What are the characteristics of Bangladesh constitution?

Answer 1

Feature of Bangladeshi Constitution

Written Constitution: The Constitution of the people Republic of Bangladesh is

written document. It was formally adopted by the Constitution Assembly on a

specific day 4th Nov. 1972. It contains 153 articles, 1 preamble & 4 schedules.

Rigid Constitution: The Constitution of Bangladesh is a rigid. An amended can be

passed only by votes of two-thirds members in the total members of parliament.

Preamble: The constitution of Bangladesh starts with a preamble which is describedas the guiding star of the Constitution. This Preamble contains the legal as well as moral basis of the Constitution. It also identifies the objectives and aims ofthe state.

Supremacy of the Constitution: The Constitution Supremacy has been ensured in the

Constitution of Bangladesh.

Article (7) provides that, this constitution is as the solemn expression of the

will of the people, the supreme law of the Republic, and if any other law is

inconsistence with this Constitution that other law shell, to the extent of the

inconsistency, be void.

Unitary Government System: Article (1) of the Constitution provides that

Bangladesh is a unitary people's republic. Unitary government means all power

centralized under the constitution.

Unicameral Legislature: Article (65) of the Constitution provides Unicameral Legislature for Bangladesh. It is only one house, which known as "House of theNation".

Fundamental Principle of State Policy:Article (8) of the Constitution provides

for four major fundamental principle of state policy.

a) Nationalism.

b) Democracy.

c) Socialism.

d) Secularism

Fundamental Right: Part 3 of the Constitution provides for 18 fundamental rights.

The enjoyment and enforcement of those rights have been guaranteed in the

Constitution. No authority can make any law which is inconsistent with the

provisions of fundamental right and if any law made shell be void to the extent of

inconsistency.

Parliamentary form of Government: The Constitution of Bangladesh provides for a Westminster type of parliamentary system. This form of government means that thegovernment is run by cabinet of Ministers headed by the Prime Minister. President becomes a titular head but real executive power is exercised by the cabinet.

Independence of Judiciary: The Constitution of 1972 ensured the independence of

Judiciary.

Firstly, Provision was made that the Chief Justice would be appointed by the

President and other justice of the Supreme Court appointed after consultation with

the Chief Justice. Appointment of subordinate judges and magistrates was also to

be exercised with consultation of the Supreme Court.

Secondly, a judge could not be removed form his office expect by an order of the

President passed to a resolution of parliament supported by a two-third members of

the parliament. Again, the security of tenure of the subordinate judge was vested

in the Supreme Court

Thirdly, the control (including the power of posting, promotion and grant of

leave) and discipline of person employed in the judicial service and magistrates

was vested in the Supreme Court.

Ombudsman: Provisions for the establishment of an Ombudsman were inserted in

Article (77). To provide machinery to overview the activities of civil

bureaucracy, to eradicate corruption in the administration and ensure the

responsibility of the government in more specific way the role of an Ombudsman

like a citizen defender.

Responsible Government was not ensured: The Constitution of Bangladesh provides

for a Westminster type of parliamentary government, it could not ensure the

conditions of responsible government.

The constitution of Bangladesh has no provision for ensuring the individual

responsibility of minister.

Article 55(3) provides that the cabinet shall be collectively responsible to the

parliament; this responsibility cannot be ensured in practice due to the barricade

created by the Article 70 of the Constitution