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The Constitution of Bangladesh ( an!la : Bangladesh Shongbidhan "is the supreme law of an!ladesh # $t declares an!ladesh as a secular democraticrepu%lic where soverei!nty %elon!s to the people& ['] and lays down the frameworkdefinin! fundamental political principles of the state and spells out the fundamental ri!htsof citi ens# )assed %y the *onstituent Assem%ly of an!ladesh on +ovem%er , '-./, itcame into effect from 0ecem%er '1, '-./, the day commemorated as 2ictory 0ay in thecountry, markin! the defeat of the )akistan Army in the an!ladesh 3i%eration War # Theconstitution declares an!ladesh to %e a unitary , independent and soverei!n 4epu%lic ,founded on a stru!!le for national li%eration, which will %e known as the )eople5s

4epu%lic of an!ladesh# $t pled!es nationalism , democracy , socialism and secularity asthe fundamental principles definin! the 4epu%lic and declares the pursuit of a society thatensures its citi ens6 the rule of law, fundamental human rights and freedoms as well asequality and justice, political, economic and social .[/][ 7][ ]

When enacted in '-./, the *onstitution of an!ladesh was hailed %y international 8uristsand le!al historians and as one of the most pro!ressive and democratic constitutions inmodern history and one that inspired pro!ressive political aspirations amon! third world

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countries and populations stru!!lin! for self6determination #[citation needed ] $n '-.., durin! themilitary rule of president 9iaur 4ahman , secularism, one of the principles of state policy,was chan!ed to a%solute trust and faith in the Almi!hty Allah (the other principles ofnationalism, democracy and socialism were retained"# [;] $n Au!ust, /<<;, the an!ladesh=i!h *ourt ruled that constitutional amendments durin! military rule were ille!al and

unconstitutional, and hence nullified# After several le!al protests, the an!ladesh>upreme *ourt , in ?anuary, /<'<, upheld the earlier verdicts of the =i!h *ourt #[1] The 8ud!ement of an!ladesh5s hi!hest courts paved way for the return of the ori!inal natureof the constitution, that defines an!ladesh as a secular democracy# [.]

Contents

[hide ]• ' ack!round and >pirit• / )ream%le

o /#' Full Te@t• 7 Or!ans of the >tate• Articles

o #' )art $: The 4epu%lico #/ )art $$: Fundamental principles of state policy

• ; Amendmentso ;#' >ummary of amendmentso ;#/ Fifth Amendment almost repealed

• 1 4eferences

• . @ternal links

Background and Spirit

See Also: Six point movement , Bengali anguage !ovement , Bangladesh iberation "ar

The ideals of the an!ladesh li%eration movement inspired the formulation of the*onstitution of an!ladesh

an!ladesh was esta%lished after ast )akistan %roke away from )akistan in '-.' after atwenty five year union that saw widespread economic and political discrimination a!ainst

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the ethnic en!ali ma8ority& suppression of the secular en!ali culture and lin!uisticherita!e& and military rule# $n the early years of )akistan5s independence, en!alis

protested a!ainst attempts %y West )akistan to impose Brdu , a lan!ua!e remote to theeastern $ndian su%continent, as the sole state lan!ua!e of )akistan# The su%seCuent

en!ali 3an!ua!e Dovement in '-;/ !ave rise to en!ali lin!uistic and cultural

nationalism in the province of ast en!al , as opposed to $slamic nationalism in the restof )akistan# en!ali resentment a!!ravated over the years as the democratically elected provincial !overnments in ast en!al were dismissed, the name of the province waschan!ed to ast )akistan, !reater discrimination prevailed in recruitment and promotionsin the civil services and armed forces, harsher restrictions were imposed on secular

en!ali culture, economic disparity %etween ast and West )akistan widened and theincreased suppression on en!ali political parties and leaders %y the )akistani militaryand its $slamic fundamentalist allies #[E]

