Main Features of the Constitution of the People’s

Republic of Bangladesh (both original & present Constitution)

Department of Law
Batch: 40th

Course Title: Constitutional Law of Bangladesh-I

Course code: (Law 241)
Course Teacher: Mahbuba Sultana
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Lecture (3) Outline:

Chapter 2: Main Features of the Constitution of

the People’s Republic of Bangladesh
(features of both original & present
constitution)
Main Features of the Constitution of the People’s Republic of Bangladesh (both
original & present constitution)

• 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. In the original constitution there were 4 schedules.
 
• Rigid Constitution: 
Constitution of Bangladesh is rigid. According to art.142 it can be
amended by votes of two-third members in the total members of
parliament. Moreover from 2011, u/a 7A & 7B, some provisions of the
present constitution can’t be amended even by votes of all MPs. It was not
so in the original constitution.
 ……….continued

• Preamble:
This is the opening statement that sets out the guiding purpose and
principles of the constitution. Preamble identifies the legal and moral
basis of the constitution and also identifies the goal of the State. In the
original constitution there was no Quranic Verse in the preamble  

• Constitutional supremacy: According to article 7, 7A,7B, 26, 65, 94,

102 and 142 Bangladesh has constitutional supremacy that is
constitution is the supreme law of the State and all other laws, organs
are subject to the constitution.
 ……….continued
• Fundamental Principles of State Policy(FPSP): 
In the II part from art. 8 to 25, Bangladesh constitution describes the
fundamental principles of state policy among which Nationalism, Socialism,
Democracy and Secularism are considered the four pillars of the constitution. 
• Fundamental Right(FRs): 
Part III of Bangladesh constitution from art. 26 to 44 describes about
fundamental rights of the peoples of Bangladesh. There are 18 FRs. These are
Equality before law, Right to life, Prohibition of forced labor, Freedom of
movement, Freedom of speech, Freedom of assembly, Right to religion etc. 
• Unitary Government: 
Bangladeshi government is unitary according to the constitution's Article 1.
Unitary governance means all power centralized under the constitution. 
 ………..continued

• 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’. The Parliament consists of 300 directly
elected MPs and 50 MPs from reserved seats for women(RSW). In the original
constitution there were 15 RSW.

• Parliamentary form of government: 

Bangladeshi Parliament is a Westminster type of parliament according to the
constitution. Here, the government is run by cabinet lead by the prime minister. The
President is head of the government but executive power is exercised by the cabinet of
ministers. And the cabinet is accountable to the Parliament.
 ……………continued

• Responsible Government is not ensured: Because of carrying art. 55(3),

57, 58 and 70 both by original and present constitution responsible govt. is not
ensured in Bangladesh.
Let’s have a short look of these articles:
• Art. 55(3)which makes cabinet only collectively accountable to Parliament;
• Art. 57 provides no specific term and impeachment of Prime Minister;
• Art. 58 makes the cabinet members subordinate to PM &
• Art. 70(bar against floor crossing that is a MP can’t give vote against his /her
party in the Parliament).
 ………..continued
• A Separate and Independent Judiciary: 
• According to art. 22 the judiciary of Bangladesh is separated and art. 94
and 102, 116A declares the independence of judiciary. But in practice the
Chief justice is selected and appointed by the President and other judges
of the Supreme Court are appointed by the President after consultation
with the chief justice(art.95). Due to some loopholes of the constitution
(art. 96, 98, 99) the independence of judiciary is still a disputed issue.

• References:
• The Constitution of the People’s Republic of Bangladesh;
• MD. Abdul Halim, Constitution, Constitutional Law and Politics: Bangladesh
Perspective ( chapter: II; p.39-43)