The Constitutions

8/11/2019 The Constitutions

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THE

CONSTITUTION


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The four party Government of Alliance could manage

to adopt the constitution (Fourteenth Amendment)

Bill, 2004 in the Parliament on last 16th May, 2004.They could get the Bill passed on the strength of their

so called brute majority. The job was done within

unbelievable shortest time and even without any

meaningful discussions in the Parliament. For

convenience of examination, the separate provisions

having no relevancy with each other and incorporated

in a single Bill in the form of a package may bediscussed separately :


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1. Preservation and display of the portraits of thePresident and the Prime Minister. Clause (2) of

Article 7 states that the constitution is the soberexpression of the will of the people. With thisamendment, a step has been taken to renounce from

preservation and display of the portrait of the fatherof the nation Bangabandhu Sheikh Mujubur Rahamnat Govt. offices, Educational Institutions, Publicoffices and Bangladesh missions abroad forever. Bydoing this the government has also made an attemptto manipulate the true history of Bangladesh. At the

same time, they intended to keep the pride & glory ofour historic struggle for national liberation under thecarpet.


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2. Amendment of clause (3) of Article 65 in theConstitution regarding reserved number of seatsexclusively for women members in the Parliament :

Article 65 (3) of the Constitution prior to thefourteenth amendment was as under :

There shall be reserved thirty seats exclusively forwomen members, who shall be elected according to

law by the members aforesaid. Provided that nothingin this clause shall prevent a woman from beingelected to any of the seats provided for in clauses(2)."

" Steps shall be taken to ensure participation of women

in all spheres of national life." So, this Article isdirectly related with the fundamental principles ofstate policy.


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3. Amendment of Article 96 (1), 129 and 139 of theconstitution enhancing the retirement age of the Judges of the

Supreme Court, Auditor General and Chairman & other

members of Public Service Commission : All the Public servants of the Republic had been demanding

for a long time to enhance their retirement age. Personsholding some constitutional posts were also demanding thesame. On principles, nobody has got any reservation in

enhancing the retirement age of the Supreme Court Judges.This could be done unanimously on discussions with allpolitical parties and the Lawyers community. This amendmenthas got direct bearing on formation of the next Care-TakerGovt. as per Article 58A of the Constitution.

As regards amendment of Article 129 and 139 of theConstitution for enhancing the retirement age of the AuditorGeneral and Chairman & Members of the Public ServiceCommissions upto 65 year's there would be no criticism, if theretirement age of the other servants of the Republic were alsoraised to a considerable extent.


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4. Amendment of Article 148 of the Constitution :

Making provision for administering oath of the newlyelected members of the Parliament by the ChiefElection Commissioner is extraordinary. No singleinstance would be found in any country of the worldauthorizing a person notconstitutionally elected to

administer oath of the members of the Parliament.This amendment not only undermine the powers andstatus of the Speaker, but also undermines theSovereignty of the Parliament as an Institution. It isalso inconsistent with para 5 of the 3rd Schedule of

the Constitution.


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Constitutional Amendments

The Constitution of the People's Republic of

Bangladesh has been amended several times. The

following is a brief account of these acts and orders.

F irst Amendment ActThe 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 othercrimes under international law'.


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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 i.e. IXA in the constitution.

Provisions were made through this amendment for

the postponement of some fundamental rights of

citizens in an emergency.


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Third Amendment ActThe Constitution (Third Amendment) Act 1974

was enacted on 28 November 1974 by

bringing in changes in Article 2 of theconstitution with a view to giving effect to an

agreement between Bangladesh and India in

respect of exchange of certain closed societies

and fixation of boundary lines between India

and Bangladesh .