$n the late '-1<s, the main en!ali political party, the Awami 3ea!ue , proposed the >i@)oint demands as the %asis for a new constitution in )akistan# 0rafted %y leadin! en!ali

intellectuals and nationalists 4ehman >o%han , ovinda *handra 0ev , Dohammad>hamsu oha , Gamal =ossain and Ta8uddin Ahmad , the si@ points envisioned )akistanas a parliamentary democracy where supremacy lies with a le!islature directly elected onthe %asis of universal suffra!e # The >i@ )oints were also %ased on the Two conomiesTheory also evoked, amon! en!alis, a nationalistic reminiscence similar to that of theTwo6+ation Theory , that drove the foundin! of )akistan# $t served as the economic

8ustification for en!ali nationalism and independence from the feudal and militaryesta%lishment of West )akistan# The >i@ point movement would %e spearheaded %y thecharismatic Awami 3ea!ue leader >heikh Du8i%ur 4ahman in a popular movement thaten!ulfed the entire province of ast )akistan# Afterwards, >heikh Du8i% alon! withsenior leadership of the Awami 3ea!ue, would %e arrested and tried for treason in the

A!artala *onspiracy *ase # >heikh Du8i% also placed the proposals at a meetin! in '-11, %etween )resident Ayu% Ghan and all other opposition parties# The proposals werere8ected %y Ayu% Ghan and all ma8or West )akistan %ased political parties# [-]

The tensions provoked %y the >i@ point movement would contri%ute to the fall of theAyu% Ghan re!ime and lead to the '-.< elections , which were overwhelmin!ly won %ythe Awami 3ea!ue# ['<] The su%seCuent refusals %y the )akistani military to hand over

power to the Awami 3ea!ue eventually culminated in the an!ladesh 3i%eration War #0urin! the war the )akistani military a!ain imposed martial law and committed widespread atrocities a!ainst the en!ali population# They were aided %y $slamicfundamentalist parties and militias # The war ended in 0ecem%er, '-.' with the victory of

en!ali nationalists and emer!ence of an!ladesh# [''] $n '-./, the 7<< mem%ers electedto the ast )akistan 3e!islative Assem%ly in the '-.< elections, were made mem%ers ofthe *onstituent Assem%ly of an!ladesh# An all6party committee (e@cept $slamicfundamentalist parties" headed %y 0r# Gamal =ossain , the Dinister of 3aw in the new!overnment, was tasked to draft the constitution of the new country# The constitutiondraftin! committee consisted of mem%ers of all parties in the constituent assem%ly,includin! the Awami 3ea!ue , +ational Awami )arty , ?atiya >ama8tantrik 0al and theseven independent lawmakers#

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The constitution draftin! committee would take inspiration from the intellectual thou!htthat drove the >i@ point movement and the li%eration war & the herita!e of democraticstru!!le %y en!alis in the $ndian >u%continent , durin! %oth the ritish 4a8 and the)akistan era& and the secular en!ali culture in formulatin! the constitution# The draftersof the constitution also identified the features of the )akistani state that created

widespread discontent in its population, particularly the en!alis# One such feature wasthe reli!ion %ased polity that !ave opportunity to the military to influence politics# Theyalso felt that reli!ious nationalism failed to esta%lish a sustaina%le state in )akistan#Geepin! in mind the lack of democracy and powerful influence of the military in)akistan, the drafters of the constitution envisioned an!ladesh as a secular democracy , in order to esta%lish a pro!ressive and sustaina%le state# ['/] The secular nature of en!aliculture also served as an important motivation in inspirin! a secular state for an!ladesh#

Pream le

The pream%le to the *onstitution of an!ladesh is the introductory statement that sets outthe !uidin! purpose and principles of the document# The pream%le is not an inte!ral partof the constitution in the sense that it is enforcea%le in a court of law#

)rime Dinister >heikh Du8i%ur 4ahman si!nin! the constitution into law on 2ictory0ay , '-./

