Бангладеш Конституциясы – Жоғарғы Заң

Supreme law of Bangladesh

The Constitution of Bangladesh ( — ), officially the Constitution of the People's Republic of Bangladesh ( — ) is the supreme law of Bangladesh. The document provides the framework that demarcates the Bangladeshi republic with a unitary, parliamentary democracy, that enshrines fundamental human rights and freedoms, an independent judiciary, democratic local government and a national bureaucracy. The four fundamental principles of the Constitution are nationalism, socialism, democracy and secularism. The Constitution endeavors to create a socialist society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, is secured for all its citizens. It commits Bangladesh to "contribute to international peace and co operation in keeping with the progressive aspirations of mankind". It invokes constitutional supremacy, as opposed to legislative supremacy since it was created by a constituent assembly not Parliament and was adopted by the people of Bangladesh in its preamble. Parliament cannot quash parts of the Constitution. which makes Bangladesh an integral part of the common law world. Judicial review is also supported by the Constitution. It was adopted by the Constituent Assembly of Bangladesh on 4 November 1972 and became effective on 16 December 1972. The Constitution replaced the Proclamation of Independence as the country's fundamental instrument of government. The Constitution became effective on Bangladesh's Victory Day, precisely one year after the signing of the Instrument of Surrender. The 1940 Lahore Resolution, supported by the first Prime Minister of Bengal, asked the British government that "the North Western and Eastern Zones of (British) India should be grouped to constitute ‘independent states’". It further proclaimed "that adequate, effective and mandatory safeguards should be specifically provided in the Constitution for minorities in these units and in the regions for the protection of their religious, cultural, economic, political, administrative and other rights". The resolution's status is akin to the magna carta in Pakistan, in terms of the concept of independence. On 20 June 1947, the Bengal Legislative Assembly voted on the partition of Bengal. It was decided by 126 votes to 90 that, if Bengal remained united, it should join the Constituent Assembly of Pakistan. At a separate meeting of legislators from West Bengal, it was decided by 58 votes to 21 that the province should be partitioned and that West Bengal should join the Constituent Assembly of India. At another separate meeting of legislators from East Bengal, it was decided by 106 votes to 35 that Bengal should not be partitioned and 107 votes to 34 that East Bengal should join the Constituent Assembly of Pakistan if Bengal was partitioned. On 6 July 1947, the Sylhet referendum voted to partition Sylhet Division from Assam Province and merge it into East Bengal. On 11 August 1947, Muhammad Ali Jinnah, the president of the Constituent Assembly of Pakistan, declared that religious minorities would enjoy full freedom of religion in the emergent new state.

Section 8 of the Indian Independence Act 1947 provided that the Government of India Act, 1935 with certain amendments and adaptations would be the working Constitution of the Dominion of Pakistan during the transitional period. The Constituent Assembly of Pakistan included 79 members, of whom 44 were from East Bengal, 22 from West Punjab, 5 from Sind, 3 from the North West Frontier Province, 1 from Baluchistan and 4 from the acceding princely states. The Bengali Language Movement and demands for replacing separate electorates with joint universal suffrage were key issues in East Bengal. The first constituent assembly was arbitrarily dissolved by the Governor General in 1954. This led to the court challenge of Federation of Pakistan v. Maulvi Tamizuddin Khan, in which the federal court supported the Governor General's decision, although Justice A. R. Cornelius expressed dissent. The dissolution of the assembly was one of the first major blows to democracy in Pakistan. Larma argued that labeling all citizens as Bengali discriminated against non Bengali communities, including his own Chakma ethnic group. The third reading began on 4 November and it approved 65 amendments to the Constitution Bill and adopted and enacted the Constitution on 4 November. The Constitution came into effect on 16 December 1972. A Westminster style political system was established. It declared nationalism, socialism, democracy and secularism as the fundamental principles of the republic. It proclaimed fundamental human rights, including freedom of speech, freedom of religion, freedom of movement, freedom of assembly, the right to education and public healthcare among others. A two thirds vote of parliament was required to amend the Constitution. After winning the 1973 general election, the Awami League government often flouted Constitutional rules and principles. The government received strong criticism from the Bangladeshi press, including both Bengali and English newspapers. The Committee for Civil Liberties and Legal Aid was formed to defend the Constitution. The Awami League enacted three Constitutional amendments between 1973 and 1975. The most drastic amendment was in January 1975. It introduced a one party state and a presidential government, while the judiciary's independence was greatly curtailed. Constitutional rule was suspended on 15 August 1975 with the assassination of President Sheikh Mujibur Rahman and the declaration of martial law. The Chief Martial Law Administrator issued a series of Proclamation Orders between 1975 and 1979 which amended the Constitution. Lieutenant General Ziaur Rahman is credited for many of these Proclamation Orders. The most significant of these orders was defining citizenship as Bangladeshi; other orders included the insertion of religious references and the controversial Indemnity Ordinance. In 1979, martial law was lifted, multiparty politics was restored and Constitutional rule was revived. The Fifth Amendment in 1979 validated all Proclamation Orders of the martial law authorities. An executive presidency continued until 1982.

