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The Constitution of Bangladesh ( bn, বাংলাদেশের সংবিধান — ), officially the Constitution of the People's Republic of Bangladesh ( bn, গণপ্রজাতন্ত্রী বাংলাদেশের সংবিধান — ) is the supreme law of Bangladesh. The document provides the framework that demarcates the Bangladeshi republic with a
unitary Unitary may refer to: Mathematics * Unitary divisor * Unitary element * Unitary group * Unitary matrix * Unitary morphism * Unitary operator * Unitary transformation * Unitary representation In mathematics, a unitary representation of a grou ...
,
parliamentary democracy A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of t ...
, that enshrines fundamental
human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
and
freedoms Political freedom (also known as political autonomy or political agency) is a central concept in history and political thought and one of the most important features of democratic societies.Hannah Arendt, "What is Freedom?", ''Between Past and F ...
, an
independent judiciary Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan inter ...
, democratic local government and a national bureaucracy. The four fundamental principles of the Constitution are
nationalism Nationalism is an idea and movement that holds that the nation should be congruent with the State (polity), state. As a movement, nationalism tends to promote the interests of a particular nation (as in a in-group and out-group, group of peo ...
,
socialism Socialism is a left-wing economic philosophy and movement encompassing a range of economic systems characterized by the dominance of social ownership of the means of production as opposed to private ownership. As a term, it describes th ...
,
democracy Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to deliberate and decide legislation (" direct democracy"), or to choose g ...
and
secularism Secularism is the principle of seeking to conduct human affairs based on secular, naturalistic considerations. Secularism is most commonly defined as the separation of religion from civil affairs and the state, and may be broadened to a si ...
. The Constitution endeavors to create a socialist society in which the
rule of law The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannic ...
, fundamental
human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
and
freedom Freedom is understood as either having the ability to act or change without constraint or to possess the power and resources to fulfill one's purposes unhindered. Freedom is often associated with liberty and autonomy in the sense of "giving one ...
, equality and
justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
, 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 Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all ...
since it was created by a
constituent assembly A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected b ...
not
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
and was adopted by the people of Bangladesh in its preamble. Parliament cannot quash parts of the Constitution. Judicial precedent is enshrined in Bangladesh's Constitution under Article 111, which makes Bangladesh an integral part of the
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
world.
Judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
is also supported by the Constitution. It was adopted by the
Constituent Assembly of Bangladesh The Constituent Assembly of Bangladesh was the constituent assembly of Bangladesh. It was the country's provisional parliament between 1971 and 1973. In 1972, it drafted and adopted the Constitution of Bangladesh. The assembly was dominated by th ...
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 Victory Day is a commonly used name for public holidays in various countries, where it commemorates a nation's triumph over a hostile force in a war or the liberation of a country from hostile occupation. In many cases, multiple countries may ob ...
, precisely one year after the signing of the Instrument of Surrender.