Full !ext

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We, the people of an!ladesh, havin! proclaimed our $ndependence on the /1th day ofDarch, '-.' and throu!h a historic stru!!le for national li%eration, esta%lished theindependent, soverei!n )eople5s 4epu%lic of an!ladesh&

)led!in! that the hi!h ideals of nationalism, democracy, socialism and secularity, which

inspired our heroic people to dedicate themselves to, and our %rave martyrs to sacrificetheir lives in the stru!!le for national li%eration, shall %e fundamental principles of the*onstitution&

Further pled!in! that it shall %e a fundamental aim of the >tate to realise throu!h thedemocratic process, a socialist society free from e@ploitation, a society in which the ruleof law, fundamental human ri!hts and freedoms, eCuality and 8ustice, political, economicand social, will %e secured for all citi ens&

Affirmin! that it is our sacred duty to safe!uard, protect and defend this *onstitution andto maintain its supremacy as the em%odiment of the will of the people of an!ladesh so

that we may prosper in freedom and may make our full contri%ution towards international peace and co6operation in keepin! with the pro!ressive aspirations of mankind&

$n our *onstituent Assem%ly, this ei!hteenth day of Gartick, '7.- #> correspondin! tothe fourth day of +ovem%er, '-./ A#0#, do here%y adopt, enact and !ive to ourselves this*onstitution#

"rgans of the State

As per the constitution of the repu%lic it comprises three %asic or!ans:

'# 3e!islative ranch/# @ecutive ranch7# ?udicial ranch

Articles

The constitution of an!ladesh is divided into '' parts, which are further su%divided into';7 articles# $n addition, there are schedules#

Part #$ !he %epu lic

This section defines the nature of the country, its state reli!ion and other national issues#Accordin! to it, )eoples 4epu%lic of an!ladesh is a unitary repu%lic consistin! of theterritories of the former ast )akistan and also included territories (some enclavese@chan!ed with $ndia"# The state reli!ion is $slam, %ut all other reli!ions can %e practisedin peace and harmony# The state lan!ua!e is an!la and the national anthem is the firstten line of the son! Amar >onar an!la written %y 4a%indranath Ta!ore # The nationalfla! is a red circle on a !reen %ack!round# The national em%lem is the national flower

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>hapla (nympoea6nouchali" restin! on water, havin! on each side and ear of paddy and %ein! surmounted %y three connected leaves of 8ute with two stars on each side of theleaves# This section also mandates that the portrait of prime minister must %e displayed inall !overnment, semi6!overnment and autonomous offices# The capital of the country is0haka # The citi ens are to %e known as an!ladeshis #

Finally )art $ asserts that all power %elon! to the people and the constitution, %ein! thesupreme law of the country, will supersede any other laws and re!ulations#

Part ##$ Fundamental principles of state policy

This part descri%es the fundamental principles# The ori!inal '-./ constitution had %asic principles: >ecularity , +ationalism , 0emocracy and >ocialism (meanin! economic andsocial 8ustice for all"# =owever, later amendments replaced >ecularity with A%solutetrust and faith in the Almi!hty Allah shall %e the %asis of all actions# ['7]

)art $$5s article -, '<, and '' declares the ri!hts of the people# Article - provides!uidelines for Cuotas for the underrepresented communities, women, and peasants#Article '< states the eCual ri!hts of women# Article '' states that an!ladesh would %e ademocracy, with !uaranteed human ri!hts# Article '7, ' , ';, and '1 deal with principalof ownership, emancipation of workers and peasants, provision of %asic necessities, andrural development# Article '. states that the %asic education will %e free and compulsoryfor all children# The remainin! articles ('E6/;" provide various !uarantees for pu%lichealth and morality, eCuality of opportunity, work as a ri!ht and duty, duties of citi ensand of pu%lic servants, separation of ?udiciary from the e@ecutive, national culture,national monuments, and promotion of international peace, security and solidarity,respectively#