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Fourth Amendment Act

The Constitution (Fourth Amendment) Act 1975 waspassed on 25 January 1975. Major changes werebrought into the constitution by this amendment. Thepresidential form of government was introduced inplace of the parliamentary system; a one-party system

in place of a multi-party system was introduced; thepowers of thejatiya sangsadwere shortened. theJudiciary lost much of its independence; the supremecourtwas deprived of its jurisdiction over the

protection and enforcement of fundamental rights.
http://banglapedia.search.com.bd/HT/P_0096.htmhttp://banglapedia.search.com.bd/HT/S_0611.htmhttp://banglapedia.search.com.bd/HT/S_0611.htmhttp://banglapedia.search.com.bd/HT/S_0611.htmhttp://banglapedia.search.com.bd/HT/S_0611.htmhttp://banglapedia.search.com.bd/HT/P_0096.htm


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F if th Amendment Act

This Amendment Act was passed by the Jatiya

Sangsad on 6 April 1979. This Act amended theFourth Schedule to the constitution by adding a new

paragraph 18 thereto, which provided that allamendments, additions, modifications, substitutions

and omissions made in the constitution during theperiod between 15 August 1975 and 9 April 1979(both days inclusive) by any declaration orProclamation Order of the Martial Law Authorities

had been validly made and would not be called inquestion in or before any court or tribunal orauthority on any ground whatsoever.


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Sixth Amendment Act

The Sixth Amendment Act was enacted by the Jatiya

Sangsad with a view to amending Articles 51 and 66of the 1981 constitution.

Seventh Amendment Act

This Act was passed on 11 November 1986. It amended Article96 of the constitution; it also amended the Fourth Schedule,

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 periodbetween 24 March 1982 and 11 November 1986 (both days

inclusive) had been validly made.


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Eighth Amendment Act

This Amendment Act was passed on 7 June 1988.

This Amendment Act (i) declared islamas the state

religion; (ii) decentralized 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,

honors, award or decoration from any foreign state byany citizen of Bangladesh without the prior approval

of the president.
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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 thepresidentfor twosuccessive terms of five years each; it also

provided that a vice-president might be

appointed in case of a vacancy, but theappointment must be approved by the Jatiya

Sangsad.
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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 exclusivelyfor women members, to be elected by the members of

the Sangsad.


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Eleventh Amendment Act

This Act was passed on 6 August 1991. It legalized

the appointment and oath of shahabuddin ahmed,Chief Justice of Bangladesh, as the vice-president ofthe Republic and the resignation tendered to him on 6December 1990 by the then President hussain m

ershad. This Act ratified, confirmed and validated allpowers exercised, all laws and ordinances, all ordersmade and acts and things done, and actions and

proceedings taken by the vice-president as acting

president during the period between 6 December1990 and the day (9 October 1991) of taking over theoffice of the president by the new President abdurrahman biswas, duly elected under the amended

provisions of the constitution.
http://banglapedia.search.com.bd/HT/A_0105.htmhttp://banglapedia.search.com.bd/HT/E_0071.htmhttp://banglapedia.search.com.bd/HT/E_0071.htmhttp://banglapedia.search.com.bd/HT/B_0542.htmhttp://banglapedia.search.com.bd/HT/B_0542.htmhttp://banglapedia.search.com.bd/HT/B_0542.htmhttp://banglapedia.search.com.bd/HT/B_0542.htmhttp://banglapedia.search.com.bd/HT/E_0071.htmhttp://banglapedia.search.com.bd/HT/E_0071.htmhttp://banglapedia.search.com.bd/HT/A_0105.htm


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Twelf th Amendment Act

This Amendment Act, known as the most importantlandmark in the history of constitutional developmentin Bangladesh, was passed on 6 August 1991.Through this amendment the parliamentary form ofgovernment was re-introduced in Bangladesh; the

president became the constitutional head of the state;

theprime ministerbecame the executive head; thecabinet headed by the prime minister becameresponsible to the Jatiya Sangsad; the post of the vice-

president was abolished; the president was required tobe elected by the members of the Jatiya Sangsad.