Modern Constitutional history


British India

The advent of British rule in the 18th century displaced the centuries of governance developed by South Asian empires. The Regulating Act of 1773 passed by the
Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprem ...
was the first basic law in the
Bengal Presidency The Bengal Presidency, officially the Presidency of Fort William and later Bengal Province, was a subdivision of the British Empire in India. At the height of its territorial jurisdiction, it covered large parts of what is now South Asia an ...
. The
British Empire The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading posts e ...
did not grant universal suffrage and democratic institutions to its colonies. The British slowly granted concessions for home rule. The
Government of India Act 1858 The Government of India Act 1858 was an Act of the Parliament of the United Kingdom (21 & 22 Vict. c. 106) passed on 2 August 1858. Its provisions called for the liquidation of the British East India Company (who had up to this point been ruling ...
,
Indian Councils Act 1861 The Indian Councils Act 1861 was an Act of the Parliament of the United Kingdom that transformed India's executive council to function as a cabinet run on the portfolio system. This cabinet had six "ordinary members", who each took charge of a s ...
,
Indian Councils Act 1892 The Indian Councils Act 1892 was an Act of British Parliament that introduced various amendments to the composition and function of legislative councils in British India. Most notably, the act expanded the number of members in the central and ...
and Indian Councils Act 1909 were later important laws of government. The
legislatures of British India The Legislatures of British India included legislative bodies in the presidencies and provinces of British India, the Imperial Legislative Council, the Chamber of Princes and the Central Legislative Assembly. The legislatures were created under ...
included the
Bengal Legislative Council The Bengal Legislative Council ( was the legislative council of British Bengal (now Bangladesh and the Indian state of West Bengal). It was the legislature of the Bengal Presidency during the late 19th and early 20th centuries. After reforms wer ...
and the Eastern Bengal and Assam Legislative Council in the early 20th century. The
Nehru Report The Nehru Report of 1928 was a memorandum All Parties Conference in British India to appeal for a new dominion status and a federal set-up of government for the constitution of India. It also proposed for the Joint Electorates with reservation of ...
recommended for universal suffrage, a bicameral legislature, a senate and a house of representatives. The
Fourteen Points of Jinnah The Fourteen Points of Jinnah were proposed by Muhammad Ali Jinnah in response to the Nehru report. It basically consisted of four Delhi proposals, the three Calcutta amendments, and demands for the continuation of separate electorates and reser ...
demanded provincial autonomy and quotas for Muslims in government. The
Government of India Act 1935 The Government of India Act, 1935 was an Act adapted from the Parliament of the United Kingdom. It originally received royal assent in August 1935. It was the longest Act of (British) Parliament ever enacted until the Greater London Authority ...
established provincial parliaments based on separate electorates. The 1940
Lahore Resolution The Lahore Resolution ( ur, , ''Qarardad-e-Lahore''; Bengali: লাহোর প্রস্তাব, ''Lahor Prostab''), also called Pakistan resolution, was written and prepared by Muhammad Zafarullah Khan and was presented by A. K. Fazlul ...
, supported by the first
Prime Minister of Bengal The Prime Minister of Bengal was the head of government of Bengal Province and the Leader of the House in the Bengal Legislative Assembly in British India. The position was dissolved upon the Partition of Bengal in 1947. History The office was ...
, 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 Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
, 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 120 votes to 90 that, if Bengal remained united, it should join the
Constituent Assembly of Pakistan The Constituent Assembly of Pakistan ( bn, পাকিস্তান গণপরিষদ, Pākistān Goṇoporishod; ur, , Aāin Sāz Asimblī) was established in August 1947 to frame a constitution for Pakistan. It also served as its first ...
. 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 The Constituent Assembly of India was elected to frame the Constitution of India. It was elected by the 'Provincial Assembly'. Following India's independence from the British rule in 1947, its members served as the nation's first Parliament as ...
. 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 Sylhet Division ( bn, সিলেট বিভাগ) is the northeastern division of Bangladesh. It is bordered by the Indian states of Meghalaya, Assam and Tripura to the north, east and south respectively, and by the Bangladeshi divisions ...
from
Assam Province Assam Province was a province of British India, created in 1912 by the partition of the Eastern Bengal and Assam Province. Its capital was in Shillong. The Assam territory was first separated from Bengal in 1874 as the 'North-East Frontier' n ...
and merge it into East Bengal. On 11 August 1947,
Muhammad Ali Jinnah Muhammad Ali Jinnah (, ; born Mahomedali Jinnahbhai; 25 December 1876 – 11 September 1948) was a barrister, politician, and the founder of Pakistan. Jinnah served as the leader of the All-India Muslim League from 1913 until the ...
, the president of the Constituent Assembly of Pakistan, declared that religious minorities would enjoy full freedom of religion in the emergent new state.