Amendments

As of /<'' the *onstitution of the )eople5s 4epu%lic of an!ladesh has %een amended 'times#

Summary of amendments

First Amendment$ The *onstitution (First Amendment" Act '-.7 was passed on '; ?uly'-.7# $t amended Article . of the *onstitution %y insertin! an additional clause whichallowed prosecution and punishment of any person accused of 5!enocide, crimes a!ainsthumanity or war crimes and other crimes under international law5# A new Article .Awas also inserted, makin! certain fundamental ri!hts inapplica%ile in those cases#

Second Amendment$ The *onstitution (>econd Amendment" Act '-.7 was passed on// >eptem%er '-.7# This act:

• amended Articles /1, 17, ./ and ' / of the *onstitution&• replaced Article 77& and

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• inserted a new part ()art $HA"#

)rovision was made throu!h this amendment for the suspension of certain fundamentalri!hts of citi ens durin! an emer!ency#

!hird Amendment$ The *onstitution (Third Amendment" Act '-. was enacted on /E +ovem%er '-. # This amendment altered Article / of the *onstitution to !ive effect to ana!reement %etween an!ladesh and $ndia for the e@chan!e of certain enclaves, and thefi@in! of %oundary lines %etween the two countries#

Fourth Amendment$ The *onstitution (Fourth Amendment" Act '-.; was passed on /;?anuary '-.;# Da8or chan!es were %rou!ht into the *onstitution %y this amendment:

• a presidential form of !overnment was introduced in place of the parliamentarysystem&

• a one6party system was introduced in place of a multi6party system&•

the powers of the ?atiya >an!sad were curtailed&• the term of the first ?atiya >an!sad was e@tended&• the 8udiciary lost much of its independence& and• the >upreme *ourt was deprived of its 8urisdiction over the protection and

enforcement of fundamental ri!hts#

This Act:

• amended articles '', 11, 1., ./, . , .1, E<, EE, -;, -E, '<-, ''1, ''., ''-, '//,'/7, ' 'A, ' . and ' E of the *onstitution&

• replaced Articles , .<, '</, ''; and '/ &• repealed )art $$$ of the *onstitution&• altered the Third and Fourth >chedules&• inserted a new part ()art 2$A"& and• inserted new articles .7A and ''1A#

Fifth Amendment$ The Fifth Amendment Act was passed %y the ?atiya >an!sad on 1April '-.-# This Act amended the Fourth >chedule to the *onstitution %y insertin! a new

para!raph 'E# The effect of the amendment was that all amendments or repeals made inthe *onstitution from '; Au!ust '-.; to - April '-.- (inclusive" %y any proclamation or)roclamation Order of the Dartial 3aw Authorities were deemed to have %een validlymade, and could not %e called into Cuestion %efore any court or tri%unal or other

authority# (>ee also the >eventh Amendment#"

Sixth Amendment$ The >i@th Amendment Act was enacted %y the ?atiya >an!sad& itamended Articles ;' and 11 of the *onstitution#

Seventh Amendment$ The >eventh Amendment Act was passed on '' +ovem%er '-E1#$t amended Article -1 of the *onstitution& it also amended the Fourth >chedule to the*onstitution %y insertin! a new para!raph '-, which amon!st other thin!s provided that

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all proclamations, proclamation orders, *hief Dartial 3aw Administrator5s Orders,Dartial 3aw 4e!ulations, Dartial 3aw Orders, Dartial 3aw $nstructions, ordinances andother laws made from / Darch '-E/ to '' +ovem%er '-E1 (inclusive" had %een validlymade, and could not %e called into Cuestion %efore any court or tri%unal or otherauthority# (>ee also the Fifth Amendment#"

Eighth Amendment$ The i!hth Amendment Act was passed on . ?une '-EE# $tamended Articles /, 7, ;, 7<, and '<< of the *onstitution# This Amendment:

