JATIYA KABI KAZI NAZRUL ISLAM UNIVERSITY

TRISHAL, MYMENSINGH

Assignment On – “Amendments of Bangladesh Constitution”

Course Title : Politics & Governance

Course Code: PA-215

SUBMITTED TO:

Md. Gazi Arafat Uzzaman

Lecturer
Dept. of Public Administration &Governance Studies
Jatiya Kabi Kazi Nazrul Islam University
Trishal,Mymensingh

SUBMITTED BY:

Anupom Sarker
ID: 18123127
Session : 2017-18
2 year-1st Semester
nd

Dept. of Public Administration & Governance Studies

Jatiya Kabi Kazi Nazrul Islam University
Trishal,Mymensingh

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Submission Date: 07-05-2019
 Contents

Serial
No.
Title of the Topics Page No.

01 Constitution 01
02 History of the Constitution 01-02
03 Features of the Constitution 02-04
04 Summary of 17 Amendments 05
05 Analysis of 17 Amendments 06-10

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 Constitution: Constitution is the supreme law of the republic. The entire legislative,
executive an judicial activities of the state are guided and regulated by the
constitution. In all countries here where constitutionalism prevails, ordinary men and
women are more or less knowledgeable about their country’s constitution and are
vigilant and vocal to a man to assert and preserve the constitution and their
constitutional rights. They do not leave their constitution in the hands of
constitutional lawyers judge and academicians. Each citizen is a defender of the
constitution. So that it becomes almost impossible to make an open breach of it.

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.”

 History of the Constitution:

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 Article 111, 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

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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.

 Features of the constitution of 1972:

 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.1 In the Constitution the people feature as the
dominant actors and it is a manifestation of what is called ‘the people’s power’.

 Sovereign Republic:

The Constitution established Bangladesh as a sovereign unitary Republic.2 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.3

 Preamble and Fundamental Principles of state Policy:

Having regard to the constitutional misadventures of the past and usurpation of power by
unauthorised persons, the framers of the Constitution thought it necessary to spell out the
objectives of the Constitution in the preamble in some detail. 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, The Constitution sought
to establish a welfare State and the preamble declared the fundamental aim of the State to
be the realization through democratic process of a socialist society, free from exploitation–
a society in which the rule of law, fundamental human rights and freedom, equality and
justice would be ensured.

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 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.1 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.2 As a result, the Constitution (Third
Amendment) Act, 1974 was passed to give effect to the agreement.

 Supremacy of the Constitution:

The Constitution declared the “supremacy or the Constitution and sought to establish a
limited government in the sense that every authority in the Republic had power prescribed
and limited by the Constitution.3

 Separation of powers:

The Constitution provided for separation of powers between the three organs of the State –
executive, legislature and judiciary. It was not a separation of powers of the type practised
in the American jurisdiction. 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.

 Fundamental rights:

The Constitution enumerated a number of rights as fundamental rights and no law could be
made which was inconsistent with these rights and no action could be taken by the
government in derogation of such rights. To that extent, the power of Parliament and the
executive was limited. However, certain laws were set apart which could not be challenged
on the ground of violation of fundamental rights.’1

 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. The executive authority of. the Republic
vested in the Prime Minister who, and also the Cabinet, were responsible to Parliament and
through Parliament to the ultimate sovereignty.

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 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.

 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.

 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.

 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.

 Constitutional Amendment:

So far there has been 17 amendments to the constitution of Bangladesh. The summery
of all the amendments are discussed in the next page.

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 Summary of 17 Amendments :

