5. UNDERSTANDING THE
CONSTITUTION
A constitution is a body of (i) fundamental rules, (ii) written or unwritten, which (iii)
determines the organization or structure of the government, (iv) distribute powers and (v)
determines the relationship among the organs of the government.
Amendment of the Constitution
A constitutional amendment is a formal change to the text of the written constitution
of a nation or state. Normally, two-thirds vote is required to amend the constitution
6. CONSTITUTION MAKING IN
BANGLADESH
Constitution Making Process
• The Constituent Assembly of Bangladesh Order” on March 23, 1972, 325 days after The liberation war of
Bangladesh”.
• In April 11, 1972, 34-member Draft Committee was made by the then Law Minister Dr. Kamal Hossain for Drafting
the Constitution.
• The last meeting of Draft Committee approved the draft in October 11,1972.
• They Introducing the Bill on October 12, 1972.
• After that “Debate” was happen by the Four different groups.
• Parliamentary discussion- 8 working days/32 hours/48 MCAs participated
7. o Original Constitution of Bangladesh was adopted and enacted on
November 4, 1972 and came into effect on December 16,1972.
o Since then 17 amendments have been made to the Constitution. And,
indeed , they have basically changed many of the important
characteristics of the Constitution
CONSTITUTION MAKING IN
BANGLADESH
8.
9. IMPORTANT FEATURES IN BANGLADESH
CONSTITUTION
1. “Synthesis between democracy and socialism” (Huq, 1973)
2. Written Constitution
The Constitution of the People’s Republic of Bangladesh is a written document. It contains Articles
from 1 to 153,a Preamble and 3 schedules.
3. Rigid Constitution
No provision of it can be amended by ordinary law making procedure; amendment can be passed
only by votes of not less than two-thirds of the total number of MPs.
4. Preamble
The Constitution of Bangladesh starts with a preamble which is described as the guiding star of the
Constitution. The preamble is a part of our Constitution and cannot be amended without a referendum.
5. Supremacy of the Constitution.
Supremacy of the Constitution means that its mandates shall prevail under all circumstances. The
supremacy of the Constitution articulated in Article 7(2) -- “This Constitution is, as the solemn expression of
the will of the people, the supreme law of the Republic” is the cornerstone of the Constitution of
Bangladesh.
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10. IMPORTANT FEATURES
6.Unitary System of Government
Article 1 of the Constitution provides that Bangladesh is a unitary people's republic as opposed to federal
republic. No division of power has been provided for in he Constitution unlike in federal constitutions. All the legislative,
executive and judicial power are vested in a single set of authorities.
7. Unicameral Legislature
Article 65 of the Constitution provides a unitary, one-house Parliament vested with all the legislative powers of
the Republic. Laws made by the Parliament are equally applicable to the whole territory of Bangladesh.
8. Fundamental Principles of State Policy
Part II (Art.8-25) of the Constitution contains a list of ‘Fundamental Principles of State Policy'. Article 8 provides
for 4 fundamental principles of state policy. Observance of these principles is deemed essential for the welfare of the
people.
9. Fundamental Rights
Part III (Art.26-47A) of the Constitution provides for 18 fundamental rights. The enjoyment and enforcement of
these rights have been guaranteed in the Constitution.
10.Parliamentary Form of Government
Constitution provides for a parliamentary form of government. The executive authority of the Republic is vested
in the Prime Minister. The President is only the constitutional head of the state and does not possess much power to
affect the working of the Cabinet.
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11. IMPORTANT FEATURES
11.Ombudsman:
Provisions for the establishment of an ombudsman were inserted in Article 77. The
role of an ombudsman like a citizen’s defender or watch-dog has been successful in some
countries.
12. State Religion
Article 2A says that the State religion of the Republic is Islam, but other religions
may be practiced in peace and harmony in the Republic.
13.Emergency Provisions
Emergency provisions have been provided in its Part IXA which enable the executive
to meet any emergency situation. The truth is that there was no Article or provisions for
emergency in the constitution as originally enacted in 1972.
14.Law-making Power of the President
Article 93 empowers the President to legislate by Ordinances.
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12. Amendments in Bangladeshi Constitution
First Amendment) Act 1973: In Article 47, the detention and trial of war criminals was kept out of the
purview of the provision of fundamental rights.
Second Amendment) Act 1973: In Article 33, conferring power on Parliament and the Executive to deal
with emergency situations and providing for suspension of enforcement of the fundamental rights during the
period of emergency.
Third Amendment) Act 1974: about the agreement with India giving up the claim in respect of Berubari and
retaining Dahagram and Angorpota.
Fourth Amendment) Act 1975: 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 Fifth Amendment Ac 1979: 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.
13. This is MD MAMUN BHUIYAN. I am from Bangladesh. I come from a small family. I have 2
brothers and a sister. My father is a business man and my mother is a house wife . My
brothers are doing job and My sister is student. Currently my family living in the capital city
of Bangladesh.