Union with Pakistan

Section 8 of the
Indian Independence Act 1947 The Indian Independence Act 1947 947 CHAPTER 30 10 and 11 Geo 6is an Act of the Parliament of the United Kingdom that partitioned British India into the two new independent dominions of India and Pakistan. The Act received Royal Assent on 18 Ju ...
provided that the Government of India Act, 1935 with certain amendments and adaptations would be the working Constitution of the
Dominion of Pakistan Between 14 August 1947 and 23 March 1956, Pakistan was an independent federal dominion in the Commonwealth of Nations, created by the passing of the Indian Independence Act 1947 by the British parliament, which also created the Dominion of ...
during the transitional period. The Constituent Assembly of Pakistan included 79 members, of whom 44 were from
East Bengal ur, , common_name = East Bengal , status = Province of the Dominion of Pakistan , p1 = Bengal Presidency , flag_p1 = Flag of British Bengal.svg , s1 = Ea ...
, 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 ''Federation of Pakistan v. Maulvi Tamizuddin Khan'' (1955) was a court case of the Dominion of Pakistan. The Federal Court of Pakistan (now the Supreme Court of Pakistan) ruled in favor of the Governor General of Pakistan's dismissal of the 1st C ...
'', in which the federal court supported the Governor General's decision, although Justice
A. R. Cornelius Alvin Robert Cornelius, HPk (8 May 1903 – 21 December 1991) was a Pakistani jurist, legal philosopher and judge, serving as the 4th Chief Justice of Pakistan from 1960 until 1968. In addition, he served as Law Minister in the cabinet of Yahya ...
expressed dissent. The dissolution of the assembly was one of the first major blows to democracy in Pakistan. The
Constitution of Pakistan of 1956 The Constitution of 1956 was the fundamental law of Pakistan from March 1956 until the 1958 Pakistani coup d'état. It was the first constitution adopted by independent Pakistan. There were 234 articles 13 parts and 6 schedules. Origins Pakista ...
was adopted by a second constituent assembly elected in 1955. It declared two provinces-
East Pakistan East Pakistan was a Pakistani province established in 1955 by the One Unit Policy, renaming the province as such from East Bengal, which, in modern times, is split between India and Bangladesh. Its land borders were with India and Myanmar, wit ...
and
West Pakistan West Pakistan ( ur, , translit=Mag̱ẖribī Pākistān, ; bn, পশ্চিম পাকিস্তান, translit=Pôścim Pakistan) was one of the two Provincial exclaves created during the One Unit Scheme in 1955 in Pakistan. It was ...
; and two federal languages-
Urdu Urdu (;"Urdu"
'' Bengali Bengali or Bengalee, or Bengalese may refer to: *something of, from, or related to Bengal, a large region in South Asia * Bengalis, an ethnic and linguistic group of the region * Bengali language, the language they speak ** Bengali alphabet, the w ...
. The first Pakistani Constitution was in place for only a few years. General Ayub Khan staged a military coup and introduced the Constitution of Pakistan of 1962. The 1962 Constitution introduced a
presidential system A presidential system, or single executive system, is a form of government in which a head of government, typically with the title of president, leads an executive branch that is separate from the legislative branch in systems that use separatio ...
in which electoral colleges would be responsible for electing the president and governors. The chief ministers' offices were abolished; and parliament and provincial assemblies were delegated to a mainly advisory role. The system was dubbed "Basic Democracy". In 1965,
Fatima Jinnah Fatima Jinnah ( ur, ; 31 July 1893 – 9 July 1967), widely known as Māder-e Millat ("Mother of the Nation"), was a Pakistani stateswoman, politician, dental surgeon and one of the leading founders of Pakistan. She was the younger sister of ...
's failed bid for the presidency prompted allegations of a rigged electoral system. The Six Points of Sheikh Mujibur Rahman demanded parliamentary democracy. Rahman's Six Points were part of the manifesto of the Awami League, the party which won first general election in East and West Pakistan in 1970. The Awami League ran on the platform of developing a new Pakistani Constitution based on the Six Points. The League won 167 out 169 East Pakistani seats in the
National Assembly of Pakistan The National Assembly ( ur, , translit=Aiwān-e-Zairīñ, , or ur, قومی اسمبلی, romanized: ''Qaumi Assembly'') is the lower legislative house of the bicameral Parliament of Pakistan, which also comprises the Senate of Pakistan (upp ...
and 288 out of 300 seats in the
East Pakistan Provincial Assembly The East Pakistan Provincial Assembly, known as the East Bengal Legislative Assembly between 1947 and 1955, was the provincial legislature of East Pakistan between 1947 and 1971. It was known as the East Bengal Assembly from 1947 to 1955 when the ...
. The Pakistani military junta refused to transfer power to
Prime Minister-elect A prime number (or a prime) is a natural number greater than 1 that is not a product of two smaller natural numbers. A natural number greater than 1 that is not prime is called a composite number. For example, 5 is prime because the only ways ...
Sheikh Mujibur Rahman, and instead executed
Operation Searchlight Operation Searchlight was the codename for a planned military operation carried out by the Pakistan Army in an effort to curb the Bengali nationalist movement in former East Pakistan in March 1971. Pakistan retrospectively justified the opera ...
which triggered Bangladesh War of Independence.


