Constitution Of Bangladesh In Bangla Pdf Download [VERIFIED]

It invokes constitutional supremacy, as opposed to legislative supremacy since it was created by a constituent assembly not Parliament and was adopted by the people of Bangladesh in its preamble. Parliament cannot quash parts of the Constitution.[5]

It was adopted by the Constituent Assembly of Bangladesh on 4 November 1972 and became effective on 16 December 1972. The Constitution replaced the Proclamation of Independence as the country's fundamental instrument of government. The Constitution became effective on Bangladesh's Victory Day, precisely one year after the signing of the Instrument of Surrender.[5] The constitution has been amended 17 times since its adoption, a two-thirds supermajority is required in the Jatiya Sangsad to secure a constitutional amendment.

Constitution Of Bangladesh In Bangla Pdf Download

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Bangladesh has a single codified document as its Constitution, as in the United States, India, Brazil, Pakistan, Germany and France. It is not an unwritten constitution or a set of Constitutional statutes, as in Britain, Israel, Canada, New Zealand, Saudi Arabia and Sweden.

In 1977, secularism was removed from the constitution by a Martial Law directive during the military dictatorship of Ziaur Rahman. In 1988, the Parliament of Bangladesh declared Islam as the state religion during the presidency of Hussain Muhammad Ershad.[4] After the restoration of parliamentary democracy in 1990, the Bangladesh Nationalist Party (BNP) and Awami League governments retained Islam as the state religion. In 2010, the Bangladesh Supreme Court ruled that the removal of secularism in 1977 was illegal because it was done by an unconstitutional martial law regime. The court reinstated secularism in the constitution. The principle of secularity now co-exists with the state religion.[5][6]

The preamble of the Bangladeshi constitution declares secularity as a basic constitutional principle. The second paragraph reads "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".[9]

Article 8 of the constitution enshrines secularism as a basis for government policy. Part II of the constitution includes the fundamental principles of state policy. These 16 principles will have to be guided by secularism. Article 8 provides that "The principles of nationalism, socialism, democracy and secularism, together with the principles derived from those as set out in this Part, shall constitute the fundamental principles of state policy. The principles set out in this Part shall be fundamental to the governance of Bangladesh, shall be applied by the State in the making of laws, shall be a guide to the interpretation of the Constitution and of the other laws of Bangladesh, and shall form the basis of the work of the State and of its citizens, but shall not be judicially enforceable".[2]

Secularity is further explained in Article 12 of the constitution. Article 12 sets out several goals, including the elimination of inter-religious conflict, the prohibition of religious discrimination and discouraging the use of religion in politics. The article is quoted below:-[3]

The Constitution of Bangladesh was adopted by the Constituent Assembly of Bangladesh on 4 November 1972. It came into effect on 16 December 1972. The Constitution Drafting Committee was chaired by Law Minister Dr. Kamal Hossain. The Bangladeshi constitution became the second in South Asia to specifically use the word "secularism" in its text.[1] This was followed by the Forty-second Amendment of the Constitution of India in 1976. A decisive change from the pre-liberation East Pakistan period was that religion-based political parties were banned. This meant the theocratic Jamaat-e-Islami, which opposed Bangladesh's independence and faced allegations of involvement in the 1971 Bangladesh genocide, was banned.

On 4 May 1976, Proclamation Order III revoked the ban on religion-based political parties. On 23 April 1977, Chief Martial Law Administrator Ziaur Rahman issued the Proclamations (Amendment) Order 1977 that was published in an extraordinary Bangladesh Gazette. Zia inserted the Islamic phrase Bismillah in the constitution's preamble and replaced "secularism" with "Absolute Trust and Faith in the Almighty Allah".[11] Zia also amended Article 25 by inserting a provision which read that "The State shall endeavor to consolidate, preserve and strengthen fraternal relations among Muslim countries based on Islamic solidarity".[11] Zia later contradicted his own proclamation, remarking that "Eventually an effective political ideology cannot be based on any certain religion. Religion can offer some contribution, but an entire political activism cannot be oriented in accordance with religion. Political history of this region has the example of religion-based politics attempted during Pakistan era and it failed. Not only in Islam, people in other religions of many regions try to keep on politics based on religion. It's not right. It's important and it should be remembered".[12] The Martial Law proclamation was approved by parliament in 1979; but this was declared illegal in the case of Bangladesh Italian Marble Works Ltd. v. Government of Bangladesh.

