The Constitution of the People's Republic of Bangladesh
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The Bangladeshi Constitution, officially known as the Constitution of the People's Republic of Bangladesh, was adopted on December 4, 1972, and has undergone several amendments over the years. It serves as the supreme law of the country and establishes Bangladesh as a democratic republic with a parliamentary system of government.
Constituent Assembly
The Constitution of Bangladesh was framed and written by a Constituent Assembly established for that purpose. The Constituent Assembly was formed to draft and finalize the Constitution of the newly independent country of Bangladesh after its liberation from Pakistan in 1971.
The members of the Constituent Assembly were elected representatives of the people of Bangladesh. The assembly consisted of 300 members, including 169 members elected in the general elections held in 1970 when Bangladesh was still part of Pakistan. The remaining members were elected later in the post-independence period.
The most prominent figure associated with the writing of the Constitution of Bangladesh was Dr. Kamal Hossain. Dr. Kamal Hossain, a prominent lawyer, and politician played a significant role in drafting and presenting the Constitution. As a key legal expert and advisor to the government during the war of liberation and the post-independence period, he contributed significantly to the formulation of the Constitution.
It is important to note that while Dr. Kamal Hossain was a notable figure involved in the drafting process, the Constitution was a collective effort of the Constituent Assembly, reflecting the aspirations and contributions of the people and their elected representatives during a critical period of the country's history.
The historical evolution of the Constitution of Bangladesh
The historical evolution of the Constitution of Bangladesh is characterized by several significant milestones and political developments.
Here is a brief overview of its evolution:
1. Pakistan Period:
Prior to Bangladesh's independence, it was part of Pakistan, initially known as East Pakistan. The Pakistani constitution in force at that time was the Government of India Act, 1935. However, there was a growing demand for autonomy and recognition of the linguistic and cultural differences between East and West Pakistan.
2. Language Movement and 1956 Constitution:
The Language Movement of 1952 played a pivotal role in shaping the political landscape of East Pakistan. The demand for Bengali as the official language gained momentum, leading to the adoption of the first constitution of Pakistan in 1956. The 1956 Constitution declared Pakistan as an Islamic Republic with two wings, East Pakistan and West Pakistan, and recognized Bengali and Urdu as state languages.
3. Tensions and 1962 Martial Law:
Despite the 1956 Constitution, tensions between East and West Pakistan continued to escalate due to political and economic disparities. In 1958, Pakistan's first military coup took place, leading to the imposition of martial law by General Ayub Khan. The Constitution was suspended, and direct military rule began.
4. Six-Point Movement and 1971 Independence:
The political discontent in East Pakistan culminated in the Six-Point Movement led by Sheikh Mujibur Rahman, who demanded greater autonomy for the region. The movement was met with a brutal crackdown by the military. In 1971, East Pakistan declared independence, and a nine-month-long war of liberation ensued. Bangladesh emerged as an independent nation on December 16, 1971, after a military victory with the support of India.
5. The Constitution of 1972:
In the aftermath of the war, Bangladesh adopted its first Constitution on December 16, 1972. The Constitution established the country as a democratic republic with a parliamentary system of government. It incorporated principles of democracy, nationalism, socialism, secularism, and social justice. Fundamental rights were guaranteed, and the judiciary was declared independent.
6. Amendments and Political Turmoil:
Over the years, Bangladesh experienced periods of political instability, including several military coups and changes in government. Amendments were made to the Constitution during various regimes, altering the structure of government, the judiciary, and the political system. Some amendments were criticized for their impact on democratic principles and human rights.
7. Restoration of Democracy and Amendments (2011):
After a prolonged period of military-backed and caretaker governments, democracy was restored in 2008. The government led by Prime Minister Sheikh Hasina initiated a series of constitutional amendments in 2011. These amendments included the restoration of secularism as a fundamental principle, the abolishment of the caretaker government system for elections, and changes to the impeachment process for Supreme Court judges.
The Constitution of Bangladesh has played a crucial role in shaping the country's governance and legal framework since its inception. It reflects the aspirations and struggles of the Bangladeshi people for democracy, social justice, and national identity. The document continues to evolve, with amendments addressing contemporary challenges and demands for political reform.
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| Map of Bangladesh |
Below is a summary of the key features found in the Constitution of Bangladesh:
1. Preamble:
The Constitution's preamble outlines the fundamental principles and objectives of the Bangladeshi state, emphasizing democracy, socialism, nationalism, secularism, and social justice.
2. Structure of the State:
Bangladesh is declared a unitary state with a unicameral parliamentary system of government.
3. Fundamental Rights:
The Constitution guarantees a range of fundamental rights to its citizens, including the right to life, liberty, and property, freedom of speech and expression, freedom of religion, equality before the law, and safeguards against discrimination.
4. Directive Principles of State Policy:
The Constitution outlines a set of principles and guidelines to direct the state in its policymaking, aiming to promote social justice, economic growth, and the welfare of the people.
5. President:
The President of Bangladesh is the ceremonial head of state and is elected by the members of the Jatiya Sangsad (National Parliament).
6. Prime Minister and Council of Ministers:
The Prime Minister is the head of government and is appointed by the President based on the majority party or coalition in the Jatiya Sangsad. The Council of Ministers is collectively responsible to the Parliament.
7. Jatiya Sangsad (National Parliament):
The Parliament of Bangladesh is a unicameral legislature consisting of Members of Parliament (MPs) who are elected through a general election. It has the authority to enact laws, approve budgets, and oversee the government's functions.
8. Judiciary:
The judiciary in Bangladesh is independent and consists of various levels of courts, with the Supreme Court being the highest judicial authority.
9. Local Government:
The Constitution provides for a system of local government to decentralize power and promote grassroots democracy.
10. Emergency Provisions:
The Constitution allows for the declaration of a state of emergency during times of crisis or in cases of threat to the nation's security.
11. Amendments:
The Constitution can be amended through a special procedure outlined in Article 142, requiring a two-thirds majority in Parliament.
12. Secularism:
The Constitution declares Bangladesh as a secular state, though Islam is recognized as the state religion.
An interesting fact about the Constitution of Bangladesh is that it was written in only 160 days, making it one of the fastest-drafted constitutions in the world. The process of writing and adopting the Constitution was remarkably swift, considering the complex political and social context in which it was done.
The Constitution of Bangladesh was drafted and adopted by the Constituent Assembly after Bangladesh's liberation from Pakistan in 1971. The country had just emerged from a nine-month-long war of independence, and the political landscape was marked by reconstruction efforts and nation-building.
The drafting process began on April 10, 1972, when the first session of the Constituent Assembly took place. During the subsequent 160 days, the members of the assembly worked diligently to craft a constitution that reflected the aspirations of the Bangladeshi people and established the framework for the newly independent nation.
The fast pace of drafting was necessitated by the urgency to establish a legal and governance structure for the fledgling country. Despite the challenges and complexities, the Constituent Assembly managed to complete the task in a relatively short period, leading to the adoption of the Constitution on December 16, 1972.
It is important to note that this is a summary, and the complete Constitution of Bangladesh contains several other articles and provisions that establish the framework of governance and rights in the country.