• declared $slam as the state reli!ion &• decentralised the 8udiciary %y settin! up si@ permanent %enches of the =i!h *ourt

0ivision outside 0haka&• su%stituted the term 5 en!ali5 with 5 an!la5, and chan!ed 50acca5 to 50haka5, in

Article ; of the *onstitution&• amended Article 7< of the *onstitution %y prohi%itin! the acceptance of any title,

honours, award, or decoration from any forei!n state %y any citi en of an!ladesh

without the prior approval of the president#

The amendment of Article '<< was su%seCuently declared invalid %y the >upreme *ourt,as it altered the %asic structure of the constitution#

&inth Amendment$ The *onstitution (+inth Amendment" Act '-E- was passed in ?uly'-E-# This amendment provided for the direct election of the 2ice6)resident& it restricteda person in holdin! the office of the )resident for two consecutive terms of five yearseach& and it provided that a 2ice6)resident mi!ht %e appointed in case of a vacancy in theoffice of )resident, %ut that such an appointment must %e approved %y the ?atiya >an!sad#

!enth Amendment$ The Tenth Amendment Act was enacted on '/ ?une '--<# Amon!stother thin!s, it amended Article 1; of the *onstitution, providin! for the reservation ofthirty seats in the ?atiya >an!sad e@clusively for women mem%ers# The reservation was tolast for '< years, with the mem%ers holdin! the reserved seats to %e elected %y themem%ers of the >an!sad#

Eleventh Amendment$ The leventh Amendment Act was passed on 1 Au!ust '--'# $tamended the Fourth >chedule to the *onstitution %y addin! a new para!raph /',validatin! the appointment and oath as 2ice )resident of >haha%uddin Ahmed (*hief?ustice of an!ladesh ", and the resi!nation tendered to him on 1 0ecem%er '--< %y thethen )resident =ussain D rshad # This Act ratified, confirmed and validated all powers

e@ercised, all laws and ordinances promul!ated, all orders made and acts and thin!s done,and actions and proceedin!s taken %y the 2ice )resident as actin! )resident from 10ecem%er '--< to - Octo%er '--' (when A%dur 4ahman iswas %ecame )residentfollowin! his election"# The Act also confirmed and made possi%le the return of 2ice)resident >haha%uddin Ahmed to his previous office as *hief ?ustice of an!ladesh#

!'elfth Amendment$ The Twelfth Amendment Act, passed on 1 Au!ust '--' andapproved %y referendum in >eptem%er, %rou!ht a%out a fundamental chan!e to

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an!ladesh5s constitutional arran!ements# $t amended Articles E, ;;, ;1, ;., ;E, ;-, 1<,.<, ./, '<-, ''-, '/ , ' 'A, and ' / of the *onstitution with the followin! results:

• the parliamentary form of !overnment was re6introduced&• the )resident %ecame the constitutional head of the state&•

the )rime Dinister %ecame the head of the e@ecutive&• the ca%inet headed %y the )rime Dinister %ecame responsi%le to the ?atiya

>an!sad&• the position of 2ice )resident was a%olished&• the office of )resident now %ecame elected %y the mem%ers of the ?atiya >an!sad#

Throu!h the amendment of Article ;- this amendment also ensured the participation ofthe people5s representatives in local !overnment %odies, thus sta%ilisin! the %ase ofdemocracy in the country#

!hirteenth Amendment$ The *onstitution (Thirteenth Amendment" Act '--1 was

passed on /1 Darch '--1# $t provided for a non6party caretaker !overnment which,actin! as an interim !overnment, would !ive all possi%le aid and assistance to thelection *ommission for holdin! the !eneral election of mem%ers of the ?atiya >an!sad

peacefully, fairly and impartially# The non6party caretaker !overnment, comprisin! the*hief Adviser and not more than '< other advisers, would %e collectively responsi%le tothe president and would stand dissolved on the date on which the )rime Dinister enteredupon his office after the constitution of the new >an!sad# [' ]

