Constitution of Bangladesh
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The constitution of Bangladesh is the supreme law in Bangladesh.
[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
We, the people of Bangladesh, having proclaimed our Independence on the 26th day of March, 1971 and through 2[a historic war for national independence], established the independent, sovereign People's Republic of Bangladesh;
Pledging that the high ideals of absolute trust and faith in the Almighty Allah, nationalism, democracy and socialism meaning economic and social justice, which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in the war for national independence, shall be fundamental principles of the Constitution;
Further pledging that it shall be a fundamental aim of the State to realise through the democratic process to 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.
[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] Discrimination on grounds of religion, etc.
[edit] Equality 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] Safeguards 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
The President
(1) There shall be a President of Bangladesh who shall be elected by members of Parliament in accordance with law.
(2) The President shall as Head of State, take precedence over all other persons in the State, and shall exercise the powers and perform the duties conferred and imposed on him by this Constitution and by any other law.
(3) In the exercise of all his functions, save only that of appointing the Prime Minister pursuant to clause (3) of article 56 and the Chief Justice pursuant to clause (1) of article 95, the President shall act in accordance with the advice of the Prime Minister; Provided that the question whether any, and if so what, advice has been tendered by the Prime Minister to the President shall not be enquired into in any court.
(4) A person shall not be qualified for election as President if he-
1. is less than thirty-five years of age; or 2. is not qualified for election a member of Parliament; or 3. has been removed from the office of President by impeachment under this Constitution.
(5) The Prime Minister shall keep the President informed on matters of domestic and foreign policy, and submit for the consideration of the Cabinet any matter which the President may request him to refer to it.
Prerogative of mercy
The President shall have power to grant pardons, reprieves and respites and to remit, suspend or commute any sentence passed by any court, tribunal or other authority. Prerogative of mercy.
Term of office of President
(1) Subject to the provisions of this Constitution, the President shall hold office for a term of five years from the date on which he enters upon his office; Provided that notwithstanding the expiration of his term the President shall continue to hold office until his successor enters upon office.
(2) No person shall hold office as President for more than two terms, whether or not the terms are consecutive.
(3) The President may resign his office by writing under his hand addressed to the Speaker.
(4) The President during his term of office shall not be qualified for election as a member of Parliament, and if a member of Parliament is elected as President he shall vacate his seat in Parliament on the day on which he enters upon his office as President.
President's immunity
(1) Without prejudice to the provisions of article 52, the President shall not be answerable in any court for anything done or omitted by him in the exercise or purported exercise of the functions of this office, but this clause shall not prejudice the right of any person to take proceedings against the Government.
(2) During his term of office no criminal proceedings whatsoever shall be instituted or continued against the President in, and no process for his arrest or imprisonment shall issue from, any court.
Impeachment of the President
(1) The President may be impeached on a charge of violating this Constitution or of grave misconduct, preferred by a notice of motion signed by a majority of the total number of members of the Parliament and delivered to the speaker, setting out the particulars of the charges, and the motion shall not be debated earlier than fourteen nor later than thirty days after the notice is so delivered; and the Speaker shall forthwith summon Parliament if it is not in session.
(2) The Conduct of the President may be referred by Parliament to any court, tribunal or body appointed or designated by Parliament for the investigation of a charge under this article.
(3) The President shall have the right to appear and to be represented during the consideration of the charge.
(4) If after the consideration of the charge a resolution is passed by Parliament by votes of not less than two-thirds of the total number of members declaring that the charge has been substantiated, the President shall vacate his office on the date on which the resolution is passed.
(5) Where the Speaker is exercising the functions of the President under article 54 the provisions of this article shall apply subject to the modifications that the reference to the Speaker in clause (1) shall be construed as a deference to the Deputy Speaker, and that the reference in clause (4) to the vacation by the President of his office shall be construed as a reference to the vacation by the Speaker of his office as Speaker; and on the passing of a resolution such as is referred to in clause (4) the Speaker shall cease to exercise the functions of President.
Removal of President of ground of incapacity
(1) The President may be removed from office on the ground of physical or mental incapacity on a motion of which notice, signed by a majority of the total number of members of Parliament, is delivered to the Speaker, setting out particulars of the alleged incapacity. Removal of President on ground of incapacity.
(2) On receipt of the notice the Speaker shall forthwith summon Parliament if it is not in session and shall call for a resolution constituting a medical board (hereinafter in this article called "the Board") and upon the necessary motion being made and carried shall forthwith cause a copy of the notice to be transmitted to the President together with a request signed by the Speaker that the President submit himself within a period of ten days from the date of the request to an examination by the Board.
(3) The motion for removal shall not be put to the vote earlier than fourteen nor later than thirty days after notice of the motion is delivered to the Speaker, and if it is again necessary to summon Parliament in order to enable the motion to be made within that period, the Speaker shall summon Parliament.
(4) The President shall have the right to appear and to be represented during the consideration of the motion.
(5) If the President has not submitted himself to an examination by the Board before the motion is made in Parliament, the motion may be put to the vote, and if it is passed by the votes of not less than two-thirds of the total number of members of Parliament, the President shall vacate his office on the date on which the motion is passed.
(6) If before the motion for removal is made is Parliament, the President has submitted himself to an examination by the Board, the motion shall not be put to the vote until the Board has been given an opportunity of reporting its opinion to Parliament.
(7) If after consideration by Parliament of the motion and of the report of the Board (which shall be submitted within seven days of the examination held pursuant to clause (2) and if not so submitted shall be dispensed with) the motion is passed by the votes of not less than two-thirds of the total number of members of Parliament, the President shall vacate his office on the date on which the resolution is passed.
Speaker to act as President during absence, etc.
If a vacancy occurs in the office of President or if the President is unable to discharge the functions of his office on account of absence, illness or any other cause of Speaker shall discharge those functions until a President is elected or until the President resumes the functions of his office, as the case may be.
