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Constitution

(Bangladesh Studies)

Assignment

Submitted By:

MAHBOOB-AL-RASHID
BBA 1st Batch
Management Studies
Jagannath University
Q: FUNDAMENTAL PRINCIPLES OF STATE POLICY

Answer:
The Constitution of Bangladesh has formed the basis for the nation's political
organization since it was adopted on November 4, 1972. Many abrupt (/unexpected)
political changes have caused suspension of the Constitution. Its have led to
amendments in almost every section, including the total revision of some major
provisions. It is notable, however, that every regime (/government) that came to
power since 1972 (changes in terms of the Constitution) by legally amending this
basic document.
Article No. Particulars
08. Fundamental principles
09. Promotion of local Government institutions
10. Participation of women in national life
11. Democracy and human rights
12. [Omitted]
13. Principles of ownership
14. Emancipation of peasants and workers
15. Provision of basic necessities
16. Rural development and agricultural revolution
17. Free and compulsory education
18. Public health and morality
19. Equality of opportunity
20. Work as a right and duty
21. Duties of citizens and of public servants
22. Separation of Judiciary from the executive
23. National culture
24. National monuments, etc.
25. Promotion of international peace, security and solidarity
Fundamental principles: [Article No. 08]
» The 1972 Constitution had four basic principles- Nationalism (Bangalee),
Democracy, Socialism and Secularism.
» After the amendments the fundamentals of principles are- The principles of
absolute trust and faith in the Almighty Allah, nationalism, democracy and socialism
meaning economic and social justice
(1A) Absolute trust and faith in the Almighty Allah shall be the basis
of all actions.]
(2) The principles set out in this Part shall be fundamental to the
governance of Bangladesh

Promotion of local Government institutions: [Article No. 09]


» The State shall encourage local Government institutions
» Representatives of the areas concerned and in such institutions shall be
given to peasants, workers and women.
Participation of women in national life: [Article No. 10]
» Steps shall be taken to ensure participation of women in all spheres of
national life.

Democracy and human rights: [Article No. 11]


» The republic shall be guaranteed the fundamental human rights and
freedoms and respect for the dignity and worth of the human.
» Through people ensures the representatives in administration at all level.

Principles of ownership: [Article No. 13]


» The people shall own or control the instruments and production and
distribution.
» Forms of ownership will as like-
(a) State ownership (on behalf of people)
(b) Co-operative ownership (by prescribe law)
(c) Private ownership (ownership is limited by
prescribed law)

Emancipation (liberation) of peasants (farmers) and workers: [Article No. 14]


» Emancipation from all form of exploitation e.g. peasants (farmers), workers
and backward sections of people.
Provision of basic necessities: [Article No. 15]
» Fundamental responsibility of the State to ensures increase of productive
forces, and improvement in the material and cultural standard of living though
planned economic growth.
» Also ensures-
(a) the basic necessities of life, including food, clothing,
shelter, education and medical care
(b) the right to work
(c) he right to reasonable rest, recreation and leisure
(d) the right to social security
Rural development and agricultural revolution: [Article No. 16]

» The State shall adopt effective measures to remove the disparity in the
standards of living between the urban and the rural areas.
Free and compulsory education: [Article No. 17]
» The State shall adopt effective measures for-
(a) Ensures Free and compulsory education and establishing a
uniform, mass-oriented and universal system of education.
(b) Relating education to the needs of society and producing
properly trained and motivated citizens.
(c) Removing illiteracy within a time frame of law.
Public health and morality: [Article No. 18]
» Rising of the level of nutrition and Pi the improvement of public health is
the primary duties of the states.

Public health and morality: [Article No. 19]


» The State shall Endeavour to ensure equality of opportunity to all citizens.
» The State shall adopt effective measures to remove social and economic
inequality between man and man distribution of wealth.

Work as a right and duty: [Article No. 20]


» Every one shall pay his job on the basis of the principle “"from each
according to his abilities, to each according to his work".

Duties of citizens and of public servants: [Article No. 21]


» It is the duty of every citizen to observe the Constitution and Duties to the
laws, to maintain discipline, and to protect public property.

» Every person in the service of the Republic has a duty to strive at all times to
serve the people.

Separation of Judiciary from the executive: [Article No. 22]


» The State shall ensure the separation of the judiciary from the separation
executive organs of the State.

National culture: [Article No. 23]


» The Slate shall adopt measures to conserve the cultural traditions and
language, literature and the arts that all sections of the people.

National monuments, etc.: [Article No. 24]


» The State shall adopt measures for the protection against disfigurement,
damage or removal of all monuments.

Promotion of international peace, security and solidarity: [Article No. 25]


» 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.

