Constitutional Features of

Bangladesh
• Recommended reading:
– The Constitution of the People’s
Republic of Bangladesh as amended till
date.
– Abdul Awal Mintoo, Bangladesh:
Anatomy of Change

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• Meaning of the Constitution: A Constitution is
a basic design of the structure and power of
the state and the rights and duties of its
citizen.
• World have two types of constitution: Written
and Unwritten
• Coverage of the constitution:
a. Fundamental civil and political right.
b. Fundamentals outline of the
organization of government.
c. Procedure for amendment of the
constitution.
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• A Constitution of a country developed
through enactment of law, judicial decrees
and judge made law.

• Constitutional development.

– A Committee headed by Dr. Kamal

Hossain started working in April 17, 1972
– Finalize draft constitution in less than two
months.

– There were very few leaders, opposition

workers or civil society member who
reviewed the constitution.
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Constitution of Bangladesh

• Adopted in November 4, 1972

• The constitution of Bangladesh has

–153 articles 4 schedules arranged
– in eleven main parts to

–regulate the functioning of the state and

–set up fundamentals, civil and political
right of the citizen.
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• Fundamental principles, or State policy:
Democracy, socialism, secularism and
Nationalism. A socialist society free from
exploitation
A. Fundamental right
Constitution provide fundamental right
that is:-
• All citizens are equal before the law and are
entitled to equal protection of law,
• No discrimination against any citizen on
grounds only of
– Religion or race,
– Caste or sex or place of birth.
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• Every citizen shall have the right to
– Form associations or unions,
– To assemble and to participate in public
meetings
– Processions peacefully and without arms,
– Freedom of thought and conscience.

• But fundamental responsibilities and

obligation of citizen was vague and unclear.

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B. organization of government.
President:
Qualification:
– 35 years of age or above
– Qualified for election as a member of the
parliament
– Not been removed from the office of the
President by impeachment.
Election President is elected by the
members of the Sangsad for 5 years.

Function: Executive, Legislative Judicial,

Financial and Miscellaneous powers
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• Immunity & Removal
– President is immune from answering in
any court.
• Removal
– Impeachment on two grounds: on a
charge of violating the constitution
or on a charge of grave misconduct :

– Incapacity. On two grounds physical or

mental incapacity.
• Procedure for removal is Same. Require
majority support for the motion and two
third majority for impeachment or removal.
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Prime minister

Prime minister is the chief executive and

head of Council of Ministers collectively
responsible to the Jatiya Sangsad.

Prime Minister office shall be vacant:

– if he/she resigns or ceased to be a
member of Sangsad.

– If he/she could not retain the support of

the majority members of the Sangsad.

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Caretaker government
• Takes care of state administration for an
interim period until the regular new
government is formed.

• Perform day to day administrative jobs, and

is not supposed to deal with policy initiating
functions.

• Caretaker government system was

incorporated in the constitution through
Thirteenth Amendment on 26 March 1996 it
was passed by 268-0 vote.
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C. Amendment of the Constitution

– There were 16 amendments of our

constitution.
– Most important amendment were
• Fourth Amendment January 28, 1975
(page 87).
• 5th Amendment April, 1979 (page 89).
• 13th Amendment, March 28, 1996.
• 15th amendment July 3, 2011

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