Constitution of Bangladesh

From Wikipedia, the free encyclopedia

Bangladesh

This article is part of the series:
Politics and government of
Bangladesh



Other countries • Politics Portal
view  talk  edit

The constitution of Bangladesh is the supreme law in Bangladesh.

Contents

[edit] History

Following the Bangladesh Liberation War of 1971, Bangladesh became independent on December 16, 1971. After the independence, the first constituent assembly was formed by the lawmakers from Awami League who were previously elected in East Pakistan provincial assembly in the Pakistani election of 1970. The constitution of Bangladesh was adopted by the Constituent Assembly on 4 November 1972. It came into effect from 16 December 1972, on the first anniversary of the victory day.

[edit] Articles

The constitution of Bangladesh is divided into 11 parts, which are further subdivided into 153 articles. In addition, there are 4 schedules.

[edit] Preamble

[edit] Part I: The Republic

This section defines the nature of the country, its state religion and other national issues. According to it, Peoples' Republic of Bangladesh is a unitary republic consisting of the territories of the former East Pakistan and also included territories (some enclaves exchanged with India). The state religion is Islam, but all other religions can be practised in peace and harmony. The state language is Bangla and the national anthem is the first ten line of the song Amar Shonar Bangla written by Rabindranath Tagore. The national flag is a red circle on a green background. The national emblem is the national flower Shapla (nympoea-nouchali) resting on water, having on each side and ear of paddy and being surmounted by three connected leaves of jute with two stars on each side of the leaves. This section also mandates that the portrait of prime minister must be displayed in all government, semi-government and autonomous offices. The capital of the country is Dhaka. The citizens are to be known as Bangladeshis.

Finally Part I asserts that all power belong to the people and the constitution, being the supreme law of the country, will supersede any other laws and regulations.

[edit] Part II: Fundamental principles of state policy

This part describes the fundamental principles. The original 1972 constitution had 4 basic principles: Secularity, Nationalism, Democracy and Socialism (meaning economic and social justice for all). However, later amendments replaced Secularity with Absolute trust and faith in the Almighty Allah.

Part II's article 9, 10, and 11 declares the rights of the people. Article 9 provides guidelines for quotas for the underrepresented communities, women, and peasants. Article 10 states the equal rights of women. Article 11 states that Bangladesh would be a democracy, with guaranteed human rights. Article 13, 14, 15, and 16 deal with principal of ownership, emancipation of workers and peasants, provision of basic necessities, and rural development. Article 17 states that the basic education will be free and compulsory for all children. The remaining articles (18-25) provide various guarantees for public health and morality, equality of opportunity, work as a right and duty, duties of citizens and of public servants, separation of Judiciary from the executive, national culture, national monuments, and promotion of international peace, security and solidarity, respectively.

[edit] Part III: Fundamental rights

[edit] Laws inconsistent with fundamental rights to be void

(1) All existing law inconsistent with the provisions of this Part shall, to the extent of such inconsistency, become void on the commencement of this Constitution.

(2) The State shall not make any law inconsistent with any provisions of this Part, and any law so made shall, to the extent of such inconsistency, be void.

(3) Nothing in this article shall apply to any amendment of this Constitution made under article 142.

[edit] Equality before law

This part states that all Bangladeshi citizens regardless of race, religion etc. are equal in before the judiciary system of Bangladesh.

[edit] Discremination on grounds of religion, etc.

[edit] Eqality of opportunity in public employment

[edit] Prohibition of foreign titles, etc.

[edit] Right to protection of law

[edit] Protection of right to life and personal liberty

[edit] Safegards as to arrest and detention

[edit] Prohibition of forced labour

[edit] Protection in respect of trial and punishment

[edit] Freedom of movement

[edit] Freedom of assembly

[edit] Freedom of association

[edit] Freedom of thought and conscience, and of speech

[edit] Freedom of procession or occupation

[edit] Freedom of religion

[edit] Rights of property

[edit] Protection of home and correspondence

[edit] Enforcement of fundamental rights

[edit] Modification of rights in respect of disciplinary law

[edit] Power to provide indemnity

[edit] Saving for certain laws

[edit] Inapplicability of certain articles

[edit] Part IV: The Executive

[edit] Chapter I - The President

[edit] Chapter II - The Prime Minister and the Cabinet

[edit] Chapter II A - Non-Party Caretaker Government

[edit] Chapter III - Local Government

[edit] Chapter V - The Attorney General

[edit] Part V: The Legislature

[edit] Chapter I - Parliament

[edit] Chapter II- Legislative and financial procedures

[edit] Chapter III - Ordinance Making Power

[edit] Part VI: The Judiciary

[edit] Chapter I - The Supreme Court

[edit] Chapter II - Subordinate Courts

[edit] Chapter III - Administrative Tribunals

[edit] Part VIA: the National Party - [omitted]

[edit] Part VII: elections

[edit] Part VIII: the comptroller and auditor-general

[edit] Part IX: the services of Bangladesh

[edit] Chapter I - services

[edit] Chapter II - public service commissions

[edit] Part IXA: emergency provisions

[edit] Part X: amendment of the constitution

[edit] Part XI: miscellaneous

[edit] Schedules

[edit] First schedule - laws effective notwithstanding other provisions

[edit] Second schedule - election of President [omitted]

[edit] Third schedule - oaths and affirmations

[edit] Fourth schedule - transitional and temporary provisions

[edit] See also

[edit] External link

In other languages