Bangladesh

The
Provisional Government of Bangladesh The Provisional Government of the People's Republic of Bangladesh, popularly known as the Mujibnagar Government, was established following the declaration of independence of East Pakistan as Bangladesh on 10 April 1971. Headed by prime mini ...
issued the Proclamation of Independence on 10 April 1971, which served as the interim first Constitution of Bangladesh. It declared “equality, human dignity and social justice” as the fundamental principles of the republic. East Pakistani members of Pakistan's federal and provincial assemblies were transformed into members of the
Constituent Assembly of Bangladesh The Constituent Assembly of Bangladesh was the constituent assembly of Bangladesh. It was the country's provisional parliament between 1971 and 1973. In 1972, it drafted and adopted the Constitution of Bangladesh. The assembly was dominated by th ...
. The constituent assembly had 404 members. After the war, the Constitution Drafting Committee was formed in 1972. The committee included 34 members with Dr.
Kamal Hossain Kamal Hossain (born 20 April 1937) is a founding leader, lawyer and politician of Bangladesh. He is known as the "father of the Bangladeshi constitution" and regarded as an icon of secular democracy in the Indian subcontinent. Hossain currently ...
as its chairman. The Constitution Bill was introduced in the Assembly on 12 October. Its first reading began on 19 October and continued till 30 October. The second reading took place from 31 October to 3 November. Manabendra Narayan Larma made an impassioned appeal to declare the term of citizenship as “Bangladeshi” instead of “
Bengali Bengali or Bengalee, or Bengalese may refer to: *something of, from, or related to Bengal, a large region in South Asia * Bengalis, an ethnic and linguistic group of the region * Bengali language, the language they speak ** Bengali alphabet, the w ...
”. Larma argued that labeling all citizens as Bengali discriminated against non-Bengali communities, including his own
Chakma Chakma may refer to: *Chakma people, a Tibeto-Burman people of Bangladesh and Northeast India *Chakma language, the Indo-Aryan language spoken by them **Chakma script The Chakma Script (''Ajhā pāṭh''), also called Ajhā pāṭh, Ojhapath, O ...
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 speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...
,
freedom of religion Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freedo ...
,
freedom of movement Freedom of movement, mobility rights, or the right to travel is a human rights concept encompassing the right of individuals to travel from place to place within the territory of a country,Jérémiee Gilbert, ''Nomadic Peoples and Human Rights ...
,
freedom of assembly Freedom of peaceful assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of people to come together and collectively express, promote, pursue, and defend their collective or shared ide ...
, the
right to education The right to education has been recognized as a human right in a number of international conventions, including the International Covenant on Economic, Social and Cultural Rights which recognizes a right to free, compulsory primary education for ...
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 Committee for Civil Liberties and Legal Aid in short Civil Liberties Committee was a forum in Bangladesh formed by the members of civil society to restore the civil liberties and provide legal aid to the dissenting population of the country who we ...
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 Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory. Use Martia ...
. 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 Bangladeshis ( bn, বাংলাদেশী ) are the citizens of Bangladesh, a South Asian country centered on the transnational historical region of Bengal along the eponymous bay. Bangladeshi citizenship was formed in 1971, when the ...
; other orders included the insertion of religious references and the controversial
Indemnity Ordinance The Indemnity Ordinance, 1975 was a controversial law enacted by the martial law regime of Bangladesh on 26 September 1975. It provided legal immunity to all persons involved in the assassination of Sheikh Mujibur Rahman, who was killed with most ...
. 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. Martial law was again imposed in the
1982 Bangladesh coup d'état __NOTOC__ Year 198 (CXCVIII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Sergius and Gallus (or, less frequently, year 951 ''Ab ...
. When Constitutional rule was restored in 1986, the Sixth Amendment validated previous Proclamation Orders issued by the Chief Martial Law Administrator. The Eighth Amendment in 1988 declared Islam as the
state religion A state religion (also called religious state or official religion) is a religion or creed officially endorsed by a sovereign state. A state with an official religion (also known as confessional state), while not secular, is not necessarily a t ...
and initiated limited devolution of the judiciary. In 1990, a pro-democracy uprising ousted President Ershad. The uprising was followed by parliamentary elections in 1991. The Twelfth Amendment passed by the fifth parliament is the most influential Constitutional amendment in Bangladesh. It re-established parliamentary government. It amended Articles 48, 55, 56, 57, 58, 59, 60, 70, 72, 109, 119, 124, 141A and 142. The Prime Minister became the executive head of government, and along with the cabinet, was responsible to parliament. Local government was made more democratic. However, the amendment restricted the voting freedom of MPs. According to Article 70, MPs would lose their seat if they voted against their party. This made it impossible for parliament to have a free vote, including no-confidence motions to remove a prime minister. Experts have described the amendment as instituting prime ministerial dictatorship. The Thirteen Amendment in 1996 introduced the
Caretaker government of Bangladesh The Caretaker Government of Bangladesh ( bn, বাংলাদেশের তত্ত্বাবধায়ক সরকার) was a form of government in which Bangladesh used to be ruled by a selected government for an interim period du ...
. In 2010, the
Supreme Court of Bangladesh The Supreme Court of Bangladesh ( bn, বাংলাদেশ সুপ্রীম কোর্ট) is the highest court of law in Bangladesh. It is composed of the High Court Division and the Appellate Division, and was created by Part VI C ...
ruled that the Fifth Amendment of 1979 went against the Constitutional spirit of the country and hence invalidated its removal of clauses related to secularism. The Supreme Court gave the verdict in the case of '' Bangladesh Italian Marble Works Ltd. v. Government of Bangladesh''. While implementing the supreme court's verdict in the Fifteenth Amendment in 2011, the Awami League-led parliament abolished the caretaker government system, which the party itself had advocated in 1996. In 2017, the Supreme Court declared the Sixteenth Amendment Act of 2014 illegal and void. The amendment had introduced the provision of impeaching judges in parliament. The Supreme Court held that parliament cannot have
conscience vote A conscience vote or free vote is a type of vote in a legislative body where legislators are allowed to vote according to their own personal conscience rather than according to an official line set down by their political party. In a parliamentary ...
s due to Article 70.


