Constitutional Law of Bangladesh ARNAB KUMAR DAS Port City International University, Chittagong, Bangladesh. SID: LLB 00305037

1. Constitutional Law
of Bangladesh
ARNAB KUMAR DAS
Department of Law
ID: LLB00305037
Port City International University

2. PREAMBLE TO THEPREAMBLE TO THE
CONSTITUTIONCONSTITUTION
 Generally Preamble is an introductory paragraph or part in a
statute or other document settings forth the ground and
intention of it. Not only Constitution, but also most of the
statutes contains a Preamble. In other words, it sets out the
main objective, which legislation is intended to archive it. It is a
key to the intention of the maker of the Act. The Preamble to a
Constitution is its philosophy, because it contains those ideals
and principles on the basis of which the whole structure of the
Constitution is created.

3. MAIN PURPOSES OF
PREAMBLE
3 Main Purposes of Preamble:
It indicates the source of the Constitution, i.e: the legal and
moral basis of the Constitution;
It express in a shortly the ideas and aspiration of the objectives
to the Constitution;
It works as the guiding star for the interpretation of the
Constitution;

4. SIGNIFICANCE OF THESIGNIFICANCE OF THE
PREAMBLEPREAMBLE
 The Preamble bears no legal significance, but it has other
important significance which is sometimes more than the legal
importance.
 It is the Preamble which identifies the legal source or base of
the Constitution. Legal base of the Constitution means
wherefrom the validity and power of the Constitution Is derived;
 It indicates the moral basis or the philosophy of the
Constitution;
 The Preamble works as a guiding star for the whole nation and
for the interpretation of the Constitution;
 The Preamble has a great interpretative significance.

5. FUNDAMENTAL PRINCIPLES OFFUNDAMENTAL PRINCIPLES OF
STATE POLICYSTATE POLICY
 Modern states are welfare states and the principle purpose of
such a state is public welfare. The idea of directive principles in
the Constitution was first introduced in the Irish
Constitution of 1937. Article 45 of the Irish Constitution
provides for some principles under the heading of Directive
Principles of Social Policy.” Following this Irish example the
idea has got in the Constitution of Burma (Mayanmar) in
1949, of India in 1950, of Pakistan in 1956 and 1962, and
finally has been in the Constitution of Bangladesh in 1972.

6. FUNDAMENTAL PRINCIPLES OFFUNDAMENTAL PRINCIPLES OF
STATE POLICYSTATE POLICY
 The principles has been adopted under the heading of
“Directive Principles of State Policy” in the Indian
Constitution, “Principles of State Policy” in the Pakistan
Constitution of 1962 and “Fundamental Principles of State
Policy” in the Bangladesh Constitution.
 From the view point of Bangladesh Constitution it may be said
that Fundamental Principles of State Policy are those
principles which act as fundamental guide to the policy making,
be it social, economic, administrative or international,
governance of the country, making laws and interpreting the
Constitution and laws.

7. DISTINCTION BETWEENDISTINCTION BETWEEN
FUNDAMENTAL RIGHTS ANDFUNDAMENTAL RIGHTS AND
DIRECTIVE PRINCIPLESDIRECTIVE PRINCIPLES
 When certain human rights are written down in the Constitution,
a supreme law, and are protected by constitutional guarantees
they are called Fundamental Rights. On the other hand
Directive Principles are relating to social, economic and culture
rights which are to be followed in governance of the country.
 Fundamental Rights are enforceable in a court of law and they
create justifiable rights in favor of individuals. On the other hand
Directive Principles are not enforceable in a court of law and
they do not create justifiable rights in favor of individuals.

8. DISTINCTION BETWEENDISTINCTION BETWEEN
FUNDAMENTAL RIGHTS ANDFUNDAMENTAL RIGHTS AND
DIRECTIVE PRINCIPLESDIRECTIVE PRINCIPLES
 Fundamental Rights are mandatory in nature whereas
directives are declaratory, but Directive Principles are not
mandatory in nature whereas Fundamental Rights are
declaratory.
 Fundamental Rights create negative obligation on the state. On
the other hand Directive Principles impose positive obligation
on the state.
 If there is any conflict between Fundamental Rights and
Directive Principles rights, Fundamental Rights will prevail over
the directives.

