1
Government of Bangladesh
Sakera Begum
Lecture, Department of Business
Administration
University of Creative Technlogy,
Chittagong (UCTC)
2 Outline
Introduction
What is a Constitution?
Types of Constitution
Fundamental Principles of state administration
The President
The prime Minister
The legislature of Bangladesh
The judiciary system of Bangladesh
Salient Features of Bangladesh Constitution
Concluding Remarks
Introduction
3
A modern state cannot be thought of without a
Constitution. The entire legislative, executive and
judicial functions of the State are guided and
regulated by the Constitution. The constitution
and its development, as the supreme legal
framework of a country, is a continuing process
so that the hopes and aspirations of its populace
can be accommodated along with socio-economic
changes.
4
Definitions
Aristotle: Constitution is the way of life the state
has chosen for itself.
Lord Bryce: Constitution is the aggregate of
laws and customs under which the life of the state
goes on.
C F Strong: Constitution is the collection of
principles according to which the powers of the
government, the rights of the governed and the
relation between the two are adjusted.
5 Definitions
A constitution is a body of fundamental rules, written or unwritten, which
determines the organization or structure of the government, distribute powers
and determines the relationship among the organs of the government.
6 What do Constitutions
Contain?
What we want to put into a constitution really
depends on what we consider fundamental and
sufficiently important issue. It may contain not
only purely legal rules but also a statement of
political faith, ideal and aspirations. Constitutions
vary greatly in length. For example, the American
Constitution, with 4400 words is the shortest one
in the world today, while the Indian Constitution ,
running into 395 articles and 12 Schedules is the
world’s longest.
7 Types of Constitution
Written & Unwritten
i. Written: The US Constitution, Indian Constitution, Bangladesh
Constitution provide examples of written Constitution.
ii. Unwritten: The British Constitution provides the glaring
example of unwritten Constitution.
Flexible & Rigid
i. Flexible :The Constitution which can be amended by ordinary
law making procedure. The Constitution of UK (unwritten) and
New Zealand (written) are flexible.
ii. Rigid: The Constitution which cannot be amended by ordinary
law making procedure but a special (like two-thirds majority)
procedure is needed, it is called a rigid Constitution. For example,
the US Constitution is a rigid one.
8 Fundamental principles of state
administration
Socialis Nationa
m lism
Secular Democr
ism acy
9
The president
The Head of the state of
Bangladesh is the president. He is
formal or titular head.
Functions:
Executive
Financial Function
Legislative
Judicial
10
The Prime Minister
The president appoints the leader
of the majority party the Prime
Minister. The prime minister is
the center of administration.
Power of Prime Minister:
Executive power
Legislative power
Financial power
Leadership Power
Constitutional Journey
Amendments Date Summary of Substance
1st Amendment 15th July 1973 To make the way for prosecution of
genocide, crime against humanity and
war crimes committed in the liberation
war of 1971.
2nd 22nd Sepember1973 Inclusion of emergency provision,
Amendment suspension of fundamental rights and
preventive detention.
3rd 28th November 1974 To give effect to the boundary-line
Amendment between Bangladesh and India.
4th 25th January 1975 One party dictatorial system was
Amendment substituted for a responsible
parliamentary system.
11
Constitutional Journey
Amendments Date Summary of Substance
5th 6th April 1979 Legalizing all the actions
Amendment taken by the first Military
Authority.
6th 10th July 1981 To make way for the Vice-
Amendment President to be candidate in
presidential election.
7th 10th Novemember1986 Legalizing all acts done by the
Amendment second Military Authority
8th 9th June 1988 Setting up six permanent
Amendment Benches of the High Court
Division and making Islam the
state religion.
12
Constitutional Journey
Amendments Date Summary of Substance
9th 11th July 1989 Direct election of the President and
Amendment Vice-President simultaneously
10th 23rd June 1990 Period for reservation of 30 women
Amendment members seats in the Parliament was
extended for 10 years.
11th 10th August 1991 Legalizing the appointment of Justice
Amendment Shahabuddin Ahamed Chief Justice of
Bangladesh, as Vice President of
Bangladesh and his all activities as the
Acting President and then the return to
his previous position of the Chief
Justice of Bangladesh.
13
Constitutional Journey
Amendments Date Summary of Substance
12th 18th September 1991 Reintroducing the Parliamentary system
Amendment
13th 28th March 1996 Provision for Care-taker Government.
Amendment
14th 16th May 2004 Re-introducing reserve seats for women
Amendment in Bangladesh.
Verdict of the Full text Published in Constitution (Fifth Amendment ) Act
Appellate the Daily Star on 1979, is not a law. Appellate Division
Division July 29 2010. accepted HCD’s verdict with some
modifications.
14
Salient Features of Bangladesh
15
Constitution
Original Constitution of Bangladesh was adopted and enacted on November
4, 1972 and came into effect on December 16,1972. The salient features of
Bangladesh Constitution as exists today are as follows:
16 Salient Features
1.Written Constitution. The Constitution of the
People’s Republic of Bangladesh is a written
document. It contains Articles from 1 to 153,a
Preamble and 3 schedules.
2.Rigid Constitution. No provision of it can be
amended by ordinary law making procedure;
amendment can be passed only by votes of not
less than two-thirds of the total number of MPs.
17 Salient Features
3.Preamble: The Constitution of Bangladesh starts
with a preamble which is described as the guiding
star of the Constitution. This very preamble
contains the legal as well as moral basis of the
Constitution; it also identifies the objectives and
aims of the State. The preamble is a part of our
Constitution and cannot be amended without a
referendum.