Contents


Preamble

BISMILLAH-AR-RAHMAN-AR-RAHIM
In the name of Allah, the Beneficient, the Merciful
In the name of the Creator, the Merciful. 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; Pledging that the high ideals of nationalism, socialism, democracy and secularism, which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in, the national liberation struggle, shall be the fundamental principles of the Constitution; Further pledging that it shall be a fundamental aim of the State to realise through the democratic process a socialist society, free from exploitation a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens; 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; In our Constituent Assembly, this eighteenth day of Kartick, 1379 B.S., corresponding to the fourth day of November, 1972 A.D., do hereby adopt, enact and give to ourselves this Constitution.


The Constitution


Part I: The Republic

States that Bangladesh is a unitary republic. Demarcates the territory of the Republic. Proclaims that
Islam Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God (or '' Allah'') as it was revealed to Muhammad, the ...
is the state religion, but guarantees equal status and equal rights to all religions. Declares
Bangla Bangla (Bengali: বাংলা) may refer to: *Bengali language, an eastern Indo-Aryan language *The endonym of Bengal, a geographical and ethno-linguistic region in South Asia *''Bangla-'', a prefix indicating Bangladesh Businesses and organ ...
as the state language. Specifies the
national anthem A national anthem is a patriotic musical composition symbolizing and evoking eulogies of the history and traditions of a country or nation. The majority of national anthems are marches or hymns in style. American, Central Asian, and Europea ...
,
national flag A national flag is a flag that represents and symbolizes a given nation. It is flown by the government of that nation, but usually can also be flown by its citizens. A national flag is typically designed with specific meanings for its colours a ...
, and
national emblem A national emblem is an emblem or seal that is reserved for use by a nation state or multi-national state as a symbol of that nation. Many nations have a seal or emblem in addition to a national flag A national flag is a flag that represents ...
of the Republic. Declares
Dhaka Dhaka ( or ; bn, ঢাকা, Ḍhākā, ), List of renamed places in Bangladesh, formerly known as Dacca, is the Capital city, capital and List of cities and towns in Bangladesh, largest city of Bangladesh, as well as the world's largest ...
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.


Part II: Fundamental Principles of State Policy

States that
nationalism Nationalism is an idea and movement that holds that the nation should be congruent with the State (polity), state. As a movement, nationalism tends to promote the interests of a particular nation (as in a in-group and out-group, group of peo ...
,
socialism Socialism is a left-wing economic philosophy and movement encompassing a range of economic systems characterized by the dominance of social ownership of the means of production as opposed to private ownership. As a term, it describes th ...
,
democracy Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to deliberate and decide legislation (" direct democracy"), or to choose g ...
and
secularism Secularism is the principle of seeking to conduct human affairs based on secular, naturalistic considerations. Secularism is most commonly defined as the separation of religion from civil affairs and the state, and may be broadened to a si ...
are the fundamental principles of state policy. Pledges to ensure the emancipation of peasants and workers. 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 Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typi ...
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.


Part III: Fundamental Rights

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.


