Politics and Constitutional Amendments
An amendment is a formal change or modification made to a legal document, such as a constitution, law, contract, or agreement.
In the context of a constitution, an amendment involves altering or adding provisions to the existing text of the constitution to reflect new circumstances, address emerging issues, or improve the legal framework.
In democratic countries with written constitutions, amendments are a crucial part of the constitutional process. Constitutions are meant to be enduring, but they also need to be adaptable to changing societal needs and values. As a result, amendments allow the Constitution to remain relevant and responsive to the evolving needs of the nation.
Part One-https://fayzurrahmansojib.blogspot.com/2023/08/the-constitution-of-peoples-republic-of.html
Amendments
The Constitution of Bangladesh had undergone multiple amendmentsBelow is a list of the amendments that have been made to the Constitution thus far:
1. First Amendment (1973):
This amendment removed the disqualification of certain public servants from being elected as members of the Jatiya Sangsad (National Parliament).
2. Second Amendment (1973):
It changed the structure of the judiciary, abolishing the one-party presidential system and reinstating the parliamentary system.
3. Third Amendment (1974):
This amendment incorporated provisions for fundamental principles of state policy.
4. Fourth Amendment (1975):
The Fourth Amendment strengthened the powers of the President, introduced the one-party system, and curtailed certain fundamental rights.
5. Fifth Amendment (1979):
It validated and indemnified all acts and proclamations made between August 15, 1975, and April 9, 1979.
6. Sixth Amendment (1981):
The Sixth Amendment upheld martial law regulations and decrees issued between August 15, 1975, and April 30, 1979.
7. Seventh Amendment (1986):
This amendment removed the constitutional provisions regarding the one-party system, allowing for the restoration of a multi-party political system.
8. Eighth Amendment (1988):
It provided for the establishment of a non-party Caretaker Government to oversee general elections.
9. Ninth Amendment (2011):
This amendment restored the secular principles of the state and removed the phrase "absolute trust and faith in Allah" from the Constitution's preamble.
10. Tenth Amendment (2011):
The Tenth Amendment repealed the Fifth Amendment's provision that granted constitutional protection to several martial law proclamations, orders, regulations, and actions.
11. Eleventh Amendment (2011):
This amendment clarified the method of appointing the Chief Adviser to the Caretaker Government.
12. Twelfth Amendment (2011):
It restored the phrase "Bismillah-Ar-Rahman-Ar-Rahim" to the Constitution's preamble.
13. Thirteenth Amendment (2011):
This amendment abolished the Caretaker Government system and reestablished the provision for a non-party Caretaker Government during general elections.
14. Fourteenth Amendment (2011):
It allowed Parliament to impeach Supreme Court judges for incapacity or misconduct.
15. Fifteenth Amendment (2011):
The Fifteenth Amendment removed the provision for the Caretaker Government during general elections and restored the original system of conducting elections under a sitting government.
16. Sixteenth Amendment (2014):
This amendment empowered Parliament to remove Supreme Court judges for incapacity or misconduct.
17. Seventeen Amendment (2018):
The political regimes that implemented each amendment.
Here is a comprehensive list of the amendments to the Constitution of Bangladesh, along with the corresponding governments or political regimes that initiated each amendment:
1. First Amendment (1973) - Government led by Sheikh Mujibur Rahman.
2. Second Amendment (1973) - Government led by Sheikh Mujibur Rahman.
3. Third Amendment (1974) - Government led by Sheikh Mujibur Rahman.
4. Fourth Amendment (1975) - Government led by Sheikh Mujibur Rahman.
5. Fifth Amendment (1979) - Government led by General Ziaur Rahman.
6. Sixth Amendment (1981) - Government led by General Hussain Muhammad Ershad.
7. Seventh Amendment (1986) - Government led by President Abdus Sattar and Chief Justice A. F. M. Ahsanuddin Chowdhury.
8. Eighth Amendment (1988) - Government led by General Hussain Muhammad Ershad.
9. Ninth Amendment (2011) - Government led by Prime Minister Sheikh Hasina.
10. Tenth Amendment (2011) - Government led by Prime Minister Sheikh Hasina.
11. Eleventh Amendment (2011) - Government led by Prime Minister Sheikh Hasina.
12. Twelfth Amendment (2011) - Government led by Prime Minister Sheikh Hasina.
13. Thirteenth Amendment (2011) - Government led by Prime Minister Sheikh Hasina.
14. Fourteenth Amendment (2011) - Government led by Prime Minister Sheikh Hasina.
15. Fifteenth Amendment (2011) - Government led by Prime Minister Sheikh Hasina.
16. Sixteenth Amendment (2014) - Government led by Prime Minister Sheikh Hasina.
17. Seventeenth Amendment(2018)- Government led by Prime Minister Sheikh Hasina.
It is essential to note that the political landscape in Bangladesh can change, and there might have been additional amendments or changes to the Constitution beyond my last update in September 2021. For the latest information, I recommend referring to official legal sources or reputable news outlets for updates on constitutional amendments in Bangladesh.
The amendments contradict democracy!
Among the amendments to the Constitution of Bangladesh, some have been criticized as potentially against democracy and more favourable to an autocratic style of governance.
As like-
1. Fourth Amendment (1975):
This amendment was widely criticized for strengthening the powers of the President and allowing for one-party rule. It curtailed certain fundamental rights and enabled the government to suppress political opposition, leading to concerns about authoritarian tendencies.
2. Fifth Amendment (1979):
The Fifth Amendment validated and indemnified all acts and proclamations made between August 15, 1975, and April 9, 1979, effectively granting immunity to those involved in the assassination of the country's founding leader, Sheikh Mujibur Rahman. Critics argued that this amendment shielded the perpetrators from accountability and justice.