States that Bangladesh is a unitary republic. Demarcates the territory of the Republic. Proclaims that Islam is the state religion, but guarantees equal status and equal rights to all religions. Declares Bangla as the state language. Specifies the national anthem, national flag, and national emblem of the Republic. Declares Dhaka as the national capital. Provides eligibility for citizenship. States that all powers are derived from the people, and the exercise of such powers will be by the authority of the Constitution. Proclaims that the Constitution is the supreme law of Bangladesh, and that any laws inconsistent with the Constitution are void and of no effect. Article 7A prohibits the suspension or abrogation of the Constitution. States that certain parts of the Constitution are unamendable.

States that nationalism, socialism, democracy and secularism are the fundamental principles of state policy. States that education will be free and compulsory. Endeavours to protect and improve the environment. States that the Republic will ensure equality of opportunity to all citizens. States that endeavours will be made to ensure the equality of opportunity and participation of women in all spheres of life. Declares the separation of powers between the judiciary and the executive. States that measures will be adopted to conserve cultural traditions and the heritage of the people. Ensures the protection of national monuments. States that the Republic will promote international peace and to support oppressed people throughout the world.

Declares that all laws inconsistent with the fundamental rights of the Constitution are to be void. Enshrines the principle of equality before the law. Prohibits discrimination on the basis of religion, race, caste, sex or place of birth. States that there will be equality of opportunity for people who seek public employment. Prohibits citizens of the Republic from receiving foreign titles, honours, awards or decorations without prior approval by the President. Declares that the protection of the law is the inalienable right of all citizens. Proclaims that no person shall be deprived of life and personal liberty. Provides safeguards for those in detention. Prohibits the use of forced labour. Provides protections for persons in respect of trial and punishment. Enshrines freedom of movement; freedom of assembly; freedom of association; freedom of thought, conscience and speech; freedom of profession or occupation; and freedom of religion. States that all citizens have the right to acquire property. States that all citizens have the right to protect their homes and means of communication. Declares that the Supreme Court will enforce the fundamental rights of the Constitution. Reserves the right to provide indemnity to individuals.

Declares that Bangladesh will have a President who will serve as Head of State of the Republic. States that the President will be elected by members of the Jatiya Sangsad. Prescribes that the President will only act in accordance with the advice of the Prime Minister, with the exception of the appointment of the Prime Minister and the Chief Justice. Specifies that the President must have attained the age of 35 years, and must be qualified for election as a Member of Parliament. States that the President has the power to grant pardons and to commute or suspend the sentences of individuals convicted in a court. Specifies that the President is limited to serving two 5 year terms in office, regardless of whether they are consecutive or not. Outlines that in order to tender their resignation, the President must write under their hand addressed to the Speaker. Outlines the process of impeachment and removal from office of the President. Specifies the process of removal from office of the President on grounds of physical or mental incapacity. States that the Speaker will discharge the duties of President in the event of the President's absence.

States that the Republic is to have a Cabinet with the Prime Minister as its Head. Prescribes that the executive power of the Republic is to be exercised by or on the authority of the Prime Minister. States that appointments to the Cabinet will be determined by the Prime Minister and made by the President. Specifies that not less than nine tenths of members of the Cabinet must be Members of Parliament. States that the President will appoint as Prime Minister the Member of Parliament who appears to command the confidence of the Jatiya Sangsad. States that the office of Prime Minister will become vacant in the event they: tender their resignation to the President; cease to be a Member of Parliament or cease to retain the confidence of the majority of members of the Jatiya Sangsad. There are no term limits specified for the Prime Minister. Specifies the tenure of office of other Ministers.

Makes provision for democratically elected local government in every administrative unit in the Republic. States that powers exercised by local government will be delegated by Parliament.

