several controversial elements like Article 70. Judicial precedent is enshrined in
Bangladesh's constitution under Article111, which makes Bangladesh an integral part of the common
law world. Judicial review is also supported by the constitution.

The Provisional Government of Bangladesh issued 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 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 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
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. 4

2.3 Features of the constitution of 1972

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Origin and character:

The Constitution of Bangladesh is hot the outcome of a negotiated settlement with a former colonial
power, nor drawn. up with the concurrence or approval of any external sovereign power. It is the
fruit of a historic war of independence making it a class apart from other constitutions of
comparable description

Sovereign Republic:

The Constitution established Bangladesh as a sovereign unitary Republic. It created one

government composed of representatives chosen by the people in contrast to the rule of
one man, as in kingship, or one class of men, as in aristocracy. The term ‘sovereign’
indicates that Bangladesh is subject to no external authority and the term ‘Republic’
denotes that the Head of the State is not a monarch, but an elected functionary. The
Constitution declares that the sovereignty lies with the people and the Constitution is the
embodiment and solemn expression of the will of the people.
Preamble and Fundamental Principles of state Policy:
The constitution of Bangladesh starts with a preamble. This is called as the guiding star or moral
basis of the constitution. Declaring the people to be the source of power and the Constitution, the
preamble referred to the national liberation struggle and pledged that the high ideals of
nationalism, socialism, democracy and secularism shall be the fundamental principles of the
Constitution.
Territory:
The Constitution defined the territory of the; Republic be the territories which
immediately before the proclamation of independence constituted the territory of East
Pakistan and such other territories as may become included in the Republic. When
Bangladesh entered into an agreement with India giving up its claim to Berubari and
retaining Dahagram, the Appellate Division held that the agreement involved cession of
territory which could not be done except by constitutional amendment.
Supremacy of the Constitution:

Constitutional supremacy has been ensured in the constitution of Bangladesh. Article 7

provided that “this constitution is the supreme law of the republic”. And it is the
fundamental law of the country, in any other law is inconsistent with this constitution that
other law shall be void.

Fundamental rights:
Fundamental rights are absolute rights a citizen of a country. Part III and Article 27 to 44 of
the constitution provide 18 fundamental rights such as equality before law, equality of
opportunity in public employment, right to protection of law, protection of right to life and
personal liberty, freedom of movement, freedom of thought etc. Fundamental rights
protected by the constitutional guarantee. If executive violate these rights the defendant
can go Supreme Court for remedy according to under Article 44 of this constitution.
Separation of powers:
The Constitution provided for separation of powers between the three organs of the State
executive, legislature and judiciary. What the Constitution did can be said to be an
assignment or distribution of different powers of the Republic to the three organs and it
provided for separation of powers in the sense that no one organ could transgress the
limits set by the Constitution.

Parliamentary form of government:

The Constitution introduced a parliamentary form of government with the President of the
Republic as the constitutional head elected by the members of Parliament. The members
of Parliament were to be directly elected by the-people on the basis of adult franchise. The
President would appoint a member of Parliament who commanded the support of the
frivolity of the members of Parliament as the Prime Minister and would appoint ministers
on the recommendation of the Prime Minister.

Local government:
The Constitution stipulated that the State encourage local government institutions
composed of the representatives of the area concerned and that the Republic shall be a
democracy in which effective participation by the people through their elected
representatives in administration at all levels shall be ensured.

Election:
To ensure free and fair election which is an indispensable pre-requisite for the success of
democracy, the Constitution- provide for an independent Election Commission upon which the
duty of holding election of the President and the members of Parliament was cast.

Judicial review:
The guardianship of the Constitution was given the Supreme Court. The Supreme Court.
The Supreme Court was given the power of judicial review. Save in some specified
situation, the Supreme Court, in exercise of that power, could not only review the State
actions to ensure that it did not contravene any provision of the constitution or the laws of
the land, but also could strike down any law for inconsistency with any provision of the
Constitution including the provisions guaranteeing fundamental rights

Independence of judiciary:  
For guardianship of the Constitution and for the establishment of rule of Saw
independence of judiciary is necessary. Provisions were made to ensure the independence
of the Judges of the Supreme Court, subordinate judicial officers and the magistrates
exercising judicial functions.

