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2011) Page 9 • Source of constitutional authority Preamble • Preamble We, the people of Bangladesh, having proclaimed our independence on the 26th day of March, 1971 and through a historic struggle for national liberation, established the independent, sovereign People's Republic of Bangladesh; Parliament amended the Constitution in 2011, making a provision for adding 50 seats reserved for women and to be distributed among political parties in proportion to their numerical strength in Parliament (Article 65(3), the Constitution of Bangladesh, 1972). This Preamble contains the legal as well as moral basis of the Constitution. Article 8 of Bangladesh constitution described the fundamental principle of state policy which is Nationalism, Democracy, Socialism and Secularism. It amended Article 96 of the constitution; it also amended the Fourth Schedule to the constitution by inserting a new paragraph 19 thereto, providing among others that all proclamations, proclamation orders, Chief Martial Law Administrator’s Orders, Martial Law Regulations, Martial Law Orders, Martial Law Instructions, ordinances and other laws made during the period between 24 March 1982 and 11 November 1986 (both days inclusive) had been validly made and would not be    called in question in or before any court or tribunal or authority on any ground whatsoever. The Act also confirmed and made possible the return of Vice-president Shahabuddin Ahmed to his previous position of the Chief Justice of Bangladesh. It amended, among others, Article 65 of the constitution, providing for reservation of thirty seats for the next 10 years in the Jatiya Sangsad exclusively for women members, to … We always try to gather updated news and try to share with you. However, one of the strategic advantages of Article 70 is the stability of a particular parliament for the reason that no one can change or leave the political party by which he or she is nominated. constituteproject.org The current Bangladesh Parliament contains 350 seats; 300 Members are elected by direct polls in their respective constituencies Whoever wins the most votes, regardless of turnout or proportion, wins the election. It was formally adopted by the National Assembly on 4th November 1972. Unicameral Legislature: Article 65 of the Constitution provides Unicameral Legislature for Bangladesh. The provisions of Article 70 of the Constitution of Bangladesh are pushing the democracy in a back seat. Affirming that it is our sacred duty to safeguard, protect and defend this Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh so that we may prosper in freedom and may make our full contribution towards international peace and co operation in keeping with the progressive aspirations of mankind; Fourteenth Amendment Act: was passed on May 16, 2004, by which the number of reserved women seats in the Jatiya Sangsad was increased from 30 to 45, the age of the Supreme Court judges was increased from 65 to 67 years and provisions for putting portraits of the President and the Prime Minister at the offices of the President and the Prime minister and the Prime Minister’s portrait in government, semi-government and autonomous offices and Bangladesh missions abroad were made mandatory. not ensured: The Constitution of Bangladesh provides for a Westminster type of parliamentary government but it could not ensure the conditions of responsible government. It amended the Fourth Schedule to the constitution by adding a new paragraph 21 thereto which legalized the appointment and oath of Shahabuddin Ahmed, Chief Justice of Bangladesh, as the vice-president of the Republic and the resignation tendered to him on 6 December 1990 by the then President HM Ershad. Ninth Amendment Act: The Constitution (Ninth Amendment) Act 1989 was passed in July 1989. It amended Articles 48, 55, 56, 57, 58, 59, 60, 70, 72, 109, 119, 124, 141A and 142. Unicameral Legislature: According to Article 65 of Bangladesh constitution, legislative assembly is unicameral. A Judge may resign his office by writing under his hand addressed to the President. The Chief Justice shall be appointed by the President, and the other judges shall be appointed by the President in consultation with the Chief Justice. Moreover, through Article 59 of the constitution this act ensured the participation of the people’s representatives in local government bodies, thus stabilizing the base of democracy in the country. Privilege is no vested right. It also identifies the objectives and aims of the state. PDF generated: 04 Feb 2020, 23:45 This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. Affirming that it is our sacred duty to safeguard, protect and defend this Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh so that we may prosper in freedom and may make our full contribution towards international peace and co operation in keeping with the progressive aspirations of mankind; Parliamentary form of Government: The Constitution of Bangladesh provides the Westminster type of parliamentary system. 