Part IV: The Executive


Chapter I: The President

Declares that Bangladesh will have a
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
who will serve as
Head of State A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and ...
of the Republic. States that the President will be elected by members of the
Jatiya Sangsad The Jatiya Sangsad ( bn, জাতীয় সংসদ, lit=National Parliament, translit=Jatiyô Sôngsôd), often referred to simply as the ''Sangsad'' or JS and also known as the House of the Nation, is the supreme legislative body of B ...
. 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 A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...
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
pardon A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the j ...
s 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 Speaker may refer to: Society and politics * Speaker (politics), the presiding officer in a legislative assembly * Public speaker, one who gives a speech or lecture * A person producing speech: the producer of a given utterance, especially: ** In ...
. 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.


Chapter II: The Prime Minister and The Cabinet

States that the Republic is to have a
Cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets * Filin ...
with the
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...
as its
Head A head is the part of an organism which usually includes the ears, brain, forehead, cheeks, chin, eyes, nose, and mouth, each of which aid in various sensory functions such as sight, hearing, smell, and taste. Some very simple animals ...
. 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 President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
. 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 The Jatiya Sangsad ( bn, জাতীয় সংসদ, lit=National Parliament, translit=Jatiyô Sôngsôd), often referred to simply as the ''Sangsad'' or JS and also known as the House of the Nation, is the supreme legislative body of B ...
. 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 The Jatiya Sangsad ( bn, জাতীয় সংসদ, lit=National Parliament, translit=Jatiyô Sôngsôd), often referred to simply as the ''Sangsad'' or JS and also known as the House of the Nation, is the supreme legislative body of B ...
. There are no term limits specified for the Prime Minister. Specifies the tenure of office of other Ministers.


Chapter III: Local Government

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 In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
.


Chapter IV: The Defence Services

Declares that the
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
is the Commander-in-Chief of the
Armed Forces of Bangladesh The Bangladesh Armed Forces ( bn, বাংলাদেশ সশস্ত্র বাহিনী, Bangladesh Sashastra Bahinī) are the Armed forces, combined military forces of the Bangladesh, People's Republic of Bangladesh. It consists ...
. 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.


Chapter V: The Attorney General

States that the
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
will appoint someone who is qualified to serve as a Justice of the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
as
Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
. States that in exercise of their duties, the Attorney General is entitled to attend the proceedings of any courts in the Republic.


Part V: The Legislature


Chapter I: Parliament

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 An oath of office is an oath or affirmation a person takes before assuming the duties of an office, usually a position in government or within a religious body, although such oaths are sometimes required of officers of other organizations. Suc ...
. 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 Speaker may refer to: Society and politics * Speaker (politics), the presiding officer in a legislative assembly * Public speaker, one who gives a speech or lecture * A person producing speech: the producer of a given utterance, especially: ** In ...
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 A quorum is the minimum number of members of a deliberative assembly (a body that uses parliamentary procedure, such as a legislature) necessary to conduct the business of that group. According to '' Robert's Rules of Order Newly Revised'', the ...
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 Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties ...
. Prescribes that Parliament will have its own secretariat.


Chapter II: Legislative and Financial Procedures

Outlines the
legislative procedure A bill is proposed legislation under consideration by a legislature. A bill does not become law until it is passed by the legislature as well as, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an '' ...
for a
Bill Bill(s) may refer to: Common meanings * Banknote, paper cash (especially in the United States) * Bill (law), a proposed law put before a legislature * Invoice, commercial document issued by a seller to a buyer * Bill, a bird or animal's beak Pla ...
to become an
Act of Parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliame ...
. States that assent is required from the
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
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 In the Westminster system (and, colloquially, in the United States), a money bill or supply bill is a bill that solely concerns taxation or government spending (also known as appropriation of money), as opposed to changes in public law. Con ...
. 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 A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government i ...
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 A fiscal year (or financial year, or sometimes budget year) is used in government accounting, which varies between countries, and for budget purposes. It is also used for financial reporting by businesses and other organizations. Laws in many ...
. 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.


Chapter III: Ordinance Making Power

States that in the event that the
Jatiya Sangsad The Jatiya Sangsad ( bn, জাতীয় সংসদ, lit=National Parliament, translit=Jatiyô Sôngsôd), often referred to simply as the ''Sangsad'' or JS and also known as the House of the Nation, is the supreme legislative body of B ...
is dissolved, and immediate action is necessary, the
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
may make or promulgate Ordinances.