Civil Service:
The civil service maintains the continuity of the government and the success of the
government to a great extent depends on the efficiency of the civil service. So to ensure
recruitment of efficient persons in the services of the Republic, the Constitution provided
for public service commissions. To obtain the best service it is necessary to have secure
and satisfied civil servants and the Constitution guaranteed equality of treatment and
security of tenure to them.

Amendment of the Constitution:

Parliament was given the power to amend the constitution. Art.142 provided for a special
procedure for such amendment and prescribed that no Bill for amendment should be
presented to the President unless it was passed by the votes of not less than two-thirds of
the total number of members of Parliament.5

Chapter 3

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3.1 Amendment of the Constitution of Bangladesh,1972:

In accordance with the article 142(1) Notwithstanding anything contained in this

constitution: a) Any provision thereof may be amended by way of addition, alteration,
substitution or repeal by Act of parliament. So, to adopt with the changing situation or to
make contemporary the provision of amendment is inserted. Because, the law maker of
the constitution does not know or assume what will happen in future. So, to improve
existing law/arrangement this provision is inserted.

3.2 Amending process of the Constitution:

The Parliament is given the legislative power in Article 65 while the procedure of amending
the constitution is prescribed in Article 142 of the Constitution of the People’s Republic of
Bangladesh. An amendment to the constitution may be made through a Bill passed in the
parliament by the votes of not less than two thirds of the total members of the Parliament.
There is however, clause (1A) inserted in Article 142 by the Second Proclamation Order No
IV of 1978. This clause provided for referendum in excess of two-thirds majority in cases
where the amending Bill intended to amend the preamble, any of the Articles 8, 48, 56, 58,
80, 92A and 142. The President shall refer the Bill to referendum before his assent his given.
This again was amended by the Act No XXVIII of 1991, which omitted Articles 58, 80 and 92A
from the list.

Article 142 starts with a Non-Obstante clause'" A non-obstante clause is usually used, in a
provision to indicate that' that provision should prevail despite anything to the contrary in
the provision mentioned in such Non-Obstante Clause' (The Interpretation of Statutes -
Bind'ra, p949) In other words it indicates an idea that the power to amend' the constitution
Is not controlled by any other provision in the constitution.

Art. 142 gives power to Parliament to amend any provision of the Constitution by way of addition,
alteration, substitution or repeal. Addition, alteration, substitution or repeal are merely modes of
amendment and if the act done does not come within the meaning of 'amendment', it will not be
valid, notwithstanding that all the procedural requirements have been fulfilled. Amendment means
a change in some of the existing provisions of a statute 1 and a law is amended when it is in whole or
in part permitted to remain and something is added to, or taken from it, or it is in some way changed
or altered in order to make it more complete, or perfect, or effective. An amendment is not the
same thing as a repeal, although it may operate as a repeal to a certain degree.

Art. 142 of the Constitution confers power on Parliament to amend the Constitution. For such
amendment there are some procedural requirements. A Bill for amendment of the Constitution
must contain a long title expressly stating that it will amend a provision of the Constitution. It was
contended that the long title must specifically mention which provision is sought to be amended,
otherwise the amendment passed will be void. The majority decision of the Appellate Division is that
the specific provision need not be mentioned in the Bill and the requirement will be fulfilled if the
long title states that certain provision or provisions is or are sought to be amended. No such Bill shall
be presented to the President for his assent unless it is passed by the votes of not less than two-
thirds of the total number of members of Parliament. The President shall within seven days of the
presentation of the Bill after being passed in Parliament with the

requisite majority assent to the Bill and if he fails to assent within that time he shall be
deemed to have assented to the Bill. But if the Bill seeks to amend the Preamble or any of
the provisions of arts.8, 48, 56 or 142 the President shall within seven days of presentation
of the Bill for his assent cause it to be referred to a referendum and if the majority votes in
the referendum are in favor of the amendment the President shall be deemed to have
assented to the Bill, otherwise the President shall be deemed to have withheld his assent
from the Bill. The procedural requirements are mandatory and non-compliance of the
requirements will render the amendment void. 6

