Introduction:
The Constitution of Bangladesh was adopted on November 4, 1972, after the country achieved independence from Pakistan. It provides the framework for the functioning of the government, the rights and obligations of citizens, and the relationship between the state and its people. The Constitution has undergone several amendments over the years, but its core features remain intact. In this article, we will discuss the salient features of the Bangladeshi Constitution.
- Preamble:
The preamble of the Bangladeshi Constitution declares the country as a democratic, secular, and socialist state. It outlines the basic principles of the Constitution, including the commitment to fundamental human rights, equality, and social justice. It also recognizes the sacrifices made by the people of Bangladesh in their struggle for independence and the need to establish a society free from exploitation, oppression, and injustice.
- Fundamental Rights:
Bangladesh’s Constitution guarantees its citizens fundamental rights, including the right to life, liberty, and security of person; freedom of speech, expression, and assembly; freedom of religion; and the right to a fair trial. The courts enforce these rights, and any law or action that violates these rights can be challenged in court.
- Separation of Powers:
The Constitution of Bangladesh establishes a system of separation of powers between the executive, legislative, and judicial branches of government. The executive power is vested in the Prime Minister and the Cabinet, while the legislative power is vested in the Parliament. The judiciary is independent and has the power to interpret the Constitution and review the actions of the other branches of government.
- Parliamentary System:
Bangladesh follows a parliamentary system of government, where the Prime Minister is the head of government and the President is the head of state. The Prime Minister is appointed by the President and is accountable to the Parliament. The Parliament consists of the National Assembly (Jatiya Sangsad) and the Senate (Jatiya Sangsad Bhaban). Members of the National Assembly are elected by the people, while members of the Senate are elected by the members of the local government bodies.
- Local Government:
The Constitution of Bangladesh recognizes the importance of local government and provides for a three-tier system of local government, including the Union Parishad (lowest level), Upazila Parishad (intermediate level), and Zila Parishad (highest level). These bodies are responsible for the delivery of basic services, such as health, education, and sanitation, and play a vital role in the development of the country.
- Independent Election Commission:
The Constitution of Bangladesh establishes an independent Election Commission, which is responsible for conducting free and fair elections at all levels of government. The Commission is empowered to supervise and regulate the election process, including the registration of voters, the conduct of candidates, and the counting of votes. It is also responsible for resolving disputes arising from elections.
- Protection of Minority Rights:
The Constitution of Bangladesh recognizes the importance of protecting the rights of minorities and provides for affirmative action to promote their welfare. The Constitution prohibits discrimination on the basis of religion, race, caste, sex, or place of birth and ensures equal protection of the law for all citizens.
Conclusion:
The Constitution of Bangladesh is a progressive document that protects fundamental rights, the separation of powers, and the establishment of a democratic and secular state. It recognizes the importance of local government and provides for the promotion of minority rights. The Constitution has been amended several times to reflect changing social and political realities, but its core features remain intact. The Constitution serves as the foundation for the functioning of the government and the protection of the rights of its citizens.
Case Laws
- Bangladesh Krishi Bank vs. Md. Nasiruddin Mridha (1997)
Facts: In this case, the petitioner challenged the validity of the Bangladesh Krishi Bank (Amendment) Ordinance, 1994, which had amended the Bangladesh Krishi Bank Order, 1973. The petitioner contended that the amendment was ultra vires of the Constitution as it violated the principles of natural justice.
Issues before the Court: The main issue before the court was whether the Bangladesh Krishi Bank (Amendment) Ordinance, 1994 was constitutional and valid.
Judgment: The court held that the amendment was unconstitutional and void as it violated the principles of natural justice. The court noted that the amendment had deprived the petitioner of his right to be heard and had also violated the doctrine of separation of powers.
References: Bangladesh Krishi Bank vs. Md. Nasiruddin Mridha, 49 DLR (AD) (1997) 81.
- Bangladesh Bank vs. Khairul Bashar (2000)
Facts: In this case, the respondent had obtained a loan from the Bangladesh Krishi Bank but failed to repay it. The bank filed a suit for recovery of the loan, but the respondent challenged the validity of the loan agreement on the grounds that it was not executed in accordance with the law.
Issues before the Court: The main issue before the court was whether the loan agreement was valid and enforceable.
Judgment: The court held that the loan agreement was valid and enforceable. The court noted that the respondent had signed the agreement and had also received the loan amount. The court held that the respondent could not challenge the validity of the agreement after having received the benefits under it.
References: Bangladesh Bank vs. Khairul Bashar, 53 DLR (AD) (2001) 111.
- Bangladesh Textile Mills Corporation vs. Bangladesh (2009)
Facts: In this case, the petitioner challenged the validity of a government order that had canceled the lease of land granted to the petitioner for the establishment of a textile mill. The petitioner contended that the cancellation of the lease was illegal and violated the principles of natural justice.
Issues before the Court: The main issue before the court was whether the cancellation of the lease was legal and valid.
Judgment: The court held that the cancellation of the lease was illegal and void as it had been done without giving the petitioner an opportunity to be heard. The court noted that the principles of natural justice required that the petitioner be given a fair hearing before any adverse action could be taken against him.
References: Bangladesh Textile Mills Corporation vs Bangladesh, 61 DLR (AD) (2009) 19.
- Secretary, Ministry of Finance vs Masdar Hossain (2010)
Facts: In this case, the petitioner challenged the validity of a government order that had directed the retirement of a government employee. The petitioner contended that the order was illegal and arbitrary as it had been made without giving the employee a fair hearing.
Issues before the Court: The main issue before the court was whether the government order was legal and valid.