Part VI: The Judiciary


Chapter I: The Supreme Court

Declares that there is to be a
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
, consisting of an Appellate Division and a
High Court Division The High Court Division, Supreme Court of Bangladesh ( bn, হাইকোর্ট ডিভিশন) popularly known as the 'High Court' is one of the two divisions of the Supreme Court of Bangladesh, the other division being the Appellate D ...
. States that there is to be a Chief Justice and other Judges who are to be appointed by the
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
. Decrees that the Chief Justice and the other Judges will be
independent Independent or Independents may refer to: Arts, entertainment, and media Artist groups * Independents (artist group), a group of modernist painters based in the New Hope, Pennsylvania, area of the United States during the early 1930s * Independe ...
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 Dhaka ( or ; bn, ঢাকা, Ḍhākā, ), List of renamed places in Bangladesh, formerly known as Dacca, is the Capital city, capital and List of cities and towns in Bangladesh, largest city of Bangladesh, as well as the world's largest ...
. Specifies the
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...
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 A court of record is a trial court or appellate court in which a record of the proceedings is captured and preserved, for the possibility of appeal. A court clerk or a court reporter takes down a record of oral proceedings. That written 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. States that all authorities, executive and judicial, in the Republic will act in aid of the Supreme Court. Specifies the appointment procedure of the staff of the Supreme Court.


Chapter II: Subordinate Courts

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 Independent or Independents may refer to: Arts, entertainment, and media Artist groups * Independents (artist group), a group of modernist painters based in the New Hope, Pennsylvania, area of the United States during the early 1930s * Independe ...
in the exercise of their judicial functions.


Chapter III: Administrative Tribunals

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


Part VII: Elections

Makes provision for the establishment of an
Bangladesh Election Commission The Bangladesh Election Commission ( bn, বাংলাদেশ নির্বাচন কমিশন), abbreviated and publicly referred to as EC, is an independent constitutional body that operates the legal functions of election laws in ...
, 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.


Part VIII: The Comptroller and Auditor General

Makes provision for the establishment of a
Comptroller and Auditor General of Bangladesh The Office of the Comptroller and Auditor General of Bangladesh ( bn, বাংলাদেশের মহা হিসাব নিরীক্ষক ও নিয়ন্ত্রক এর কার্যালয়) ( C&AG) is the Supr ...
. 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.


Part IX: The Services of Bangladesh


Chapter I: Services

States that Parliament may by law regulate the appointment of persons employed by the Republic. Specifies the tenure in office for persons employed by the Republic. Outlines the procedure for the dismissal of persons from service to the Republic. Makes provision for the reorganisation of the services of the Republic ** Chapter II:Public Service Commissions * Part X: Amendment of the Constitution * Part XI: Miscellaneous


Freedom of religion

Freedom of religion Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freedo ...
is one of the cornerstones of Bangladesh's Constitution. Article 12 calls for
secularity Secularity, also the secular or secularness (from Latin ''saeculum'', "worldly" or "of a generation"), is the state of being unrelated or neutral in regards to religion. Anything that does not have an explicit reference to religion, either negativ ...
, 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.


