Constitutional Law -1

Fifth amendment of Bangladesh Constitution

 
Fifth Amendment of the Constitution of Bangladesh
Introduction:
A modern state cannot be thought of without a Constitution. The entire legislative, executive
and judicial functions of the State are guided and regulated by the Constitution. The
Constitution and its development, as the supreme legal framework of a country, is a
continuing process so that the hopes and aspirations of its populace can be accommodated
along with socio-economic changes. But sometimes the state faces some problems resulting
in the constitution have to be changed. Likewise our constitution was also amended fifteen
times to face the various problems at different time as the demands of the people

Background:
In a military coup led by a group of army officers Mujib was killed brutally along with his
family members on 15th august 1975. With his killing his new system of one party BAKSAL
had gone. The first regime got its firm start in Bangladesh governance which continued till
6th April 1979. Though was declared on 15th august 1975 the Constitution was not
abrogated; it was kept alive in subordination, though it was the supreme law which allowed
no means of martial law, of martial law. The Constitution was changed several times by
various  proclamations and orders. From the constitutional point of view all these changes to
the Constitution were illegal, for the Constitution did not allow such a process of
Amendments; constitutionally it is the only body parliament this can amend the constitution.
However, the Martial Law was declared and the Constitution was amended in an extra-
constitutionally way which has been a frequent phenomenon in politics of developing
countries with new start of democracy. The second  parliamentary election was held in 1979
while administrator Zia‟s party secured a two-third majority. The first session of the
parliament was convinced on 1st April 1979 and on 6th April a constitutional Amendment act
(5th Amendment) was passed which legalized all the activities of the government made and done
during the period between 15th August and 9th April 1979. The Act amended the
4th schedule to the Constitution by an addition of new paragraph 18 there to which provided
inter alia, that all Amendments, additions, modifications, substitutions and
omissions made in the Constitution during the period between the 15th August
1975 and the 9th April 1979 by any proclamation or proclamation order of the
Authorities were ratified and confirmed and declared to have been validity
made and would not be called in question in or before any court or tribunal or
authority on any ground whatsoever. Through four major Proclamations and
various
Proclamation Orders made there under the Constitution was amended several
times according to the wishes of the government. After the Fifth Amendment
Act was adopted the overall Constitution came to be a different one, though not
completely an uprooted one, from one introduced by the 4th Amendment.

Changes made by the 5th Amendment: The 5th Amendment brought

about, inter alia, the following important changes in the constitution.