The Constitution is patterned closely on the British and United States models
inasmuch as it includes provisions for independent legislative, executive, and judicial
branches of government. When it first
OVERVIEW OF came into effect, theRIGHTS
FUNDAMENTAL Constitution established a
British style.
26. Laws inconsistent with fundamental rights to be void
27. Equality before law
28. Discrimination on grounds of religion, etc.
29. Equality of opportunity in publicMahboob-Al-Rashid
employment (Sujan)
30. Prohibition of foreign titles, etc.BBA 1st Batch
31. Right to protection of law Roll: 05122335
32. Protection of right to life and personal liberty
Department of Management Studies
33. Safeguards as to arrest and detention
34. Prohibition of forced labour
35. Protection in respect of trial and punishment
Q: FUNDAMENTAL RIGHTS OF CITIZENS
36. Freedom of movement
37. Freedom of assembly
Answer: 38. Freedom of association
39. Freedom of thought and conscience, and of speech
40. Freedom of profession or occupation
41. Freedom of religion
42. Rights to property
43. Protection of home and correspondence
44. Enforcement of fundamental rights
45. Modification of rights in respect of disciplinary law
46. Power to provide indemnity
47. Saving for certain laws
47A. Inapplicability of certain articles
Laws inconsistent with fundamental rights to be void:
» All kinds of inconsistency provitions are voided under this part.
Equality before law 28. Discrimination on grounds of religion, etc.:
» All citizens are equal and are entitled to equal protection of law.
Discrimination on grounds of religion, etc.:
» The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or
place of birth.

» Women shall have equal rights with men in all spheres of the State and of public life.

» Nothing in this article shall prevent the State from making special provision in favour of women or
children or for the advancement of any backward section of citizens.

Equality of opportunity in public employment: [Article 29]


» Equality of opportunity for all citizens in respect of employment or office in the service of the
Republic.

» No citizen shall, on grounds only of religion, race, caste, sex or place of birth, be ineligible for any
employment or office in the service of the Republic.

Prohibition of foreign titles, etc.:[30]


Amendment of this article.
Right to protection of law: [31]

» To enjoy the protection of the law.

» No action detrimental to the life, liberty, body, reputation or property of any person shall be taken
except in accordance with law.

Protection of right to life and personal liberty: [32]

» No person shall be deprived of life or personal liberty save in


Accordance with law.

Safeguards as to arrest and detention: [33]


» No person who is arrested shall be detained in custody without being informed
the causes.

» He has denied the right to consult and be defended by a legal adviser of his choice.
» Every person who is arrested and detained in custody shall be produced before
the nearest magistrate within a period of twenty-four hours of such arrest.

Prohibition of forced labour: [34]


» All forms of forced labour are prohibited.
» Any contravention of this provision shall be an offence punishable.
Protection in respect of trial and punishment:[35]
» No person shall be prosecuted and punished for the same offence more than once.
» Every person Charged of a criminal offence shall have the right to a speedy.
» No person accused/ charged enforcedly witness against himself.
» No person shall be subjected to torture or to cruel, inhuman or degrading punishment or treatment.
Freedom of movement: [36]
» Every citizen shall have the right to move freely throughout Bangladesh, to reside
and settle in any place

» But any reasonable restrictions imposed by law.


Freedom of movement: [37]
» Every citizen shall have the right to assemble and to participate in public
meetings and processions peacefully and without arms.

Freedom of association: [38]


» Every citizen shall have the right to form associations or unions.
Freedom of thought and conscience, and of speech:[39]
» Freedom of thought and conscience is guaranteed.
(a) the right of every citizen to freedom of speech and expression

(b) freedom of the press.

Freedom of profession or occupation: [40]


» Any restrictions imposed by law.
» It may be prescribed by law in relation to his profession, occupation, trade or
business.
Freedom of religion:[41]
» Subject to law, public order and morality-
(a) every citizen has the right to profess, practise or propagate any
religion
(b)Every religious community or denomination has the right to
establish, maintain and manage its religious institutions.
Rights to property: [42]
» Subject to any restrictions imposed by law, every citizen shall have the right
to acquire, hold, transfer or otherwise dispose of property.
Protection of home and correspondence: [43]
» Restrictions imposed by law in the interests of the security of the State
- to be secured in his home against entry, search and seizure
- right to maintain privacy.
Enforcement of fundamental rights: [44]
» The right to move the 2[High Court Division] in accordance with 3[clause
(1)] of article 102
Modification of rights in respect of disciplinary law: [45]
» Nothing in this Part shall apply to any provision of a disciplinary law
Power to provide indemnity: [46]
» Parliament may by law make provision for indemnifying any person in the
service of the Republic
-national liberation struggle or
-the maintenance or restoration or
-order in any area in Bangladesh.
Saving for certain laws: [47]
» No law providing for any of the following matters-

(a) the compulsory acquisition, nationalization or requisition of any


property, or the control of management temporarily or permanently

(b)the compulsory amalgamation of bodies commercial or other


undertakings
(c) the extinction, modification, restriction or regulation of rights to
search for or win minerals or mineral oil

Inapplicability of certain articles: [47A]


» Amendment of this article.

Mahboob-Al-Rashid (Sujan)
BBA 1st Batch
Roll: 05122335
Department of Management Studies

Q: Amendment of Constitution of Bangladesh

Answer:
There have been ongoing controversies and debates on some aspects of the
current Bangladesh Constitution. No specific and written proposal has yet been
published by the government. Government change constitution as the demand of time.
The purpose of discussion on amendment is to enlighten the general public to
Constitutional issues and stimulate constructive debates on a very serious national
issue.
The Amendments made to Bangladesh Constitution since its adoption after in 1972.
The Fourteen Amendments made so far are as follows.