Amendments Date Summery of substance

1st Amendment th
15 July 1973 To make way for prosecution of genetic crime
against humanity and war crimes committed in the
liberation war of 1971.
2nd Amendment 22nd September, Inclusion emergency provision suspension of
1973 fundamental rights and preventive detention.
3rd Amendment th
28 November To give effect to the boundary line treaty between
1974 Bangladesh and India.
4th Amendment th
25 January, One party dictatorial system was subsisted for a
1975 responsible parliamentary system.
5th Amendment th
6 April, 1979 Legalising 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.
7th Amendment 10th November, Legalising all acts done by the 2nd Military
1986 Authority.
8th Amendment th
9 June, 1988 Setting up six permanent Benches of the High
Court Division and making ‘Islam’ the state
religion.
9th Amendment 11th July, 1989 Direct election of the president and the Vice-
President simultaneously.
10th Amendment 23rd June, 1990 Period for reservation of 30 women members seats
in the parliament was extended for 10 years.
11th Amendment 10th August Legalising the appointment of Shahabuddin
1991 Ahmed, Chief 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.
12th Amendment 18th September, Reintroducing the parliamentary system.
1991
th th
13 Amendment 28 March, Provision for Caretaker Government.
1996
th th
14 Amendment 16 May 2004 Provision regarding women in the parliament
15th Amendment 30th June 2011 Restoring secularism and freedom of religion,
incorporating nationalism, socialism, democracy
and secularism as the fundamental principles of
the state policy.
th th
16 Amendment 17 September Gave power to the Jatiya Shangshad to remove
2014 judges if allegations of incapability or misconduct
against them are proved.
th th
17 Amendment 8 July 2018 Increases the tenure of 50 lawmakers who are
elected in the women reserved seat to 25 years.
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 Constitutional Amendments : The Constitution of the People's Republic of Bangladesh

has been amended 17 times. The following is a brief account of these Acts and Order.

 The 4th,6th,9th,10th,12th,14th & 16th Amendments of

Bangladesh Constitution are related to form Government.
Along with these Amendments, all the 17 Amendments are described below:

 First Amendment Act: The Constitution (First Amendment) Act 1973 was passed on 15
July 1973. It amended Article 47 of the constitution by inserting an additional clause which
allowed prosecution and punishment of any person accused of 'genocide, crimes against
humanity or war crimes and other crimes under international law'. After Article 47 it
inserted a new Article 47A specifying inapplicability of certain fundamental rights in those
cases.

 Second Amendment Act: The Constitution (Second Amendment) Act 1973 was passed on
22 September 1973. This Act resulted in the (i) amendment of Articles 26, 63, 72 and 142
of the constitution; (ii) substitution of Article 33 and (iii) the insertion of a new part ie IXA
in the constitution. Provisions were made through this amendment for the suspension of
some fundamental rights of citizens in an emergency.

 Third Amendment Act : The Constitution (Third Amendment) Act 1974 was enacted on 28
November 1974 by bringing in changes in Article 2 of the constitution with a view to
giving effect to an agreement between Bangladesh and India in respect of exchange of
certain enclaves and fixation of boundary lines between India and Bangladesh.

 Fourth Amendment Act : The Constitution (Fourth Amendment) Act 1975 was passed on
25 January 1975. Major changes were brought into the constitution by this amendment. The
presidential form of government was introduced in place of the parliamentary system; a
one-party system in place of a multi-party system was introduced; the powers of the Jatiya
Sangsad were curtailed; the Judiciary lost much of its independence; the Supreme Court
was deprived of its jurisdiction over the protection and enforcement of fundamental rights.
This Act:
(i) amended articles 11, 66, 67, 72, 74, 76, 80, 88, 95, 98, 109, 116, 117, 119, 122, 123,
141A, 147 and 148 of the constitution;
(ii) substituted Articles 44, 70, 102, 115 and 124 of the constitution;
(iii) amended part III of the constitution out of existence;

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(iv) altered the Third and Fourth Schedule;

(v) extended the term of the first Jatiya Sangsad;
(vi) made special provisions relating to the office of the president and its incumbent;
(vii) inserted a new part, ie part VIA in the constitution and
(viii) inserted articles 73A and 116A in the constitution.

 Fifth Amendment Act : This Amendment Act was passed by the Jatiya Sangsad on 6 April
1979. This Act amended the Fourth Schedule to the constitution by adding a new paragraph
18 thereto, which provided that all amendments, additions, modifications, substitutions and
omissions made in the constitution during the period between 15 August 1975 and 9 April
1979 (both days inclusive) by any Proclamation or Proclamation Order of the Martial Law
Authorities had been validly made and would not be called in question in or before any
court or tribunal or authority on any ground whatsoever.

 Sixth Amendment Act : The Sixth Amendment Act was enacted by the Jatiya Sangsad with
a view to amending Articles 51 and 66 of the 1981 constitution.

 Seventh Amendment Act :This 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 thereto, providing among others 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 during the period
between 24 March 1982 and 11 November 1986 (both days inclusive) had been validly
made, and would not be called in question in or before any court or tribunal or authority on
any ground whatsoever.