Declares that the President is the Commander in Chief of the Armed Forces of Bangladesh. States that the exercise of such powers will be determined by law. States that Parliament will by law provide for the regulation of the defence services, including the maintenance of the defence services; the grating of commissions; the appointment of chiefs of staff of the defence services and the discipline and other matters relating to the defence services. Reserves the right to declare war for Parliament.

States that the President will appoint someone who is qualified to serve as a Justice of the Supreme Court as Attorney General. States that in exercise of their duties, the Attorney General is entitled to attend the proceedings of any courts in the Republic.

Proclaims that there will be a Parliament for Bangladesh known as the House of the Nation, which will be vested with the legislative powers of the Republic. States that Parliament will consist of 300 directly elected members, while 50 seats will be reserved exclusively for women and will be allocated on a proportional basis. Specifies that a person is required to be a citizen of Bangladesh who has attained the age of 25 years in order to qualify for election to Parliament. Also specifies the procedure to disqualify an individual from election to Parliament. Outlines the procedure for a Member of Parliament to vacate their seat. States that a Member of Parliament who is absent from Parliament for 90 consecutive days will of vacated their seat. States that Members of Parliament are entitled to remuneration. Prescribes a penalty for Members of Parliament who take their seats or vote before reciting the oath of office. States that a Member of Parliament who resigns from their party or votes against their party in Parliament will vacate their seat. Allows candidates to stand for election in multiple constituencies, but in the event a single candidate is elected to more than one, they are required to vacate all but one seat. Specifies that Parliament will be summoned, prorogued and dissolved by the President. States that Parliament will sit for a five year term. Decrees that at the commencement of the first session of Parliament after a general election and the commencement of the first session of Parliament every year, the President is to make an address to Parliament. States that Ministers are entitled to address and take part in the proceedings of Parliament, but only Minister who are Members of Parliament are entitled to vote. States that Parliament will, in its first sitting after a general election, elect a Speaker and Deputy Speaker among its members. States that the individual presiding over proceedings is not entitled to vote unless there is an equality of votes. Specifies that the quorum of the Parliament will be 60 members. States that Parliament will appoint among its members a number of standing committees. Makes provision for the establishment of the office of the Ombudsman. States that Members of Parliament are protected by parliamentary privilege. Prescribes that Parliament will have its own secretariat.

Outlines the legislative procedure for a Bill to become an Act of Parliament. States that assent is required from the President in order for a Bill to become an Act of Parliament. Specifies that if the President fails to assent to a Bill within fifteen days of it being presented to them, it will be deemed that they have assented to the bill and it will become law. Outlines the legislative procedure for Money Bills. States that Money Bills can only be introduced with the recommendation of the President. States that taxes can only be levied or collected under the authority of an Act of Parliament. States that taxes can only be levied and collected under the authority of an Act of Parliament. States that all revenue received by the Government from the repayment of loans will form part of a single fund known as the Consolidated Fund. States that all other public revenue will be credited to the Public Account of the Republic. States that the custody of public money and their payment into and the withdrawal from the Consolidated Fund will be regulated by an Act of Parliament. Outlines the revenue payable to the Public Account of the Republic. States that an Annual Financial Statement must be laid before Parliament for each respective financial year. Specifies the charges of the Consolidated Fund. Outlines the procedure relating to the Annual Financial Statement. Makes provision for an Appropriations Act to be defrayed from the Consolidated Fund. Makes provision for the use of supplementary and excess grants, in the event the total amount authorised to spend in a fiscal year is not sufficient. Specifies the powers of Parliament in relation to the Consolidated Fund.

States that in the event that the Jatiya Sangsad is dissolved, and immediate action is necessary, the President may make or promulgate Ordinances.