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. A Judge shall not be removed from his office except by an order of the President passed pursuant to a resolution of Parliament supported by a majority of not less than two-thirds of the total number of members of Parliament, on the ground of proved misbehavior or incapacity. Generally the following are the classifications of the constitutions: The constitution of Bangladesh was formally adopted by the National Assembly on 4 November 1972. Article 70 of the Constitution of Bangladesh is a controversial clause restricting voting freedom in the Parliament of Bangladesh, written in the country's constitution. Eleventh Amendment Act: This Act was passed on 6 August 1991. President becomes a titular head but real executive power is exercised by the cabinet. Nationalism b. Tenth Amendment Act The Tenth Amendment Act was enacted on 12 June 1990. Major changes were brought into the constitution by this amendment. The 15th Amendment to the Constitution brought 55 changes, some of them reversions to the 1972 constitution, following the judgment of the apex court on the illegality of the fifth, eighth and thirteenth amendments. Unicameral Legislature: Article 65 of the Constitution provides Unicameral Legislature for Bangladesh. Ombudsman: Provisions for the establishment of an Ombudsman were inserted in Article 77. Fundamental Rights: Part three of the Constitution provides for 18 fundamental rights. Inserted articles 7A and 7B in the Constitution after Article 7 in a bid to end takeover of power through extra-constitutional means, Basic provisions of the constitution are not amendable, In the case of a dissolution Parliament by any reason, election should be held within 90 days of such dissolution, Increasing the number of women reserve seats to 50 from existing 45, The Supreme Command of the defense services shall vest in the President and the exercise thereof shall be regulated by law, 11. This Act (i) 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; (ii) substituted Articles 44, 70, 102, 115 and 124 of the constitution; (iii) amended part III of the constitution out of existence; (iv) altered the Third and Fourth Schedule; (v) extended the term of the first Jatiya Sangsad; (vi) made special provisions relating to the office of the president and its incumbent; (vii) inserted a new part, ie part VIA in the constitution and (viii) inserted articles 73A and 116A in the constitution. The constitution proclaims nationalism, democracy, socialism and secularism as the fundamental principles of the Bangladesh. IXA in the constitution. It provides the framework of the Bangladeshi republic with a parliamentary government, fundamental human rights and freedoms, an independent judiciary, democratic local government and a national bureaucracy. (2) The people of Bangladesh shall be known as Bangalees as a nation and the citizens of Bangladesh shall be known as Bangladeshies. Mahamudul Islam, Constitutional Law of Bangladesh, 2 nd edition, Mollick brothers, 2003, pg- 146. —��‰¡åP1gk…(­R, %V[do]@BR.C*W/rC'P>TK"8U?A]17t+g=L9uj(.BI#nb@?>\OR^K*pYb>(CcT3%sIYip2jm^5i")+58hYm^>Mip)n1&3Y6F54W3;qD0Yi(3A@9W-o:Tdp8Whn^Y)^=3%+gkddbeOo#l>qUlN@3F@8=R,R^0GlZ4qDPZ]W[8u>QQrFV[+5?Xu6E`,D@NX,-T. Article 1: The Republic, Article 2: The Territory of the Republic, Article 2A: The State Religion, Article 6: Citizenship, Part ii: Fundamental Principles of State policy, Article 8: Fundamental Principles, Article 9: Nationalism, Article 10: Socialism and freedom from exploitation, Article 11: Democracy and human rights, Article 12: Secularism and freedom of religion, Article 19: Equality of opportunity. Article 95, Ibid. The constitution of Bangladesh has no provision for ensuring the individual responsibility of minister. 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 shall, to the extent of the inconsistency, be canceled. 