On 9 June 1988, the parliament of Bangladesh passed the eighth constitutional amendment. Article 2A was inserted to declare Islam as the state religion. This was seen as a move by President H M Ershad to win support among right-wing voters. Many MPs could not oppose the amendment due to Article 70 of the Constitution of Bangladesh which prohibits MPs from voting against their party. In 2011, Article 2A was amended to read "The state religion of the Republic is Islam, but the State shall ensure equal status and equal right in the practice of the Hindu, Buddhist, Christian and other religions".[13]

The Fifth Amendment of the constitution was declared illegal by the High Court of Bangladesh in 2005,[14] the government restored a constitution "in the spirit of the constitution of 1972"[15] which also included secularism as one of the state principles. Nevertheless, the opening words 'bismillah-ar-rahman-ar rahim' (In the name of Allah, the Beneficent, the Merciful), that were added in 1997, remained in the constitution.[16] In 2010, the Supreme Court of Bangladesh upheld the 2005 High Court ruling that the Fifth Amendment to the constitution was illegal.[17][18][19]

After the Eighth Amendment of the constitution on 7 June 1988, 15 personalities had filed a public interest litigation challenging the provision of state religion.[20] On 1 August 2015, a Supreme Court lawyer named Samendra Nath Goswami filed another petition with the High Court challenging the legality of the constitutional provision of Islam as the state religion despite revival of "secularism" as a fundamental state policy under a 2011 amendment to the Constitution.[21] On 28 March 2016, the high court rejected the petition and retained Islam as the state religion.[22][23]

Bangladesh continues to follow colonial era segregated family laws based on religion, which is also the case in India and Pakistan. According to Arpeeta Shams Mizan of the Law Faculty in the University of Dhaka, "In Bangladesh, family law equals to religious law. Almost all marriages (be it Bangalee or indigenous) are intra-religious, homogenous, and conducted following the religious norms and customs. The only law allowing 'civil marriage', i.e. interreligious marriage is the age old Special Marriage Act 1872, which contains a blatantly unconstitutional provision. Section 2 of this Act totally bars a Muslim, a Hindu, a Buddhist and a Christian to opt for interreligious marriage. In practice, the provision has translated in parties making an affidavit before a notary denouncing their faith and claiming that they do not follow any particular religion. While freedom of religion is a fundamental right under the Bangladeshi Constitution, and while as per the Committee on Civil and Political Rights this right to freedom of thought, conscience and religion implies that marriage laws of each State should provide for the possibility of both religious and civil marriages; the 1872 Act offers right to marry at the cost of foregoing freedom of religion".[8]

The President is the Head of State, a largely ceremonial post. The real power is held by the Prime Minister, who is the head of government. The president is elected by the legislature every five years and has normally limited powers that are substantially expanded during the tenure of a caretaker government, mainly in controlling the transition to a new government. Bangladesh has instituted a unique system of transfer of power; at the end of the tenure of the government, power is handed over to members of a civil society for three months, who run the general elections and transfer the power to elected representatives. This system was first practiced in 1991 and adopted to the constitution in 1996.[6]

Passed on 15 July 1973, the first amendment was made to the Article 47 of the constitution. The amendment inserted an additional clause, Article 47(3), that states that any law regarding prosecution or punishment of war crimes cannot be declared void or unlawful on grounds of unconstitutionality. A new Article 47A was also added, which specifies that certain fundamental rights will be inapplicable in those cases.[5]

The second amendment of the constitution was passed on 22 September 1973. It suspended some of the fundamental rights of the citizens during a state of emergency. The act made following changes to the constitution:[6]

Third Amendment was passed on 28 November 1974 that brought changes in Article 2 of the constitution. An agreement was made between Bangladesh and India in respect of exchange of certain enclaves and fixation of boundary lines between the countries.[7]

The Fifth Amendment Act was passed by the Jatiya Sangsad on 6 April 1979. This Act amended the Fourth Schedule to the constitution by adding a new paragraph 18 thereto, which provided that all amendments, additions, modifications, substitutions and omissions made in the constitution during the period between 15 August 1975 and 9 April 1979 (both days inclusive) by any Proclamation or Proclamation Order of the Martial Law Authorities had been validly made and would not be called in question in or before any court or tribunal or authority on any ground whatsoever.[8] 2351a5e196