Moreover, through Article 59 of the constitution thisact ensured the participation of the people'srepresentatives in local government bodies, thusstabilizing the base of democracy in the country.
http://banglapedia.search.com.bd/HT/P_0276.htmhttp://banglapedia.search.com.bd/HT/P_0276.htm


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Thir teenth Amendment Act

The Constitution (Thirteenth Amendment) Act 1996

was passed on 26 March 1996. It provided for a non-party caretaker governmentwhich, acting as antemporary government, would give all possible aidand assistance to the Election Commission for

holding the general election of members of the JatiyaSangsad peacefully, fairly and impartially. The non-

party caretaker government, comprising the ChiefAdviser and not more than 10 other advisers, would

be collectively responsible to the president and wouldstand dissolved on the date on which the primeminister entered upon his office after the constitutionof the new Sangsad. [Emajuddin Ahamed]
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FUNDAMENTAL PRINCIPLES

OF STATE POLICY


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Fundamental principles.

(1) The principles of absolute trust and faith in the

Almighty Allah, nationalism, democracy andsocialism meaning economic and social justice,together with the principles derived from them as setout in this Part, shall constitute the fundamental

principles of state policy.

(1A). Absolute trust and faith in the Almighty Allahshall be the basis of all actions.

(2) The principles set out in this Part shall be

fundamental to the governance of Bangladesh, shallbe applied by the State in the making of laws, shall bea guide to the interpretation of the Constitution and ofthe other laws of Bangladesh.


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Promotion of local Government institutions.

The State shall encourage local Government

institutions composed of representatives of the areasconcerned and in such institutions specialrepresentation shall be given, as far as possible, to

peasants, workers and women.

Participation of women in national life.Steps shall be taken to ensure participation of womenin all spheres of national life.

Democracy and human rights.

The Republic shall be a democracy in whichfundamental human rights and freedoms and respectfor the dignity and worth of the human person shall

be guaranteed at all levels.


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Provision of basic necessities.

It shall be a fundamental responsibility of the State toattain, through planned economic growth, a constantincrease of productive forces and a steadyimprovement in the material and cultural standard ofliving of the people, with a view to securing to itscitizens-

(a) the provision of the basic necessities of life,including food, clothing, shelter, education andmedical care;

(b) the right to work, that is the right to guaranteedemployment at a reasonable wage having regard tothe quantity and quality of work;

(c) the right to reasonable rest, recreation and leisure;and the right to social security.


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Free and compulsory education.

The State shall adopt effective measures for the

purpose of -

(a) establishing a uniform, mass-oriented and

universal system of education and extending free and

compulsory education to all children to such stage asmay be determined by law ;

(b) relating education to the needs of society and

producing properly trained and motivated

citizens to serve those needs; removing

illiteracy within such time as may determined by law.


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Equality of opportunity.

(1) The State shall try to ensure equality of

opportunity to all citizens.(2) The State shall adopt effective measures toremove social and economic inequality between

man and woman and to ensure the equitable

distribution of wealth among citizens, and ofopportunities in order to attain a uniform level ofeconomic development throughout the Republic.

Duties of citizens and of public servants.

(1) It is the duty of every citizen to observe theConstitution and the laws, to maintain discipline, to

perform public duties and to protect public property.

(2) Every person in the service of the Republic has aduty to strive at all times to serve the people.


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Separation of Judiciary from the executive.

The State shall ensure the separation of the judiciary

from the executive organs of the State.

National Culture.

The State shall adopt measures to conserve the

cultural traditions and heritage of the people, and soto foster and improve the national language, literature

and the arts that all sections of the people are afforded

the opportunity to contribute towards and to

participate in the enrichment of the national culture.


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Promotion of international peace, security andsolidarity.(1) The State shall base its international relations on the

principles of respect for national sovereignty and equality,non-interference in the internal affairs of other countries,

peaceful settlement of international disputes, and respect forinternational law and the principles enunciated in the United

Nations Charter, and on the basis of those principle shall-

(a) Strive for the renunciation of the use of force ininternational relations and for general and completedisarmament;

(b) uphold the right of every people freely to determine andbuild up its own social, economic and political system by ways

and means of its own free choice; and support oppressedpeoples throughout the world waging a just struggle againstimperialism, colonialism or racialism.

(2) The State shall endeavor to consolidate, preserve andstrengthen fraternal relations among Muslim countries basedon Islamic solidarity.

Documents

The Constitutions