65 Article 115 was substituted by section 19 the Constitution (Fourth Amendment) Act, 1975 (Act No. Preamble: The constitution of Bangladesh starts with a preamble which is described as the guiding star of the Constitution. Constitution of Bangladesh: Features and Amendments, Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on Tumblr (Opens in new window), Click to share on Pinterest (Opens in new window), Click to share on Pocket (Opens in new window), Click to share on Telegram (Opens in new window), Click to share on WhatsApp (Opens in new window), XI CLASS ADMISSION SYSTEM SESSION 2020-2021, HSC results on 17 July 2019-check All board HSC/equivalent result, JSC Result 2018| Education Board Result Bangladesh, PSC exam Result 2018, Primary Education Board Result, Top 10 Private university Ranking 2018 in Bangladesh, Urbanization in Bangladesh development Trend, HSC/equivalent results on 23 July 2017-check All board HSC result, Eminent Islamic scholar and speaker Mizanur Rahman Azhari, Thousands Of Failures But Thousands Of Patents, rivate university Ranking 2018 in Bangladesh, Importance of Computers in the Business World, List of postal codes in Bangladesh(All Division), Postal Zip Codes (postcode) for Rangpur Division, Elections to be held under incumbent cabinet, Islam as State religion and ‘Bismillah-Ar-Rahman-Ar-Rahim’ retained, Revival of Article 12 to restore Secularism and freedom of religion, The people of Bangladesh shall be known as Bangalees as a nation and citizens of Bangladesh shall be known as Bangladeshis, 6. It amended, among others, Article 65 of the constitution, providing for 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. Article 8(1) of the Bangladesh Constitution mentions secularism along with nationalism, democracy and socialism as the fundamental principles of state policy. It amended, among others, Article 65 of the constitution, providing for 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. According to Leacock, Constitution is the form of Government. a. Fifth Amendment Act: This Amendment Act was passed by the Jatiya Sangsad on 6 April 1979. We have created this site to establish social network among the people of the world. Abdus Sattar vs Bangladesh 45 DLR (AD) 65. After Article 47 it inserted a new Article 47A specifying inapplicability of certain fundamental rights in those cases. Universal Franchise: Article 122 (1) states that the elections to parliament shall be on the basis of adult franchise. CHAPTER IV-THE DEFENCE SERVICES: 61. This Act amended the Fourth Schedule to the constitution by adding a new paragraph 18 thereto, which provided that all amendments, additions, modifications, substitutions and omissions made in the constitution during the period between 15 August 1975 and 9 April 1979 (both days inclusive) by any Proclamation or Proclamation Order of the Martial Law Authorities had been validly made and would not be called in question in or before any court or tribunal or authority on any ground whatsoever. The Constitution has 153 Articles arranged under eleven parts and 4 schedules entitled the Republic, Fundamental Principles of State Policy, Fundamental Rights, the Executive, Prime Minister and the … Incorporation of historic speech of the Father of the Nation Bangabandhu Sheikh Mujibur Rahman on March 7, 1971, declaration of independence by Bangabandhu after midnight of March 25, 1971 and the proclamation of Independence declared at Mujibnagar on April 10, 1971. Democracy c. Socialism d. Secularism. Ë©00¡•gÎ,,íNá@Ç#ù[-Ğ€ ¦ÅL‡ÿim Ée—„?zßí-‡V–¦®Ú�Ëy„Ì�®îL¡¶G0ÆĞTy Article 65: Landholding by non-citizens (1) A person who is not a citizen may hold land on the basis of leasehold tenure only, and any such lease, … Twelfth Amendment Act: This Amendment Act, known as the most important landmark in the history of constitutional development in Bangladesh, was passed on 6 August 1991. Article—102. The Vice President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President II of 1975) 66 Substituted for the former article 116 by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 32. Subject to the other provisions of this article, a Judge shall hold office until he attains the age of sixty-seven years. That means there is only one house parliament which is 'House of the nation' commonly known as 'Jatiya Sangshad'. Bangladesh - Bangladesh - Government and society: While Bangladesh’s constitution of 1972 specifies a parliamentary form of government under a prime minister and a president elected by a national assembly, its implementation has been interrupted by coups. Unitary Government System: Article 1 of the Constitution provides that Bangladesh is a unitary people’s republic. … Written Constitution: The Constitution of the People’s Republic of Bangladesh is a written document. 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