Constitution of Bangladesh

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Bangladesh

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The constitution of Bangladesh is the supreme law in Bangladesh.

History

Following the Bangladesh Liberation War of 1971, Bangladesh became independent on December 16, 1971. After the independence, the first constituent assembly was formed by the lawmakers from Awami League who were previously elected in East Pakistan provincial assembly in the Pakistani election of 1970. The constitution of Bangladesh was adopted by the Constituent Assembly on 4 November 1972. It came into effect from 16 December 1972, on the first anniversary of the victory day. Suspended following coup of 24 March 1982, restored 10 November 1986.

Organs of the State

As per the constitution of the republic it comprises three basic organs:

1. Legislative Branch
2. Executive Branch
3. Judicial Branch

Articles

The constitution of Bangladesh is divided into 11 parts, which are further subdivided into 153 articles. In addition, there are 4 schedules.

Part I: The Republic

This section defines the nature of the country, its state religion and other national issues. According to it, Peoples Republic of Bangladesh is a unitary republic consisting of the territories of the former East Pakistan and also included territories (some enclaves exchanged with India). The state religion is Islam, but all other religions can be practised in peace and harmony. The state language is Bangla and the national anthem is the first ten line of the song Amar Sonar Bangla written by Rabindranath Tagore. The national flag is a red circle on a green background. The national emblem is the national flower Shapla (nympoea-nouchali) resting on water, having on each side and ear of paddy and being surmounted by three connected leaves of jute with two stars on each side of the leaves. This section also mandates that the portrait of prime minister must be displayed in all government, semi-government and autonomous offices. The capital of the country is Dhaka. The citizens are to be known as Bangladeshis.

Finally Part I asserts that all power belong to the people and the constitution, being the supreme law of the country, will supersede any other laws and regulations.

Part II: Fundamental principles of state policy

This part describes the fundamental principles. The original 1972 constitution had 4 basic principles: Secularity, Nationalism, Democracy and Socialism (meaning economic and social justice for all). However, later amendments replaced Secularity with "Absolute trust and faith in the Almighty Allah shall be the basis of all actions."^[1]

Part II's article 9, 10, and 11 declares the rights of the people. Article 9 provides guidelines for quotas for the underrepresented communities, women, and peasants. Article 10 states the equal rights of women. Article 11 states that Bangladesh would be a democracy, with guaranteed human rights. Article 13, 14, 15, and 16 deal with principal of ownership, emancipation of workers and peasants, provision of basic necessities, and rural development. Article 17 states that the basic education will be free and compulsory for all children. The remaining articles (18-25) provide various guarantees for public health and morality, equality of opportunity, work as a right and duty, duties of citizens and of public servants, separation of Judiciary from the executive, national culture, national monuments, and promotion of international peace, security and solidarity, respectively.

Part III: Fundamental rights

Laws inconsistent with fundamental rights to be void

As per Constitution, Part III:

1. Laws inconsistent with fundamental rights to be void.
2. Equality before law.
3. Discrimination on grounds of religion, etc.
4. Equality of opportunity in public employment.
5. Prohibition of foreign titles, etc. (No citizen shall, without the prior approval of the President, accept any title, honour, award or decoration from any foreign state.)
6. Right to protection of law.
7. Protection of right to life and personal liberty.
8. Safeguards as to arrest and detention.
9. Prohibition of forced labour.
10. Protection in respect of trial and punishment.
11. Freedom of movement.
12. Freedom of assembly.
13. Freedom of association.
14. Freedom of thought and conscience, and of speech.
15. Freedom of profession or occupation.
16. Freedom of religion.
17. Rights to property.
18. Protection of home and correspondence.
19. Enforcement of fundamental rights.
20. Modification of rights in respect of disciplinary.
21. Power to provide indemnity.
22. Saving for certain laws.
23. Inapplicability of certain articles.

Equality before law

This part states that all Bangladeshi citizens regardless of race, religion etc. are equal in before the judiciary system of Bangladesh.

Fundamental Foreign Policy

• 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 settlements of international disputes, and respect for international law and the principles enunciated in the United Nations Charter, and on the basis of those principles shall:
  • Strive for the renunciation of the use of force in international relations and for general and complete disarmament,
  • Uphold the right of every people freely to determine and build up its own social, economic and political system by ways and means of its own free choice, and
  • Support oppressed peoples throughout the world waging a just struggle against imperialism colonialism or racialism.
• The State shall endeavor to consolidate, preserve and strengthen fraternal relations among Muslim countries based on Islamic solidarity.

See also

• Bangladesh

References

1. ^ "Constitution of Bangladesh: Part II: Fundamental Principles of State Policy". Chief Adviser's Office. Prime Minister's Office. Government of the People's Republic of Bangladesh. http://www.pmo.gov.bd/pmolib/constitution/part2.htm#P2. 

External links

• To see the Full text of the constitution