6th Lecture

Synopsis: 1. Primary discussion on Bangladesh Constitution.

2. Features of Bangladesh Constitution.
3. Some important amendments of Bangladesh constitution.

The Constitution of Bangladesh is the highest ruling of Bangladesh. It

represents Bangladesh as a democratic republic nation where all the power is
in the hands of Bangladeshi people [1] and characterizes basic political
principles of the state and stands for the fundamental rights of citizens. It was
approved by the Assembly of Bangladesh on November 4, 1972; it was
exercised from December 16, 1972. The constitution stands as the most
powerful evidence to state Bangladesh as a unitary, independent and Republic,
founded on a struggle for national liberation, and that is how we achieve the
People’s Republic of Bangladesh. It lays a strong foundation of nationalism,
secularity, democracy and socialism as the essential ethics that stands for the
Republic and declares the quest of a society that gives its citizens- the rule of
law, fundamental civil rights and independence as well as fairness and
evenhandedness, political, economic and social.
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Fundamental Principle of State Policy: 

Article 8 of Bangladesh constitution described the fundamental principle of
state policy which is Nationalism, Democracy, Socialism and Secularism. 
Unicameral Legislature: 
According to Article 65 of Bangladesh constitution, legislative assembly is
unicameral. That means there is only one house parliament which is 'House
of the nation' commonly known as 'Jatiya Sangshad'. 
Written Document: 
The constitution is a written document and is divided into 11 parts, which are
further subdivided into 153 articles. In addition, there are 7 schedules. 
Rigid Constitution: 
Constitution of Bangladesh is inflexible. It cannot be amended without votes
of two-third members in the total members of parliament. 
Preamble:
This is the opening statement that sets out the guiding purpose and principles
of the the constitution. The preamble is not an indispensable part of the
constitution in the sense that it is enforceable in a court of law. 
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Unitary Government: 
Bangladeshi government is unitary according to the constitution's Article 1.
Unitary governance means all power centralized under the constitution. 
Fundamental Right: 
Third part of Bangladesh constitution described about fundamental rights of
the peoples of Bangladesh. These are likely Laws inconsistent with
fundamental rights to be void, Equality before law, Right to protection of law,
Prohibition of forced labor, Freedom of movement, Freedom of assembly etc. 

Independence of the Judiciary: 

Judicial independence is the theory that the judiciary system should be kept
away from the other department of government. In Bangladesh, Chief justice
is selected by the president of the republic and other justice of supreme court
appointed after consultation with the chief justice. A justice cannot be
removed from his office except by an order of the President passed to a
resolution of parliament supported by a two-third members of the
legislature. 
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Important amendments of Bangladesh Constitution:

Second Amendment: The actual Constitution did not have any prerequisite for declaration
of state of emergency and defensive detention. By the Constitution Act 1973, Article 33 was
amended on condition that for defensive detention and Part IXA was inserted conferring
authority on Parliament and the administrative to deal with emergency state and providing
for postponement of enforcement of the fundamental privileges during the episode of
emergency.

Fourth Amendment: The Constitution Act 1975 prepared foremost changes into the
Constitution. The presidential system of the government was introduced in place of the
parliamentary system; a one-party system instead of a multi-party system was the main
important part; the authority of the Parliament were shortened; the Judiciary lost much of
its liberty; the Supreme Court was underprivileged of its command over the protection and
enforcement of basic 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) was alternated
by Articles 44, 70, 102, 115 and 124 of the Constitution; (iii) amended Part III of the
Constitution out of existence; (iv) altered the Third and Fourth Schedule; (v) absolute the
term of the first Jatiya Sangsad; (vi) ended unique supplies relating to the office of the
President and its serving; (vii) inserted a new part, i.e. part VIA in the Constitution and (viii)
inserted Articles 73A and 116A in the Constitution. 
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Fifth Amendment: The Constitution Act was accepted by the Jatiya Sangsad
on 6 April 1979. This Act amended the Fourth agenda to the Constitution
by adding a new Paragraph 18 thereto, which offers that all amendments,
add-ons, adjustment, replacement and oversight made in the Constitution
during the stage between 15 August 1975 and 9 April 1979 (both days
inclusive) by any public statement or Proclamation Order of the Martial
Law Authorities had been dependably made and would not be called in
query in or before any court or tribunal or power on any ground
whatsoever.

The phrase ‘Bismillah ar-Rahman ar-Rahim’ was added before the preface
of the Constitution. The idiom ‘historic struggle for national liberation’ in
the introduction was swap by ‘a historic war for national independence.’
One party government was replaced by multiparty parliamentary
government. Essential principles of state policy were ended as ‘absolute
trust and faith in the Almighty Allah, nationalism, democracy and socialism
meaning economic and social justice.’
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Seventh Amendment: This Act was voted for on 11 November 1986. It revised
Article 96 of the constitution; it also revised the Fourth Schedule to the constitution
by placeing in a new paragraph 19 thereto, given that among others that all
announcements, proclamation orders, Chief Martial Law Administrator’s Orders,
Martial Law Regulations, Martial Law Orders, Martial Law Instructions, ordinances
and other laws prepared during the period between 24 March 1982 and 11
November 1986 (both days inclusive) had been authentically made and would not
be called in query in or before any court or panel or power on any ground
whatsoever.

Eighth Amendment: The Constitution Act 1988 was agreed amending Article 100 of
the Constitution and thereby setting up six permanent Benches of the High Court
Division exterior the capital and authorizing the President to fix by noticing the
territorial jurisdiction of the permanent Benches. By this Act, ‘Islam’ was made the
state religion of Bangladesh. This Act also revised (i) the word ‘Bengali’ into ‘Bangla’
and ‘Dacca’ into ‘Dhaka’ in Article 5 of the Constitution, (ii) Article 30 of the
Constitution by eliminating acceptance of any title, honors, award or medal from
any foreign state by any citizen of Bangladesh without the prior approval of the
President.