Fourteenth Amendment$ The *onstitution (Fourteenth Amendment" Act, /<< was passed on '1 Day /<< # This amendment amended several articles of the *onstitution:

•

a new Article A was inserted, for the preservation and display of the portraits ofthe )resident and the )rime Dinister&• clause (7" of Article 1; was amended re!ardin! the seats reserved e@clusively for

women mem%ers in the )arliament&• Articles -1 ('", '/-, and '7- were amended to raise the retirement a!e of the

?ud!es of the >upreme *ourt, the Auditor eneral, and the *hairman and othermem%ers of the )u%lic >ervice *ommission ()>*"& and

• Article ' E was amended, to provide for the administration of the oath to newly6elected mem%ers of )arliament %y the *hief lection *ommissioner#

Fifth Amendment almost repealed

$n '-.., when an!ladesh was under martial law , )resident and *hief Dartial 3awAdministrator Da8or eneral 9iaur 4ahman passed a presidential decree that removedthe principle of secularism from the permea%le of the constitution and instead of it,

placed #absolute trust and faith in the Almighty Allah# # The decree was later le!itimi ed %y the second parliament of an!ladesh#

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$n ?anuary, /<'<, the an!ladesh >upreme *ourt o%served that parliament does not possess any authority to suspend the constitution and proclaim martial law and hence, itcannot le!itimi e actions of martial law re!imes# The 8ud!ment paved way for restorin!the ori!inal four fundamental principles declared in the permea%le of the constitution,includin! secularity# [';][ '1]

The >upreme *ourt followed with a ?uly /<'< rulin! scrappin! provisions which allowedreli!ious parties to flourish after '-.-# The rulin! is e@pected to pave the way for a returnto complete secularism in an!ladeshi law #['.]

%eferences

'# ( http:IIwww#%dnews/ #comIdetails#phpJcidK/LidK'.;/.'Lh%K/# ( http:IIwww#thedailystar#netInew0esi!nInews6details#phpJnidK'/ 1 '7# ( http:IIwww#thedailystar#netInew0esi!nInews6details#phpJnidK'/ 1 <

# ( http:IIwww#pmo#!ov#%dIpmoli%IconstitutionI;# ( +) to work on pu%lic sentiment1# ( http:IIwww#thedailystar#netInew0esi!nInews6details#phpJnidK'/<711.# ( http:IIwww#thedailystar#netInew0esi!nInews6details#phpJnidK'/ 1 <E# ( http:IIwww#newa!e%d#comI/<<;IdecI'1IvdI<'#html-# ( http:IIwww#cpd6%an!ladesh#or!IactivitiesIrsM%ookMlaunch#html'<# ( (>ource #W# *houdhury ('-. " The last days of Bnited )akistan p'/E6'/-"''# ( (>ource #W# *houdhury ('-. " The last days of Bnited )akistan p'/E6'/-"'/# ( http:IIwww#newa!e%d#comI/<<;IdecI'1IvdI<'#html'7# ( *onstitution of an!ladesh: )art $$: Fundamental )rinciples of >tate )olicy #

$hief Adviser%s &ffice# )rime Dinister5s Office# overnment of the )eople5s4epu%lic of an!ladesh#

' # ( http:IIwww#%an!lapedia#or!IhttpdocsI=TI*M<771#=TD';# ( http:IIwww#thedailystar#netInew0esi!nIlatestMnews#phpJnidK/'-./'1# ( http:IIwww#thedailystar#netInew0esi!nIlatestMnews#phpJnidK/'-.-'.# (

http:IIwww#!oo!le#comIhostednewsIafpIarticleIA3eCD;hM;TM%!%ToWa CG/!@HA*DFuy>o!

External links• Full te@t of the constitution on Bangladesh 'arliament Ns we%site

)sho' *v · d · e&ational sym ols ofBangladesh

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