Declares that there is to be a Supreme Court, consisting of an Appellate Division and a High Court Division. States that there is to be a Chief Justice and other Judges who are to be appointed by the President. Decrees that the Chief Justice and the other Judges will be independent in the exercise of their judicial functions. Outlines the procedure for the appointment of the Chief Justice and other Judges. States that a Judge must be a citizen of Bangladesh who has either been an Advocate at the Supreme Court for a minimum of ten years, or has held judicial office in Bangladesh for ten years. States that a Judge is entitled to serve until they have attained the age of sixty seven years. States that the President can, pursuant to a resolution passed by not less than two thirds of Members of Parliament, remove Judges. Makes provision for the temporary appointment of the Chief Justice. States that the President may appoint one or more duly qualified persons to serve as an Additional Judge for a period not exceeding two years. States that after their retirement or removal, a Judge is prohibited from holding an office of profit in service of the Republic. States that the seat of the Supreme Court will be the national capital, Dhaka. Specifies the jurisdiction of the High Court Division. Grants the High Court Division the authority to issue certain orders and directions. Specifies the jurisdiction of the Appellate Division. Grants the Appellate Division the power to issue directions, orders, decrees or writs. States that the Appellate Division will have the power to review any judgments or orders issued by it. States that in the event that the President believes a question of law has arisen that is of public importance, the Supreme Court may report its opinion to the President. States that the Supreme Court has the power to make rules which regulate the practise and procedure of each Division of the Supreme Court and any other subordinate court. States that the Supreme Court will be a court of record. States that the Supreme Court will have superintendence over all courts and tribunals subordinate to it. Outlines the procedure for the transfer of cases from subordinate courts to the High Court Division. States that the law declared by the Appellate Division and the High Court Division will be legally binding and will be binding in all subordinate courts in the Republic. Specifies the appointment procedure of the staff of the Supreme Court.

Makes provision for the establishment of subordinate courts in the Republic. Outlines that the appointment of persons to offices in the judicial service or as magistrates exercising judicial functions will be made by the President. States that the control and discipline of subordinate courts will be vested in the President and will be exercised in consultation with the Supreme Court. States that all persons employed in the judicial service and all magistrates shall be independent in the exercise of their judicial functions.

States that Parliament shall have the power to establish one or more administrative tribunals.

Makes provision for the establishment of an Bangladesh Election Commission, chaired by the Chief Election Commissioner. Prescribes the functions of the Election Commission. Outlines the procedure for the appointment of staff to the election commission. States that there is to be a single electoral roll for each constituency. Specifies that in order to qualify for registration as a voter, an individual is required to be a citizen of Bangladesh who has attained the age of 18 years. Outlines the timetable for conducting general elections. States that Parliament may from time to time pass laws that regulate the delimitation of constituencies, the preparation of electoral rolls, or the holding of elections. Prohibits courts in the Republic from questioning the validity of electoral law or elections. States that it is the duty of all executive authorities in the Republic to assist the Election Commission in the discharge of its functions.

Makes provision for the establishment of a Comptroller and Auditor General of Bangladesh. Prescribes the functions and duties of the Auditor General. Outlines the term of office for the Auditor General. Specifies the procedure for the appointment of an Acting Auditor General. States that the Public Accounts of the Republic will be kept in a manner prescribed by the Auditor General. States that the reports of the Auditor General are to be laid before Parliament.

Freedom of religion is one of the cornerstones of Bangladesh's Constitution. Article 12 calls for secularity, the elimination of interfaith tensions and prohibits the abuse of religion for political purposes and any discrimination against, or persecution of, persons practicing a particular religion. Article 41 subjects religious freedom to public order, law and morality; it gives every citizen the right to profess, practice or propagate any religion; every religious community or denomination the right to establish, maintain and manage its religious institutions; and states that no person attending any educational institution shall be required to receive religious instruction, or to take part in or to attend any religious ceremony or worship, if that instruction, ceremony or worship relates to a religion other than his own. Governments have generally supported and respected religious freedom.

Article 111 of the Constitution proclaims the doctrine of binding judicial precedent. According to the article, the law declared by the Supreme Court of Bangladesh, including its Appellate Division and the High Court Division, are binding in all subordinate courts.

The Constitution does not specifically mention the term judicial review, but Article 102 allows writ petitions to be filed at the High Court Division for reviewing laws, the actions and policies of authorities and lower court proceedings. Articles 7(2), 26, 44(1) & 102 are considered to indirectly support the system of judicial review. Therefore, unlike the US Constitution, there is no countermajoritarian difficulty in the Constitution of Bangladesh.

Dr. Kamal Hossain, who is described as the “father of the Bangladeshi Constitution”, has been an ardent supporter of reforming the document to reflect the values of the 21st century. Hossain has blamed amendments during military rule for eroding the Constitution's principles. A. T. M. Shamsul Huda, a former Chief Election Commissioner, has called for a Constitutional amendment to ensure "checks and balances" and the separation of powers.

as of 2023, the Constitution of the People's Republic of Bangladesh has been amended 17 times.