International agreements

As of 2017, Bangladesh is a state party to the following international treaties concerning human rights. Bangladesh can in theory be held liable for its performance in the fields of these treaties. *
International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, fre ...
*
International Covenant on Economic, Social and Cultural Rights The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came in force from 3 January 197 ...
*
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (commonly known as the United Nations Convention Against Torture (UNCAT)) is an international human rights treaty under the review of the United Nation ...
*
International Convention on the Elimination of All Forms of Racial Discrimination The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is a United Nations convention. A third -generation human rights instrument, the Convention commits its members to the elimination of racial discri ...
*
Convention on the Prevention and Punishment of the Crime of Genocide The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), or the Genocide Convention, is an international treaty that criminalizes genocide and obligates state parties to pursue the enforcement of its prohibition. It was ...
*
Rome Statute of the International Criminal Court The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998Michael P. Scharf (August 1998)''Results of the R ...
*
Convention on the Rights of the Child The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The Co ...
* Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages *
Convention on the Rights of Persons with Disabilities The Convention on the Rights of Persons with Disabilities is an international human rights treaty of the United Nations intended to protect the rights and dignity of persons with disabilities. Parties to the convention are required to promote, ...
* Convention on the Elimination of All Forms of Discrimination against Women *
Convention on the Political Rights of Women The Convention on the Political Rights of Women was approved by the United Nations General Assembly during the 409th plenary meeting, on 20 December 1952, and adopted on 31 March 1953. The Convention's purpose is to codify a basic international ...
Among the notable agreements Bangladesh is not a state party to include the following. *
Convention relating to the Status of Refugees The Convention Relating to the Status of Refugees, also known as the 1951 Refugee Convention or the Geneva Convention of 28 July 1951, is a United Nations multilateral treaty that defines who a refugee is, and sets out the rights of individua ...
*
Convention relating to the Status of Stateless Persons The Convention Relating to the Status of Stateless Persons is a 1954 United Nations multilateral treaty that aims to protect stateless individuals. Surrounding events The United Nations Charter and Universal Declaration of Human Rights were a ...
*
Convention on the Reduction of Statelessness The Convention on the Reduction of Statelessness is a 1961 United Nations multilateral treaty whereby sovereign states agree to reduce the incidence of statelessness. The Convention was originally intended as a Protocol to the Convention Relat ...
*
International Convention for the Protection of All Persons from Enforced Disappearance The International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) is an international human rights instrument of the United Nations intended to prevent forced disappearance, which, as defined in international la ...
*
Indigenous and Tribal Peoples Convention The Indigenous and Tribal Peoples Convention, 1989 is an International Labour Organization Convention, also known as ILO Convention 169, or C169. It is the major binding international convention concerning indigenous peoples and tribal peop ...
*
Second Optional Protocol to the International Covenant on Civil and Political Rights The Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, is a subsidiary agreement to the International Covenant on Civil and Political Rights. It was created on 15 D ...
on abolishing the death penalty


Judicial precedent

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 The Supreme Court of Bangladesh ( bn, বাংলাদেশ সুপ্রীম কোর্ট) is the highest court of law in Bangladesh. It is composed of the High Court Division and the Appellate Division, and was created by Part VI C ...
, including its Appellate Division and the
High Court Division The High Court Division, Supreme Court of Bangladesh ( bn, হাইকোর্ট ডিভিশন) popularly known as the 'High Court' is one of the two divisions of the Supreme Court of Bangladesh, the other division being the Appellate D ...
, are binding in all subordinate courts.


Judicial review

The Constitution does not specifically mention the term
judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
, 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.


Constitutional reform

Dr.
Kamal Hossain Kamal Hossain (born 20 April 1937) is a founding leader, lawyer and politician of Bangladesh. He is known as the "father of the Bangladeshi constitution" and regarded as an icon of secular democracy in the Indian subcontinent. Hossain currently ...
, 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. Justice
Muhammad Habibur Rahman Muhammad Habibur Rahman (3 December 1928 – 11 January 2014) was a Chief Justice of Bangladesh Supreme Court in 1995. He was the Chief Adviser of the 1996 caretaker government which oversaw the Seventh parliamentary elections in Bangladesh. H ...
, a former Chief Justice and interim prime minister, proposed that a Constitution Commission be formed to explore the prospects for Constitutional reform.
A. T. M. Shamsul Huda A. T. M. Shamsul Huda was a Bangladeshi civil servant and former Chief Election Commissioner of Bangladesh. Career Huda joined the Pakistan Civil Service in 1966. He joined Bangladesh civil service after the Independence of Bangladesh. He retired ...
, a former Chief Election Commissioner, has called for a Constitutional amendment to ensure "checks and balances" and the
separation of powers Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typi ...
.


Amendments

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


Comparisons with other Constitutions

Bangladesh has a single codified document as its Constitution, as in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
,
India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area, the List of countries and dependencies by population, second-most populous ...
,
Brazil Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
,
Pakistan Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
,
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwee ...
and
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
. It is not an unwritten constitution or a set of Constitutional statutes, as in
Britain Britain most often refers to: * The United Kingdom, a sovereign state in Europe comprising the island of Great Britain, the north-eastern part of the island of Ireland and many smaller islands * Great Britain, the largest island in the United King ...
,
Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
,
Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by to ...
,
New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island coun ...
,
Saudi Arabia Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in Western Asia. It covers the bulk of the Arabian Peninsula, and has a land area of about , making it the fifth-largest country in Asia, the second-largest in the Ara ...
and
Sweden Sweden, formally the Kingdom of Sweden,The United Nations Group of Experts on Geographical Names states that the country's formal name is the Kingdom of SwedenUNGEGN World Geographical Names, Sweden./ref> is a Nordic countries, Nordic c ...
.


See also

* List of national constitutions


References


External links

*
Glimpses on pre-Constitutional documents of Bangladesh
{{Authority control Government of Bangladesh