3. Sixth Amendment (1981):
The Sixth Amendment upheld martial law regulations and decrees issued between August 15, 1975, and April 30, 1979. This amendment further solidified the military's role in politics and undermined democratic norms.
4. Eighth Amendment (1988):
The Eighth Amendment introduced the system of a non-party Caretaker Government to oversee general elections. While the intention was to ensure fair elections, in practice, this amendment was criticized for prolonging the tenure of military-backed regimes and providing avenues for unelected forces to influence the political process.
5. Thirteenth Amendment (2011):
The Thirteenth Amendment abolished the system of a non-party Caretaker Government during general elections and restored the original system of conducting elections under a sitting government. Critics argued that this amendment concentrated power in the hands of the ruling party during elections and reduced the checks and balances on the government.
It's important to note that the assessment of these amendments might vary depending on different perspectives and political affiliations. Some supporters of these amendments might argue that they were necessary for the stability and development of the country. However, critics have raised concerns about the impact on democratic principles, transparency, and political rights in Bangladesh.
As with any constitutional amendments, it is essential to have an open and informed public debate to assess their implications on the democratic institutions and values of the country. Political, legal, and civil society stakeholders play a vital role in ensuring that constitutional changes uphold democratic norms and protect the rights of citizens.
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Are political parties using amendment as a tool?
The use of the constitution for political parties' benefit is a common phenomenon in many democratic countries, and Bangladesh is no exception. Both in the past and present, political parties in Bangladesh have been known to exploit the constitution and its amendment process to serve their interests and agendas. Some ways in which political parties may use the Constitution for their benefit include:
1. Constitutional Amendments:
Political parties in power may attempt to introduce amendments to the constitution that favour their policies or entrench their positions. Such amendments could alter the balance of power between the branches of government or weaken checks and balances on executive authority.
2. Manipulating Electoral Laws:
Political parties may seek to influence or change electoral laws to their advantage. This could involve adjusting the electoral system, delimitation of constituencies, or imposing restrictions on opposition parties.
3. Caretaker Government System:
The use and abuse of the caretaker government system for overseeing elections have been a subject of controversy in Bangladesh. Political parties may try to influence the selection of caretaker government officials to gain an advantage in upcoming elections.
4. Legal Interpretation:
Political parties may attempt to influence legal interpretations of the Constitution and challenge specific constitutional provisions to suit their political interests.
5. Mobilizing Public Support:
Parties may use constitutional issues or amendments as rallying points to mobilize public support and gain popular backing for their political agenda.
6. Judicial Appointments:
Political parties in power may seek to influence the appointment of judges to the Supreme Court, potentially impacting the independence and impartiality of the judiciary.
7. Campaign Promises:
Parties may make promises during elections related to specific constitutional reforms or amendments to attract voter support.
It is important to note that the political use of the constitution is not unique to Bangladesh and can occur in various democracies worldwide. The constitution, as the supreme law of the land, holds significant importance in shaping the political landscape and providing the framework for governance. Therefore, it is crucial for all political actors, including political parties, to respect the spirit and principles of the Constitution, uphold democratic norms, and prioritize the welfare and interests of the nation and its people.
There is room for improvement in this area
1. Strengthening Fundamental Rights:
Enhance the protection of fundamental rights, ensuring they are comprehensive, inclusive, and enforceable, promoting individual freedoms and equal treatment for all citizens.
2. Judicial Independence:
Ensure greater independence and accountability of the judiciary, safeguarding its autonomy from political influence and interference.
3. Electoral Reforms:
Introduce electoral reforms to promote transparency, fairness, and inclusivity in the electoral process, including measures to prevent electoral malpractices and ensure a level playing field for all political parties.
4. Political Party Regulations:
Implement measures to regulate political parties, encouraging internal democracy, transparency, and accountability within party structures.
5. Local Governance Empowerment:
Strengthen local governance institutions to empower local communities, ensuring meaningful participation in decision-making and resource allocation.
6. Anti-Corruption Measures:
Strengthen anti-corruption mechanisms, promoting transparency, accountability, and the prosecution of corruption cases without political influence.
7. Women's Empowerment:
Introduce affirmative action measures to promote gender equality and increase women's representation and participation in politics and public life.
8. Minority Rights Protection:
Enhance protections for minority rights, ensuring the cultural, religious, and linguistic diversity of the nation is respected and upheld.
9. Freedom of Media:
Safeguarding freedom of the press and media, ensuring independent and responsible journalism, and protecting journalists from harassment or violence.
10. Citizen Awareness:
Promote constitutional literacy and civic education to empower citizens with a better understanding of their rights, responsibilities, and the democratic process.
11. Public Accountability:
Establish mechanisms to hold public officials accountable for their actions and ensure transparency in government affairs.
12. Electoral Commission Independence:
Strengthen the independence and effectiveness of the Election Commission to oversee free and fair elections impartially.
13. Environment Protection:
Include provisions for environmental protection and sustainability, ensuring responsible and sustainable development practices.
14. Youth and Civil Society Involvement:
Encourage meaningful participation of youth and civil society organizations in policy-making and governance processes.
15. Safeguard against Autocracy:
Include safeguards in the constitution to prevent any potential erosion of democratic values or attempts to undermine democratic institutions.
These points focus on key areas that, if improved, can enhance the democratic functioning and principles of the Constitution of Bangladesh. Implementing such improvements would help promote inclusive governance, safeguard human rights, and strengthen democratic institutions, fostering a robust and vibrant democracy in the country.
Constitution of The People's Republic of Bangladesh[pdf]-
