The Constitution Of The People's Republic Of Bangladesh
The beginning of the constitution making process was made when the president issued the constitution assembly of Bangladesh order, 1972 on 23 march 1972. The order defined the constituent assembly and its functions in great detail.
Though the total number of member of members who were elected to the National Assembly and Provincial Assembly was 469, a few of them had died and some were disqualified. Only 404 took part in the proceedings of the constituent assembly. The assembly held its first meeting on 10 april 1972. On the second day of the sitting a constitution drafting committee of 34 members was formed with Dr. Kamal Hossain as its chairmen. The constitution bill was introduced in the assembly on 12 october for consideration. Its first reading began on 19 october and continued till 30 october. The second reading took place from 31 october to 3 november. The third reading began on 4 november and it was approved with 65 amendments and came into force on 16 december of the same year, making the Victory Day. The constitution has 163 articles arranged under eleven parts and 4 sehedules entitled The Republic, Fundamental Principles of State Policy, Fundamental Right, The Executive, Prime Minister and The Cabinet, The Legislature, Ligislative and Finsncial Procedure, Ordinance Making Power, Judiciary, Elections, Comptroller and Auditor General, Services of Bangladesh, Public Service Commission, Emergency Provisions, Amendent of the Constitution and Miscellaneous.
The Constitutin as adopted in 1972 contained a Preamble, 153 Articles divided into 11 parts and 4 schedules. The main contents of the Constitution are-
- The Preamle: The Preamle, which embodied the collective memories and national aspirations, affirmed that the "high ideals of nationlism, socialism, democracy and secularism that inspired our heroic people to dedicate themselves to and sacrifice their lives in, the national liberation struggle", eould be the fundamental princples of the Constitution.
- New Nationhood: Part I of the Constitution was the definitive and formal manifestation of a new nationhood. It has declared Bangladesh as a sovereign unitary people's republic. It has defined the state territory, the state language, the national anthem, the national flag, the national emblem, the national flower and national identity.
- Fundamental Principles of State Policy: Part II of the Constitution has contained a declaration of social and economic goals of the nation in the form of 'Fundamental Principles of State Policy'. It has defined the four basic principles as mentioned in the Preamble. It has affirmed that 'Bangali' nationalism is rooted in the unity of the people from its identity of language and culture and attainment of independence through the determined struggle in the War of Independence (Article 9). Socialism has been defined as a 'socialist economic system' aiming at ensuring the attainment of a just and egalitarian society, free from the exploitation of man by man (Artical 10). Democracy has been envisaged as a system in which fundamental human rights, freedom and dignity of persons would be guaranteed and effective participation of the people would be ensured through their elected representatives at all levels of administration (Article 11). Secularism has been defined as the elimination of all forms of communalism, abuse of religion for political purposes of peasants and workers from all forms of exploitation; provision of such basic necessaries of life as food, clothing, shelter, education and medical care to all citizens have been made the national goal. The fundamental Principles of State Policy are mere pledges without any legel backing. It has been stated that the principles enunciated in Part II, through not enforceable in the court, shold be applied by the state in the making of laws and should be a guide to the interpretation of the Constitution and other laws of Bangladesh.
- Fundamental Rights: Part III of the Constitution has dealt with the fundamental rights of the citizens. Article 26 of the Constitution has asserted that state shall not make any law inconsistent with this part, and any law so made shall to the extent of such inconsistency be void. These include such rights as equality before law, equal opportunity in public employment or office, equal protection of law, right to life and liberty, safeguard against arbitrary arrest and detention, freedom of movement, freedom of assembly, freedom of association, freedom of speech and expression and of the press, freedom of religion and right to property. The right to move the Supreme Court for the enforcrmrnt of these rights has also been guaranteed (Article 102). Most of the fundamental rights have been subject to 'reasonable restrictions imposed by law' in the interest of 'the security of the state', or 'decency' or 'morality'.
- Form of Government: Parts IV, V and VI of the Constitution have mainly described the structure of Bangladesh Government. The form of government as provided for in the Constitution has been parliamentary democracy modeled on the British system. The head of the state is the President who would be elected by the members of the Jatiya Sangsad for a term of 5 years and removed only through impeachment by at least teo-thirds majority of the members of the Jatiya Sangsad. Like the British King or Queen, he is the Constitutional head. He would appoint as prime minister a member of the Jatiya Sangsad who appeared to him to command the confidence of members of the Sangsad. In the exercise of his functions, the President is required to act on the advice of the Prime Minister who, in fact, is the chief executive. The Prime Minister is the head of the cabinet,'central to its formation, central to its life and central to its desth'. The cabinet is the executive arm of the government.
- Elections, Services and Audit: Parts VII, VIII and IX of the Constitution deal with elections, audit and civil services. The Chief Election Commissioner, Comptroller and Auditor-General and chairman and members of the Bangladesh Public Service Commission are independent in the exercise of their functions and can be removed 'in the like manner and on the like grounds as a judge of the Supreme Courts' (Article 118, 129 and 130).
- Amendment of the Constitution: Part X of the Constitution is concerned with the amendment process. It has been provided that nay provision of the Constitution can be amended or repealed by an Act of the Jatiya Sangsad passed by not less than two-thirds of its members.
- Miscellaneous Provisions: In Part XI of the Constitution there ae some miscellaneous provisions. The first schedule contains a list of the laws that have been kept beyond judicial review; the second prescribes rules regarding the election of the President; in the third the proforma of oaths to be taken by persons of cartain elevated positions has been inserted. The fourth one contains provisions for transition to Constitutional government.