First Amendment:

» In 1973, the Constitution (First Amendment) Act 1973 was passed inserting
sub-art (3) in Article 47.

» Whereby any law providing for the detention and trial of war criminals was
kept out.

» The purview of the provision of Part III relating to fundamental rights.

Second Amendment:

» The original Constitution did not have any provision for proclamation of
state of emergency and preventive detention.

» By the Constitution (Second Amendment) Act 1973, Article 33 was


amended providing for preventive detention and Part IXA.

Third Amendment:

» The Constitution (Third Amendment) Act 1974 was passed to give effect to
the agreement with India giving up the claim in respect of Berubari and retaining
Dahagram and Angorpota.

Fourth Amendment:

» The Constitution (Fourth Amendment) Act 1975 made major changes into
the Constitution.

» The presidential form of government was introduced in place of the


parliamentary system.

» A one-party system in place of a multi-party system was introduced.

» The powers of the Parliament were curtailed; the Judiciary lost much of its
independence.
» The Supreme Court was deprived of its jurisdiction over the protection and
enforcement of fundamental rights.

» This Act amended Articles 11, 66, 67, 72, 74, 76, 80, 88, 95, 98, 109, 116,
117, 119, 122, 123, 141A, 147 and 148 of the Constitution.

Fifth Amendment:

» The Constitution (Fifth Amendment) Act was passed by the Jatiya Sangsad
on 6 April 1979.

» This Act amended the Fourth Schedule to the Constitution by adding a new
Paragraph 18 in the Constitution during the period between 15 August 1975 and 9
April 1979 (both days inclusive).

» The expression Bismillah ar-Rahman ar-Rahim was added before the


Preamble of the Constitution.

» Fundamental principles of state policy were made as absolute trust and faith
in the Almighty Allah, nationalism, democracy and socialism meaning economic and
social justice.

Sixth Amendment:

» The Constitution (Sixth Amendment) 1981 was passed.

» Providing, inter alia, that if the Vice President is elected as President, he


shall be deemed to have vacated his office on the date on which he enters upon the
office of President.

Seventh Amendment:

» The Constitution (Seventh Amendment) Act 1986 was passed ratifying all
the Proclamations and Proclamation Orders.

» By the same Act the retiring age of the Judges of the Supreme Court was
fixed at 65 in place of 62.

Eighth Amendment:

» The Constitution (Eighth Amendment) Act 1988 was passed amending


Article 100 of the Constitution.
» Setting up six permanent Benches of the High Court Division outside the
capital and authorizing the President to fix by notification the territorial jurisdiction of
the permanent Benches.

» By the same Act, Islam was made the state religion of Bangladesh.

» This Act also amended (i) the word 'Bengali' into 'Bangla' and 'Dacca' into
'Dhaka' in Article 5 of the Constitution, (ii) acceptance of any title, honours, award or
decoration from any foreign state by any citizen of Bangladesh without the prior
approval of the President.

Ninth Amendment:

» The Constitution (Ninth Amendment) Act 1989 was passed in July 1989.

» This amendment provided for the direct election of the Vice-President

» It also provided that a Vice-President might be appointed in case of a


vacancy, but the appointment must be approved by the Jatiya Sangsad.

Tenth Amendment:

» The Constitution (Tenth Amendment) Act 1990 amendedArticle 65 of the


Constitution

» Reservation of thirty seats for the next 10 years in the Jatiya Sangsad
exclusively for women members, to be elected by the members of the Sangsad.

Eleventh Amendment:

» The Constitution (Eleventh Amendment) Act 1991 ratified all actions taken
by the caretaker government headed by Justice Shahabiuddin Ahmed.

» It also ratified the appointment of Chief Justice Shahabuddin Ahmed as the


Vice President who later became Acting President upon Ershads resignation.

Twelfth Amendment:

» The Constitution (Twelfth Amendment) Act 1991 re-introduced the


parliamentary form of government
» The President became the constitutional Head of the State

» The Prime Minister became the executive Head;

» The cabinet headed by the Prime Minister became responsible to the Jatiya
Sangsad and the post of the Vice-President was abolished

» The President was required to be elected by the members of the Jatiya


Sangsad.

Thirteenth Amendment:

» The Constitution (Thirteenth Amendment) Act 1996 provided for a non-


party Caretaker Government.

» Giving all possible aid and assistance to the Election Commission for
holding the general election of members of the Jatiya Sangsad peacefully, fairly and
impartially.

» The caretaker government, comprising the Chief Adviser and not more than
10 other advisers and collectively responsible to the President.

Fourteenth Amendment:

» The Constitutional (fourteenth Amendment) Act 1994 was passed .

» Reservation of 45 seats for women on a proportional representation basis for


the next 10 years

» Increasing in the retirement age of Supreme Court Judges from 65 to 67


years.

Mahboob-Al-Rashid (Sujan)
BBA 1st Batch
Roll: 05122335
Department of Management
Studies