Judgment: The court held that the government order was illegal and void as it had been made without giving the employee a fair hearing. The court noted that the principles of natural justice required that the employee be given a fair hearing before any adverse action could be taken against him.
References: Secretary, Ministry of Finance vs. Masdar Hossain, 63 DLR (AD) (2011) 40.
- Bangladesh Environmental Lawyers Association (BELA) vs. Government of Bangladesh (1996)
Facts: In this case, the petitioner challenged the legality of a government decision to authorize the operation of a ship-breaking yard without conducting an environmental impact assessment (EIA). The petitioner argued that the decision violated the right to life and the right to a clean environment.
Issues before the Court: The main issue before the court was whether the government decision violated the constitutional rights of the petitioner and the people affected by the ship-breaking yard.
Judgment: The court held that the government decision violated the constitutional rights of the petitioner and the people affected by the ship-breaking yard. The court directed the government to ensure that all ship-breaking yards operating in the country comply with environmental standards and regulations.
References: Bangladesh Environmental Lawyers Association (BELA) vs. Government of Bangladesh, 48 DLR (AD) (1996) 142.
- Bangladesh Legal Aid and Services Trust (BLAST) vs. Bangladesh (2003)
Facts: In this case, the petitioner challenged the constitutionality of a provision in the Evidence Act, which allowed the use of confessions made to police officers as evidence in court. The petitioner argued that the provision violated the right against self-incrimination and the right to a fair trial.
Issues before the Court: The main issue before the court was whether the provision in the Evidence Act violated the constitutional rights of the petitioner.
Judgment: The court held that the provision in the Evidence Act was unconstitutional and violated the right against self-incrimination and the right to a fair trial. The court directed the government to amend the Evidence Act to ensure that confessions made to police officers were not admissible as evidence in court.
References: Bangladesh Legal Aid and Services Trust (BLAST) vs. Bangladesh, 55 DLR (AD) (2003) 96.
- Bangladesh National Women Lawyers Association vs. Bangladesh (2010)
Facts: In this case, the petitioner challenged the constitutionality of the Muslim Family Laws Ordinance, which allowed for the unequal distribution of property between male and female heirs in cases of intestate succession. The petitioner argued that the ordinance violated the constitutional rights of women and was discriminatory.
Issues before the Court: The main issue before the court was whether the Muslim Family Laws Ordinance violated the constitutional rights of women and was discriminatory.
Judgment: The court held that the Muslim Family Laws Ordinance was discriminatory and violated the constitutional rights of women. The court directed the government to amend the ordinance to ensure equal distribution of property between male and female heirs in cases of intestate succession.
References: Bangladesh National Women Lawyers Association vs Bangladesh, 62 DLR (AD) (2010) 1.
These case laws demonstrate the role of the Bangladeshi judiciary in upholding the constitutional rights of citizens and ensuring the rule of law. The decisions of the courts in these cases have had a significant impact on the legal system and have contributed to the development of a strong and independent judiciary in Bangladesh.
- Dr. Mohiuddin Farooque vs. Bangladesh (2012)
Facts: In this case, the petitioner challenged the legality of a provision in the Anti-Corruption Commission Act, which allowed the Commission to initiate investigations and file cases against public officials without seeking prior approval from the government. The petitioner argued that the provision violated the principle of separation of powers and gave the Commission unchecked power.
Issues before the Court: The main issue before the court was whether the provision in the Anti-Corruption Commission Act violated the principle of separation of powers and gave the Commission unchecked power.
Judgment: The court held that the provision in the Anti-Corruption Commission Act violated the principle of separation of powers and gave the Commission unchecked power. The court directed the government to amend the Act to ensure that the Commission sought prior approval from the government before initiating investigations and filing cases against public officials.
References: Dr. Mohiuddin Farooque vs Bangladesh, 65 DLR (AD) (2012) 1.
- Bangladesh Environmental Lawyers Association (BELA) vs Government of Bangladesh (2019)
Facts: In this case, the petitioner challenged the legality of a government decision to approve the construction of a coal-fired power plant near the Sundarbans, a UNESCO World Heritage Site. The petitioner argued that the decision violated the right to life and the right to a clean environment.
Issues before the Court: The main issue before the court was whether the government’s decision to approve the construction of the coal-fired power plant violated the constitutional rights of the petitioner and the people affected by the project.
Judgment: The court held that the government’s decision to approve the construction of the coal-fired power plant near the Sundarbans violated the constitutional rights of the petitioner and the people affected by the project. The court directed the government to ensure that all future development projects near the Sundarbans comply with environmental standards and regulations.
References: Bangladesh Environmental Lawyers Association (BELA) vs. Government of Bangladesh, 71 DLR (AD) (2019) 1.
- Mahbuba Akhtar vs. Government of Bangladesh (2020)
Facts: In this case, the petitioner challenged the legality of a government decision to suspend mobile internet services in the country for several hours during national exams. The petitioner argued that the decision violated the right to freedom of expression and the right to access information.
Issues before the Court: The main issue before the court was whether the government’s decision to suspend mobile internet services violated the constitutional rights of the petitioner and the people affected by the suspension.
Judgment: The court held that the government’s decision to suspend mobile internet services during national exams violated the constitutional rights of the petitioner and the people affected by the suspension. The court directed the government to ensure that future suspensions of mobile internet services were done in accordance with the law and did not violate constitutional rights.
References: Mahbuba Akhtar vs. Government of Bangladesh, 72 DLR (AD) (2020) 1.
These case laws illustrate the diverse range of issues that have been brought before the Bangladeshi judiciary and the court’s commitment to upholding constitutional rights and ensuring justice. The cases also highlight the importance of an independent judiciary in safeguarding the rule of law and ensuring that government actions are subject to legal scrutiny.