Course Title: Constitutional Law of Bangladesh-I

Course Code: LLB-1203

Topic name: The nature, significance and functions of the Fundamental Principles of State Policy of
Bangladesh. Distinguished between The Fundamental principles of state Policy and the
Fundamental rights in the Constitution of Bangladesh.

Submitted to:
Lecturer: Mafruha Murphy
Department of law
Northern University Bangladesh

Submitted By:
Name: Sazzatul Islam Seam
ID:180303325
Semester: Summer-2019
Department of Law
Northern University Bangladesh

Date of submission: 06-08-2019

 1. Introduction:

The term “fundamental principle of state policy “indicates primarily those principles which
considered fundamental in matters of policy formulating by the government. Provisions
relating to fundamental policy of state policies is mentioned in part ii of the constitution of the
people’s republic of Bangladesh. The term fundamental right is a technical one, for when
certain human rights are written down in a constitution and protected by constitutional
guarantees they are called fundamental rights. 

● Nature of Directive Principles :

1
Directive Principles of State Policy are some instructions to the State for achieving socio-economic
development. Directive Principles of State Policy are not enforceable in the courts and no one can go near
the court for its proper implementation. Directive Principles of State Policy are positive in nature.
2
First, these are described as 'beau ideal" in the Constitution, I.e, the highest standard of excellence in the
Constitution. Because they embody the principles of high ideals like economic emancipation, eradication of
poverty, illiteracy etc.

Second, these are described as 'veritable dustbin of sentiment,2 for they Constitution without providing anything
for their enforcement. They are, therefore, nothing but the mere expression of good sentiment of the
Constitution makers. are the best idealistic words written down in the

Third, these are sometimes described as 'decorative in the Constitution.' Tushar Chatterjee, a communist
number of Indian parliament being very harsh in assessing the utility of the directives, commented that he
could not but feel that these solemn declarations in the Constitution were not directives but mere decoratives in
the constitution.

Fourth, these principle are also described as “a moral homily on the one hand ,and as a manifesto of aims and
aspiration on the other hand for the are all principle relating to economic , social and culture rights which are
not a matter of immediate achievement.

Significance
1
http://m.kkhsou.in/EBIDYA/POL.%20SC/MODIFY_directive_principles.html
2
Constitution ,constitutional law and politics : Bangladesh perspective by MD. ABDUL HALIM
Firstly, directive principles have great political importance. If the government pails to carry out these directives
no court can compel the government to implement them. Thus the sanction behind directive principles is a
political one which has a greater importance than fundamental rights in respect of keeping a continuing
responsible government.

Secondly, the directives have a great role to play in the interpretation of the Constitution and other laws.
Though courts cannot declare a law invalid on the ground that it contravenes a directive principle, nevertheless
the constitutional validity of many laws can be maintained, as has been done in India,2 with reference to the
directives so that they do not serve as 'mere homily'. Article 8(2) of the Constitution specifically allows the
courts to refer to these principles for understanding the meaning of the provisions of the constitution which are
doubtful or ambiguous.

Thirdly, directive principles have both idealistic and educative value. They have idealistic value in the sense
that they outline the ideal of a welfare society. They emphasize, in amplification of the preamble, that the goal
of the body polity of the state is a welfare state where it has a positive duty to ensure to its citizens social and
economic justice and dignity of individuals. And by the proper implementation of these directives that goal have
educative value in the sense that they for those in power for the time being that the goal of the state is to
introduce economic democracy 

Function:

Four major function those are:

1. Nationalism : Bangladeshi nationalism is an ideology generated by former Bangladesh President Ziaur

Rahman. The ideology emerged during the late 1970s and is the institutional basis of Bangladesh Nationalist Party,
one of the leading political parties of Bangladesh

2. Socialism: Socialism is one of the four fundamental principles according to the

original Constitution of Bangladesh. Socialism in Bangladesh is identical to other socialist countries in that it allows
for cooperative and private ownership. Socialism has been considered in the Constitution of Bangladesh, as with
any socialist ideology, as a way to establish an exploitation-free society.

3. Secularism : Secularism is one of the four fundamental principles according to the original 1972 Constitution
of Bangladesh.The secularism principle was removed from the constitution in 1977 by Ziaur Rahman, replaced with
a statement of "absolute trust and faith in Almighty Allah", and Islam was declared the state religion in 1988. In
2010, the Bangladesh Supreme Court stated Islam remained the state religion

4. Democracy: Democracy was introduced in the Indian subcontinent region through the arrival of the British
Raj and it was based on the Westminster style system practiced in United Kingdom. After the Independence of
Bangladesh in 1971, the constitution was formed in 1972. The constitution had four fundamental principles which
were democracy, nationalism, secularism, and socialism. On 7 June 1975, the president of Bangladesh Sheikh
Mujibur Rahman established a one party state called BKSAL.
Difference between Fundamental Rights and
fundamental Principle state policy :
S.N Fundamental Rights
.
1. These are negative as
they prohibit the state
from doing certain
things.
2. These are justifiable,
that is they are legally
enforceable by the
courts in the case of
their violation.
3. They aim at establishing
political democracy in
the country.
4. These have legal
sanctions
5. They promote the
welfare of the individual.
Hence they are personal
and individualistic.
6. They do not require any
legislation for their
implementation. They
are automatically
enforced.
7. The courts are bound to
declare a law violative of
any of the fundamental
rights as
Directive Principles
These are positive as they
requires the state to do
certain things
These are non justifiable
i.e. they are not
enforceable by the courts
for their violation.
They aim at establishing
social and economic
democracy in the country.
These have legal and
political sanctions.
They promote the welfare
of the community. Hence
they are societarian and
socialistic.
They require legislation for
their implementation. They
are not automatically
enforced.
The court can not declare a
law violative of any of the
directive principles as
unconstitutional and
unconstitutional and invalid. However, they can
invalid. uphold the validity of a law
on the ground that it was
enacted to give effect to
adirective.