 Eighth Amendment Act: This Amendment Act was passed on 7 June 1988. It amended
Articles 2, 3, 5, 30 and 100 of the constitution. This Amendment Act (i) declared Islam as
the state religion; (ii) decentralised the judiciary by setting up six permanent benches of the
High Court Division outside Dhaka; (iii) amended the word 'Bengali' into 'Bangla' and
'Dacca' into 'Dhaka' in Article 5 of the constitution; (iv) amended Article 30 of the
constitution by prohibiting acceptance of any title, honours, award or decoration from any
foreign state by any citizen of Bangladesh without the prior approval of the President. It
may be noted here that the Supreme Court subsequently declared the amendment of Article
100 unconstitutional since it had altered the basic structure of the Constitution.

 Ninth Amendment Act: The Constitution (Ninth Amendment) Act 1989 was passed in July
1989. This amendment provided for the direct election of the Vice President; it restricted a
person in holding the office of the President for two consecutive terms of five years each; it

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also provided that a Vice-President might be appointed in case of a vacancy, but the
appointment must be approved by the Jatiya Sangsad.

 Tenth Amendment Act: The Tenth Amendment Act was enacted on 12 June 1990. It
amended, among others, Article 65 of the constitution, providing for reservation of thirty
seats for the next 10 years in the Jatiya Sangsad exclusively for women members, to be
elected by the members of the Sangsad.
 Eleventh Amendment Act: This Act was passed on 6 August 1991. It amended the Fourth
Schedule to the constitution by adding a new paragraph 21 thereto which legalised the
appointment and oath of Shahabuddin Ahmed, Chief Justice of Bangladesh, as the Vice
President of the Republic 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 during the
period between 6 December 1990 and the day (9 October 1991) of taking over the office of
the President by the new President Abdur Rahman Biswas, duly elected under the amended
provisions of the constitution. The Act also confirmed and made possible the return of Vice
President Shahabuddin Ahmed to his previous position of the Chief Justice of Bangladesh.

 Twelfth Amendment Act: This Amendment Act, known as the most important landmark in
the history of constitutional development in Bangladesh, was passed on 6 August 1991. It
amended Articles 48, 55, 56, 57, 58, 59, 60, 70, 72, 109, 119, 124, 141A and 142. Through
this amendment the parliamentary form of government was re-introduced in Bangladesh;
the President became the constitutional head of the state; the Prime Minister became the
executive head; the cabinet headed by the Prime Minister became responsible to the Jatiya
Sangsad; the post of the Vice President was abolished; the President was required to be
elected by the members of the Jatiya Sangsad. Moreover, through Article 59 of the
Constitution this Act ensured the participation of the people's representatives in local
government bodies, thus stabilising the base of democracy in the country.

 Thirteenth Amendment Act :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.

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 Fourteenth Amendment Act : The Constitution (Fourteenth Amendment) Act 2004 was
passed on 16 May 2004 providing, among others, the following provisions : Increase in the
number of reservation of seats for women in the Jatiya Sangsad from 30 to 45 on a
provisional representation basis for the following ten years; increase in the retirement age
of Supreme Court judges from 65 to 67 years; and displaying of portraits of the President
and the Prime Minister at the offices of the President and the Prime Minister, and the Prime
Minister's portrait in all government, semi-government and autonomous offices and
diplomatic missions abroad were made mandatory.

 Fifteenth Amendment Act: The Constitution (Fifteenth Amendment) Act 2011 was passed
on 25 June 2011 having amendment to the Constitution restoring secularism and freedom of
religion, incorporating nationalism, socialism, democracy and secularism as the
fundamental principles of the state policy. The Constitution now also acknowledges the
country's liberation war hero Sheikh Mujibur Rahman as the Father of the Nation. The
Amendment scrapped the system of Caretaker Government, increased number of women
reserve seats to 50 from existing 45 and inserted Articles 7(a) and 7(b) in the Constitution
after Article 7 in a bid to end take over of power through extra-constitutional means.

 Sixteenth Amendment Act: The Jatiya Sangsad on September 17, 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 ground of proved 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 1 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, 50 seats
would 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
lawmakers from reserved seat for women. But the exiting 10-year tenure of the reserved
seats is going to end on January 24, 2019.

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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.

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