Chapter 4
Summary of 17 Amendments
There have been 17 amendments to the constitution of Bangladesh. Discussion will follow here a
summary of all the amendments.
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Amendments Date Summary of substance
st th
1 Amendment 15 July 1973 To make way for prosecution of genetic crime against
humanity and war crimes committed in the liberation war
of 1971.
nd nd
2 Amendment 22 September, Inclusion emergency provision suspension of fundamental
1973 rights and preventive detention.
rd th
3 Amendment 28 November To give effect to the boundary line treaty between
1974 Bangladesh and India.
th th
4 Amendment 25 January, One party dictatorial system was subsisted for a
1975 responsible parliamentary system.
th th
5 Amendment 6 April, 1979 Legalizing all acts done by the first Military Authority
6th Amendment 10th July, 1981 To make way for the Vice President to be a candidate in
president election.
7 Amendment 10 November, Legalizing all acts done by the 2nd Military Authority.
th th

1986
8 Amendment 9th June, 1988
th
Setting up six permanent Benches of the High Court
Division and making ‘Islam’ the state religion.
th th
9 Amendment 11 July, 1989 Direct election of the president and the Vice-President
simultaneously.
th rd
10 23 June, 1990 Period for reservation of 30 women members seats in the
Amendment parliament was extended for 10 years.
th th
11 10 August 1991 Legalizing the appointment of Shahabuddin Ahmed, Chief
Amendment Justice of Bangladesh as Vice President of Bangladesh and
his all activities as the Acting President and then the return
to his previous position of the Chief Justice of Bangladesh.
th th
12 18 September, Reintroducing the parliamentary system.
Amendment 1991
th
13 28th March, 1996 Provision for Caretaker Government.
Amendment
14th 16th May 2004 Provision regarding women in the parliament
Amendment
15th 30th June, 2011 Caretaker system abolished, elections to be held under
Amendment incumbent cabinet, Islam as State religion and Bismillah-
Ar-Rahman-Ar-Rahim retained ,etc.

16th 17th Gave power to the Jatiya Shangshad to remove Judges if

Amendment September,2014 allegations of incapability or misconduct against them are
proved.
17th th
8 July, 2018 Increases the tenure of 50lawmarks who are elected in the
Amendment women reserved sent to 25 years.

Chapter 5

Analysis of 17 Amendments
So far there have been 15 amendments to the constitution of Bangladesh. Detail
discussion will follow here a summary of all the amendments.
First Amendment:
This amendment was made to face a special situation. There was no special law the country
to prosecute those who committed war crimes, crime against humanity, genocide and other
crimes under international law during ‘he liberation war in 1971. Again, the provisions of
fundamental rights in the Constitution did not allow their separate trial. By this amendment a
new clause in Article 47 was inserted (clause 3) which allowed the parliament to make any
law for the trial of war criminals. By inserting a new Article 47A in the Constitution certain
fundamental rights were made inapplicable to those who would be tried under that law. The
rights which were made inapplicable to them were following.
Right to protection of law (Art.-31)
Protection against trial under export facto.1 law [Art. 35(1)]
Right to a speedy and public trial by an independent and imparity tribunal 9Art. 35(3)].
Right to enforce fundamental rights. (art. 44)
Second Amendment:
The Constitution (Second Amendment) Act 1973 was passed on 22 September 1973. This act:
amended Articles 26, 63, 72 and 142 of the Constitution; replaced Article 33;

Third Amendment:
The Constitution (Third Amendment) Act 1974 was enacted on 28 November 1974. This
amendment altered Article 2 of the Constitution to give effect to an agreement between
Bangladesh and India for the exchange of certain enclaves, and the fixing of boundary lines
between the two countries.

Fourth Amendment:
The Constitution (Fourth Amendment) Act 1975 was passed on 25 January 1975. Major
changes were brought into the Constitution by this amendment:

 a presidential form of government was introduced in place of the parliamentary system;

 a one-party system was introduced in place of a multiparty system;
 the powers of the Jatiya Sangsad were curtailed;
 the term of the first Jatiya Sangsad was extended;
 the judiciary lost much of its independence; and
the Supreme Court was deprived of its jurisdiction over the protection and enforcement of
fundamental rights.

