Constitutional Law at Bangladesh
Constitutional Law of Bangladesh is governed by the Constitution of the People's Republic of Bangladesh, which is the supreme law of the country. Adopted on December 16, 1972, it outlines the structure of government, the distribution of powers, and the fundamental rights and duties of citizens. The Constitution was enacted shortly after the country gained independence from Pakistan in 1971 following the Bangladesh Liberation War. The Constitution is considered one of the most important documents in Bangladesh's political and legal system, establishing a framework for governance, protecting human rights, and ensuring the rule of law.
1. The Constitution of Bangladesh (1972):
The Constitution of Bangladesh provides the legal foundation for the governance of the country and is designed to establish democratic institutions, promote justice, and protect the rights of citizens. It has been amended multiple times since its adoption, but its core principles remain intact.
Date of Adoption: The Constitution was adopted on December 16, 1972, and came into effect on December 16, 1972.
Preamble: The Constitution begins with a Preamble that expresses the aspirations of the people of Bangladesh. It highlights the values of justice, liberty, equality, and fraternity, and establishes the country as a democratic republic based on the rule of law.
2. Key Principles of the Constitution:
Sovereignty of the People: The Constitution is founded on the principle of popular sovereignty, where the ultimate authority rests with the people. This means that the government derives its legitimacy from the consent of the governed.
Democracy: Bangladesh is a parliamentary democracy where the people's will is exercised through elections and representative institutions. Regular elections are held to choose representatives to the Jatiyo Sangsad (National Parliament).
Rule of Law: The Constitution emphasizes the rule of law, where no one is above the law, and the judiciary ensures that laws are applied equally to all.
Secularism: Bangladesh is a secular state, meaning that there is no official religion, and the state ensures equal treatment of all religions. However, Islam is the state religion.
Socialism: The Constitution envisions socialist principles, including the aim of reducing inequality in wealth, ensuring equitable distribution of resources, and promoting social justice.
Nationalism: The Constitution promotes Bangladeshi nationalism, rooted in the country's struggle for independence and national sovereignty.
3. The Structure of Government:
The Constitution establishes a unitary state with a separation of powers between the Executive, Legislature, and Judiciary.
The Executive:
The head of state is the President of Bangladesh, who is elected by the Jatiyo Sangsad (National Parliament) for a five-year term. The President holds a largely ceremonial role, though they have certain important powers, such as appointing the Prime Minister and other officials, granting pardons, and serving as the commander-in-chief of the armed forces.
The Prime Minister is the head of government and holds executive authority. The Prime Minister is appointed by the President and is usually the leader of the largest party in the Jatiyo Sangsad.
The Cabinet or Council of Ministers consists of the Prime Minister and other ministers, who are responsible for the administration of various government departments and policymaking.
The Legislature:
The Jatiyo Sangsad (National Parliament) is the highest legislative body in Bangladesh. It is unicameral and consists of 300 members. Of these, 50 seats are reserved for women, who are elected indirectly by the other members of the parliament. The remaining 250 members are directly elected by the people in general elections held every five years.
The Jatiyo Sangsad is responsible for making laws, approving the national budget, and overseeing the actions of the Executive branch.
The Judiciary:
The judiciary is independent and ensures that laws are applied fairly and impartially. The highest court in the country is the Supreme Court of Bangladesh, which consists of the Appellate Division and the High Court Division.
The Chief Justice is the head of the Supreme Court. The judiciary has the power of judicial review, which means that it can declare laws and executive actions unconstitutional if they violate the Constitution.
The lower courts in Bangladesh include district courts, magistrate courts, and special tribunals.
4. Fundamental Rights:
The Constitution guarantees several fundamental rights for the citizens of Bangladesh. These rights are enshrined in Part III of the Constitution and cannot be amended or violated except in very specific circumstances.
Right to Equality: All citizens are equal before the law, and there is a prohibition on discrimination based on religion, race, caste, sex, or place of birth.
Right to Freedom: Citizens are guaranteed freedom of speech, assembly, association, and movement. The Constitution protects the freedom of religion and the right to participate in peaceful demonstrations.
Right to Protection from Arbitrary Detention: No one can be arrested or detained arbitrarily or without due process.
Right to Property: Citizens are protected from unjust deprivation of property. However, the state has the authority to expropriate property for public purposes, subject to compensation.
Right to Protection from Torture and Inhumane Treatment: The Constitution prohibits torture, inhumane treatment, or punishment.
Right to Education and Health: The state is obligated to provide free primary education, promote the welfare of children, and provide health services to the people.
These rights are not absolute, and they can be limited in the interests of public safety, national security, or public health.
5. Political System and Elections:
Bangladesh operates under a parliamentary democracy, where citizens elect representatives to the Jatiyo Sangsad. The Prime Minister is typically the leader of the majority party in the parliament, and they form the government.
General Elections: General elections are held every five years, where members of the Jatiyo Sangsad are elected through a first-past-the-post electoral system.
The Electoral Commission: The Election Commission is an independent body responsible for overseeing the electoral process, ensuring that elections are free, fair, and transparent.
Political Parties: The major political parties in Bangladesh include the Awami League and the Bangladesh Nationalist Party (BNP). These parties dominate the political landscape, but there are also smaller parties and independent candidates.
6. Amendment of the Constitution:
The Constitution of Bangladesh can be amended by the Jatiyo Sangsad. However, there are certain provisions that cannot be amended without a national referendum. Specifically, amendments affecting the fundamental rights of citizens or changes to the secular nature of the state require a higher level of scrutiny.
Article 142 outlines the process for amending the Constitution. A constitutional amendment requires a two-thirds majority of the members of the Jatiyo Sangsad.
Some provisions of the Constitution are considered to be “eternity clauses”, meaning they cannot be amended, such as those related to Bangladesh's independence and the democratic nature of the state.
7. Emergency Provisions:
The Constitution provides for the declaration of a state of emergency in times of national crisis, such as war, rebellion, or natural disaster. During an emergency, certain fundamental rights can be suspended, and the government may exercise more control over the country.
Article 141A allows the President to declare a state of emergency, subject to the approval of the Jatiyo Sangsad.
8. Secularism and Religion:
While Islam is the state religion of Bangladesh, the Constitution guarantees the freedom of religion to all citizens. This reflects Bangladesh’s commitment to being a secular state that ensures equal treatment of all religions. The Constitution prohibits the establishment of any state religion and guarantees religious freedom and protection of minority rights.
9. Local Government:
Bangladesh has a decentralized local government system, which is provided for in the Constitution. Local government bodies, such as municipalities and union councils, play an important role in governance at the grassroots level.
The Constitution allows for the creation of local government institutions with powers delegated by the central government. These institutions are responsible for addressing local issues such as education, health care, and infrastructure.
10. Constitutional Challenges and Criticisms:
Despite being a comprehensive legal framework, the Constitution of Bangladesh faces several challenges and criticisms:
Political Instability: Bangladesh has experienced political instability, with frequent changes in government, corruption, and violence. This has sometimes led to concerns about the democratic process and the rule of law.
Human Rights Concerns: There have been concerns regarding the protection of human rights, including the right to free expression and the right to a fair trial. Journalists and opposition figures have faced harassment, and the judiciary is sometimes seen as being politically influenced.
Electoral Integrity: Issues related to election fairness, such as vote rigging and voter intimidation, have raised questions about the integrity of the electoral process.
In Summary:
The **Constitution of Bangladesh
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