9. FUNDAMENTAL PRINCIPLES -FUNDAMENTAL PRINCIPLES -
WHERE TO BE APPLIED?WHERE TO BE APPLIED?
According to Article 8 (2) of the Constitution of Bangladesh,
the Fundamental Principles shall be applied in the following
spheres:
They shall be fundamental in governance of the country;
The shall be applied in making laws;
They shall be a guide to the interpretation of the Constitution
and other laws of Bangladesh;
They shall from the basis of all works of the state and of its
citizens.
But they shall not be enforceable in a court of law.

10. FUNDAMENTAL RIGHTSFUNDAMENTAL RIGHTS
 The term “Fundamental Right” is a technical one, when
certain human rights are written down in a Constitution and are
protected by constitutional guarantees they are called
Fundamental Rights. They are called Fundamental Rights in
the sense that they are placed in the supreme or fundamental
law of the land which has a supreme sanctity over all other law
of the land.
 Following the footsteps, for the first time French Declaration of
“Rights of Man and Citizen in 1789 and the American
Declaration of Independence in 1776 and then the incorporation
of a Bill of Right in the US Constitution in 1791.

11. FUNDAMENTAL RIGHTS INFUNDAMENTAL RIGHTS IN
BANGLADESHBANGLADESH
 Bangladeshi people have 23 Fundamental Rights under
the Constitution of Bangladesh Part 3, Articles 26 to 47A.
The Fundamental Rights in Bangladesh under below:
 Article-26: Laws inconsistent with fundamental rights to be void
 Article-27: Equality before law
 Article-28: Discrimination on grounds of religion, etc.
 Article-29: Equality of opportunity in public employment
 Article-30: Prohibition of foreign titles. etc.
 Article-31: Right to protection of law

12. FUNDAMENTAL RIGHTS INFUNDAMENTAL RIGHTS IN
BANGLADESHBANGLADESH
 Article-32: Protection of right to life and personal liberty
 Article-33: Safeguards as to arrest and detention
 Article-34: Prohibition of forced labour
 Article-35: Protection in respect of trial and punishment
 Article-36: Freedom of movement
 Article-37: Freedom of assembly
 Article-38: Freedom of association
 Article-39: Freedom of thought and conscience, and of speech
 Article-40: Freedom of profession or occupation

13. FUNDAMENTAL RIGHTS INFUNDAMENTAL RIGHTS IN
BANGLADESHBANGLADESH
 Article-41: Freedom of religion
 Article-42: Rights of property
 Article-43: Protection of home and correspondence
 Article-44: Enforcement of fundamental rights
 Article-45: Modification of rights in respect of disciplinary law
 Article-46: Power to provide indemnity
 Article-47: Saving for certain laws
 Article-47A: Inapplicability of certain articles

14. ARTICLE 7: SUPREMACY OFARTICLE 7: SUPREMACY OF
THE CONSTITUTIONTHE CONSTITUTION
 Article 7 (1): All powers in the Republic belong to the people,
and their exercise on behalf of the people shall be effected only
under, and by the authority of, this Constitution.
 Article 7 (2): 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 inconsistent with this Constitution and other law
shall, to the extent of the inconsistency, be void.

15. ARTICLE 8: FUNDAMENTALARTICLE 8: FUNDAMENTAL
PRINCIPLES OF STATE POLICYPRINCIPLES OF STATE POLICY
 Article 8 (1): The principles of Nationalism, Socialism,
Democracy and Secularism, together with the principles derived
from those as set out in this Part, shall constitute the
fundamental principles of state policy.
 Article 8 (2): The principles set out in this Part shall be
fundamental to the governance of Bangladesh, shall be applied
by the State in the making of laws, shall be a guide to the
interpretation of the Constitution and of the other laws of
Bangladesh, and shall form the basis of the work of the State
and of its citizens, but shall not be judicially enforceable.