Fifth Amendment:
The Fifth Amendment Act was passed by the Jatiya Sangsad on 6 April 1979. This Act
amended the Fourth Schedule to the Constitution by inserting a new paragraph 18. The
effect of the amendment was that all amendments or repeals made in the Constitution from
15 August 1975 to 9 April 1979 (inclusive) by any proclamation or Proclamation Order of the
Martial Law Authorities were deemed to have been validly made, and could not be called
into question before any court or tribunal or other authority.

Sixth Amendment:
The Sixth Amendment Act was enacted by the Jatiya Sangsad; it amended Articles 51 and 66
of the Constitution.

Seventh Amendment:
The Seventh Amendment Act was passed on 11 November 1986. It amended Article 96 of
the Constitution; it also amended the Fourth Schedule to the Constitution by inserting a new
paragraph 19, which amongst other things provided that all proclamations, proclamation
orders, Chief Martial Law Administrator's Orders, Martial Law Regulations, Martial Law
Orders, Martial Law Instructions, ordinances and other laws made from 24 March 1982 to
11 November 1986 (inclusive) had been validly made, and could not be called into question
before any court or tribunal or other authority. (See also the Fifth Amendment.

Eighth Amendment:
The Eighth Amendment Act was passed on 7 June 1988. It amended Articles 2, 3, 5, 30, and
100 of the Constitution. This Amendment:

 declared Islam as the state religion;

 decentralized the judiciary by setting up six permanent benches of the High Court Division
outside Dhaka;
 substituted the spelling 'Bengali' with 'Bangla', and 'Dacca' with 'Dhaka', in Article 5 of the
Constitution;
 amended Article 30 of the Constitution by prohibiting the acceptance of any title, honors, award,
or decoration from any foreign state by any citizen of Bangladesh without the prior approval of
the president.

The Eighth Amendment Case:

The case of Anwar Hussain Chowdhury V. Bangladesh [1989 BLD(SPL)] popularly known
as the 8th Amendment case is a historic judgment in the constitutional history of
independent Bangladesh.

Background of the Case:

After martial law was imposed on 24th March, 1982, on 8th May the CMLA by amending the
Schedule to the Proclamation of the 24th March, 1982 had set up six permanent Benches
of the High Court Division at Chittagong, Commilla, Jessore, Barishal, Sylhet and Rangpur.
By a further amendment of the proclamation by Proclamation Order no III of 1986 these
permanent Benches were designated as ‘Circuit Benches’ and it was provided that when
Article 100 of the Constitution would-be revived, the Circuit Benches should be deemed to
be sessions of the HCD at Dhaka under that Article Martial law was withdrawn on
10th November, 1986 and the Constitution was fully revived on the same date. As the
Constitution was revived the Proclamation Order III of 1986 was no longer operative and
the Chief Justice under the revived Article 100 of the constitution with the President,
proceeded to implement the provisions of six sessions benches in the same places where
Circuit Benches were functioning during the martial law period. The Chief Justice issued six
other notifications specifying the jurisdiction to be exercised by each session and the areas
covered by them.

The Constitution (8thamendment) Case:

By   two   writ petitions   the   amended   Article 100   and the notification of the Chief
Justice were challenged as ultra vires. A Division Bench of the HCD dismissed the petitions
summarily. Leave was granted by the Appellate Division
to consider the Constitutionality of the Amendment. After a sound hearing the Appellate
Division by a majority of 3 to 1 struck down the 8 th Amendment as far as it related to the
creation of permanent Benches outside Dhaka by substitution of Article 100. The ground
shown by the court was that the impugned amended Article 100 changed the character
and nature of the function and jurisdiction of the HCD as envisaged in the Constitution.
Such an amendment changing the basic structure of the Constitution was ultra vires and
therefore not tenable in law.

This was a historic judgment in the sense that it was the first time since the birth of the
nation that the Supreme Court of Bangladesh was striking down on amendment to the
Constitution made by the parliament, the supreme and sovereign law making body under
the Constitution. The judgment aroused serious controversies on the issue of Parliaments’
authority to amend the Constitution and whether the Supreme Court could restrict the
amending power of the parliament. And whether four or five judges sitting on a Bench
could be wiser or have more authority than the 330 members of parliament elected by the
people.