18 Salient Features
4. Supremacy of the Constitution. Supremacy of
the Constitution means that its mandates shall
prevail under all circumstances. As it is the source
of legitimacy of all actions, legislative, executive
or judicial, no action shall be valid unless it
conforms with the Constitution both in letter and
spirit. The supremacy of the Constitution
articulated in Article 7(2) -- “This Constitution is,
as the solemn expression of the will of the people,
the supreme law of the Republic” is the
cornerstone of the Constitution of Bangladesh.
19 Salient Features
5.Unitary System of Government: Article1of the
Constitution provides that Bangladesh is a unitary people's
republic as opposed to federal republic. No division of
power has been provided for in he Constitution unlike in
federal constitutions. All the legislative, executive and
judicial power are vested in a single set of authorities.
6. Unicameral Legislature: Article 65 of the
Constitution provides a unitary, one-house Parliament
vested with all the legislative powers of the Republic.
There is no other co-ordinate or territorial law-making
body. Laws made by the Parliament are equally applicable
to the whole territory of Bangladesh.
20 Salient Features
7. Fundamental Principles of State Policy. Part
II (Art.8-25) of the Constitution contains a list of
‘Fundamental Principles of State Policy'. Article 8
provides for 4 fundamental principles of state
policy. Observance of these principles is deemed
essential for the welfare of the people.
8.Fundamental Rights: Part III (Art.26-47A) of
the Constitution provides for 18 fundamental
rights. The enjoyment and enforcement of these
rights have been guaranteed in the Constitution.
21 Salient Features
9.Parliamentary Form of Government:
Constitution provides for a parliamentary form of
government. The executive authority of the
Republic is vested in the Prime Minister. Only that
party forms the Cabinet which has a majority in
the Parliament. It continues in office so long as it
continues to enjoy the confidence of majority
members of the Parliament. The President is only
the constitutional head of the state and does not
possess much power to affect the working of the
Cabinet.
22 Salient Features
10.Independence of Judiciary: The Constitution
devised a scheme of independence of judiciary
11. State Religion: Article 2A says that the State
religion of the Republic is Islam, but other religions may
be practiced in peace and harmony in the Republic. In
the Constitution of Ireland, Sweden, Norway, Denmark,
Switzerland and Brazil, we find acknowledgement of
Christianity and Jesus.
23 Salient Features
13.Emergency Provisions: Emergency provisions
have been provided in its Part IXA which enable the
executive to meet any emergency situation. The truth is
that there was no Article or provisions for emergency in
the constitution as originally enacted in 1972.
14.Provision for Preventive Detention: The
provision for preventive detention has been embodied in
its Article 33. Exigent to mention here that preventive
detention is , by nature, repugnant to democratic ideas, and
no such laws exist in the USA or UK in times of peace.
15.Law-making Power of the President :Article
93 empowers the President to legislate by ordinances.
24 Criticisms
Bangladesh Constitution was framed by the
members of Constituent Assembly who were
elected to the then East Pakistan Provincial
Assembly and Pakistan National Assembly and
never put to the vote of the people and was not
approved by them.
In the context of extra-constitutional activities,
critics hold the opinion that a provision
prohibiting suspension of the Constitution at
any situation should have in Article 7 of the
Constitution.
25 Criticisms
The fundamental principles of state policy as
contained in Part II of the Constitution confer no
legal right and create no legal remedies. These
high sounding but empty promises can have no
appeal to any sensible person.
The list of ‘Fundamental Rights’ included in Part
III of the Constitution is far from complete. It
does not contain right to work, right to leisure,
right to free education etc.
26 Criticisms
Constitution have played a trick with the
citizens.What it gives with one hand, it takes away
with the other. Too many restrictions and exceptions
have rendered the fundamental rights sound hollow
and it is difficult to understand what actually it left
with the people by way of fundamental right.
If countries like USA and UK can live without
Ordinance,there is no reason why it cannot be done
in Bangladesh.
27 Criticisms
Article 106 of the Constitution has turned the highest Court of the country
into a consultative department of the Government of the day.
Emergency provisions as contained in Part IXA of the Constitution may lead
to tyranny where there is always a scope to suppress political opposition inside
the country.
28 Criticisms
Territorial constituents as envisaged by Article
65 as not reflecting the aspirations,hopes, needs
and demands of different classes, professions,
occupations and interest groups. Sirajul Alam
Khan and Zillur Rahman Khan proposed for a
unicameral Parliament consisting of 500 seats. Of
the total seats, 300 representatives shall represent
territorial constituencies and 200 shall be elected
from different classes.
29 Concluding Remarks
The constitutional journey was not very smooth.
Extra-constitutional forces were allowed to
trample constitutional provisions.We can expect
effective continuance of the Constitution if the
citizens are knowledgeable about the Constitution
and at the same time they are vigilant and vocal to
preserve the Constitution.
30 Concluding Remarks
What Dr. B. R. Ambedkar, the chief architect of
the Constitution of India(1950) said is of prime
importance. However good a Constitution may be,
it is sure to turn out bad because those who are
called to work it happen to be a bad lot. However
bad a Constitution may be, it may turn out to be
good if those who are called to work it happen to
be a good lot
31 Concluding Remarks
We should not leave the Constitution in the hands of lawyers, Judges and
academicians. It becomes almost impossible to make an open breach the
Constitution when each citizen is a defender of it. Being enlightened citizens,
we cannot remain apathetic to constitutional matters.
32 References
Islam, Mahmudul, 2008. Constitutional Law of
Bangladesh, 2nd Edition, Dhaka: Mullic Brothers.
Choudhury Dilara,1995. Constitutional Development
in Bangladesh: Stresses and Strains. Dhaka:
University Press Limited.