Ninth Amendment:
This Amendment was passed on 10th July 1989 and it became a law on 11 th July. But it was
to come into effect on 1st march 1991. This Amendment amended Articles 49, 50, 51, 53, 54,
72, 119, 122, 123, 124, 148, 152 of and 4 th Schedule to the Constitution. It also inserted a
new article 53A in the Constitution. It introduced some important changes in the
Constitution. Most significant features of this Amendment were following:
1. Provision for direct election for the Vice President.
2. Provision for the election of the President and Vice-president
simultaneously.
3. Both President and Vice-President were to hold office for a term of five years.
 4. No person was to hold office as President or Vice-President for more than two terms;
whether or not the terms were consecutive.
          The Amendment, therefore, sought to democratize the executive. But it carries no
importance now for the 12th Amendment which reverted the governmental system to a
parliamentary one has made all its provisions ineffective

Tenth Amendment:
The Tenth Amendment Act was enacted on 12 June 1990. Amongst other things, it amended
Article 65 of the Constitution, providing for the reservation of thirty seats in the Jatiya
Sangsad exclusively for women members. The reservation was to last for 10 years, with the
members holding the reserved seats to be elected by the members of the Sangsad.

Eleventh Amendment:
The Eleventh Amendment Act was passed on 6 August 1991. It amended the Fourth
Schedule to the Constitution by adding a new paragraph 21, validating the appointment and
oath as Vice President of Shahabuddin Ahmed (Chief Justice of Bangladesh), and the
resignation tendered to him on 6 December 1990 by the then President Hussain M Ershad.
This Act ratified, confirmed and validated all powers exercised, all laws and ordinances
promulgated, all orders made and acts and things done, and actions and proceedings taken
by the Vice President as acting President from 6 December 1990 to 9 October 1991
(when Abdur Rahman Biswas became President following his election). The Act also
confirmed and made possible the return of Vice President Shahabuddin Ahmed to his
previous office as Chief Justice of Bangladesh.

Twelfth Amendment:
The Twelfth Amendment Act, passed on 6 August 1991 and approved by referendum in
September, brought about a fundamental change to Bangladesh's constitutional
arrangements. It amended Articles 48, 55, 56, 57, 58, 59, 60, 70, 72, 109, 119, 124, 141A,
and 142 of the Constitution with the following results:

 the parliamentary form of government was re-introduced;

 the President became the constitutional head of the state;
 the Prime Minister became the head of the executive;
 the Cabinet headed by the Prime Minister became responsible to the Jatiya Sangsad;
 the position of Vice President was abolished;
 the office of President now became elected by the members of the Jatiya Sangsad.
Through the amendment of Article 59 this amendment also ensured the participation of the
people's representatives in local government bodies, thus stabilising the base of democracy
in the country.

Thirteenth Amendment:
The Constitution (Thirteenth Amendment) Act 1996 was passed on 26 March 1996. It
provided for a non-party caretaker government which, acting as an interim government,
would give all possible aid and assistance to the Election Commission for holding the general
election of members of the Jatiya Sangsad peacefully, fairly and impartially. The non-party
caretaker government, comprising the Chief Adviser and not more than 10 other advisers,
would be collectively responsible to the president and would stand dissolved on the date on
which the Prime Minister entered upon his office after the constitution of the new Sangsad.

Fourteenth Amendment:
The Constitution (Fourteenth Amendment) Act, 2004 was passed on 16 May 2004. This
amendment amended several articles of the Constitution:

 a new Article 4A was inserted, for the preservation and display of the portraits of the President
and the Prime Minister;
 clause (3) of Article 65 was amended regarding the seats reserved exclusively for women
members in the Parliament;
 Articles 96 (1), 129, and 139 were amended to raise the retirement age of the Judges of the
Supreme Court, the Auditor General, and the Chairman and other members of the Public Service
Commission (PSC); and
 Article 148 was amended, to provide for the administration of the oath to newly elected
members of Parliament by the Chief Election Commissioner.

Fifteenth Amendment:
The Parliament of Bangladesh, the Jatiyo Sangsad, passed the Constitution (15th
Amendment) Bill, 2011 on 30 June 2011 to amend its constitution under which the
caretaker government system for holding general elections was scrapped. The bill which
contained 15 proposals was passed by division vote with a majority of 291-1. However,
amendments moved by ruling alliance opposing Islam as the state religion and religion-
based politics were rejected. Islam has been retained as the state religion along with
Bismillahi-Ar-Rahman-Ar-Rahim.
The Constitutional amendments incorporate strict provisions against military takeovers. It
treats military takeovers as treachery and a subversive act. Parliament has been given
power to hand down maximum penalty to those usurping state power. The caretaker
system was introduced in 1996 under the 13th amendment to the constitution of
Bangladesh. Since then, the general elections were overseen by non-partisan caretaker
government.
Sixteenth Amendment Act:
The Jatiya Sangsad on September17,2014 passed the
Sixteenth Amendment Bill, 2014 and restored the parliament's power to remove
Supreme Court judges for their misconduct or incapacity The new section 2 of Article
96 says a judge shall not be removed from his office except by an order of the President
passed pursuant to a resolution of parliament supported by a majority of not less than two-
thirds of the total members of the parliament on the around to prove misconduct or
incapacity. The parliament under section (2) of Article 93 (A) Would be able to control
the procedure of investigation and proved misconduct and incapacity of the judges
through law. According to the section I of the Article 96, subject to the other provisions
of this article, a judge shall hold office until he attains the age of sixty-seven years.
Seventeenth Amendment Act:
According to the Article 65(3) of the constitution, 50seatswould be reserved exclusively for
women in the parliament for 10 years from the first meeting of parliament after the one that
passed the 14th constitutional amendment in 2004.As per the constitution, the parliament shall
consist of 300 members to be elected directly and 50 reserved seats for women to be allotted
to parties based on their proportional representation in the House. The incumbent 10th
parliament has 350 members-300 elected in general elections and 50 law makers from
reserved seat for women. Buttheexiting10-year tenure of their served seats is going to end on
January 24, 2019.
According to the draft bill, the 25-year period of the reserved seats will be counted from the
first day of the 11th parliament.
In 2004, the 8th parliament extended the tenure of the reserved seats by another 10 years
through a constitutional amendment and it became effective in the 9th parliament, which sat
on January 25, 2009. The 8th parliament increased the number of reserved seats from 30 to
45 while the 9th parliament enhanced it to 50. But the amendment did not extend the term
of the quota.7

Criticism

The 14th Amendment as a whole has more political ramification than real. The provision for
45 reserved women seats in the parliament has demoralized the idealism and spirit embedded
in the original constitution of 1972 particularly articles 10. 19(1), 27, 28(1) 28(2) of it. The
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thinking of the constitution makers was to keep this vote bank system operative only ten
years which has been extended from time to time by various governments by amendments.
When the 8th Parliament increased the number of reserved seats for women from 30 to 45
with indirect election system and extended for another ten years, it is clear that the
government’s aim is to strengthen stigmatic vote bank system rather than true democracy or
woman representation.

Conclusion

We can conclude that, an easy procedure of amendment of the constitution is necessary for a
new, idealistic and developing country like Bangladesh. But it may make the constitution the
play thing at the hands of a brute majority of a party in power. There is no check or brake on
it, no provisions for reconsideration, or revision, no scope for “an appeal to Philip drunk to
Philip sober”. At least the president should have been given right to return it back to
parliament for reconsideration.

Bibliography

1) MD. Abdul Halim, "Constitutional Law and Politics", Books

2) https://www.academia.edu/8314067/A_Critical_Analysis_on_the_Fifteenth_Amend
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3) https://www.academia.edu/39193229/_Amendments_of_Bangladesh_Constitution_
?fbclid=IwAR3KfF99D3cipQOp_ZZqSEJu2mdGeitmbiICyJ9_UR4Pm7YTcRjKXrjgjUU
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8
5) https://www.academia.edu/10223583/Amendment_of_Bangladesh_Constitution_a
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