Constitution of Bangladesh in the Course of History

 

Constitution is the supreme law of an independent and sovereign state. It is the main theme of a government system where the basic rules and formulas for determining the duties of an autonomous political entity are recorded. In the case of a country, the term refers to the national constitution of that country which replaces the basic political rules and structures, methods, powers and duties of the government.

There are two types of constitution written and unwritten The Constitution of the People's Republic of Bangladesh is a written document. This Constitution was adopted by the National Parliament of Bangladesh on 4th November 1972 and came into effect on 16th December of the same year during the first anniversary of the Victory Day of Bangladesh. The original constitution was written in English and translated into Bengali. So it exists in both Bengali and English. However, if semantic conflict between English and Bengali is visible, the Bengali form will have to be followed.

Constitution of Bangladesh has been amended a total of 17 times, including the 17th Amendment of 10 April 2018. Amendments to the constitution require a two-thirds majority of the members of parliament. However, in the order of repeal of the Fifth, Seventh, Thirteenth and Fifteenth Amendment, the Supreme Court of Bangladesh has ruled that no amendment can be made to change the basic structure of the Constitution; if brought, it will be out of jurisdiction.

The constitution of Bangladesh is not only the supreme law of Bangladesh, the main character of Bangladesh is described in the constitution too. It contains the geographical boundaries of Bangladesh. The country will be a republic, democracy will be the administrative basis of this country, the people will be the source of all power and the judiciary will be independent. Although the people are the source of all power, the country will be governed by law. The constitution has adopted nationalism, socialism, democracy and secularism as the basic principles of running the state. For the purpose of drafting the constitution, a 34-member committee was formed on April 11, 1972 with Dr. Kamal Hossain as its chairman.

They are Dr. Kamal Hossain, Md. Lutfor Rahman, Professor Abu Sayeed, M Abdur Rahim, M Amir-ul Islam, Mohammad Nurul Islam Manjur, Abdul Muntakim Chowdhury, Dr. Khatish Chandra, Suranjit Sengupta, Syed Nazrul Islam, Tajuddin Ahmed, Khandaker Mushtaq Ahmed, AHM Qamaruzzaman, Abdul Mamin Talukder, Abdur Rauf, Mohammad Baitullah, Barrister Badal Rashid, Khandaker Abdul Hafiz, Shaukat Ali Khan, Md Humayun Khalid, Ashaduzzaman Khan, A K Mosharraf Hossain Akhand, Abdul Momin, Shamsuddin Molla, Sheikh Abdur Rahman, Fakir Sahab Uddin Ahmed, Professor Khorshed Alam, Advocate Sirajul Haque, Dewan Abu Abbas, Hafez Habibur Rahman, Abdur Rashid, Nurul Islam Chowdhury, Muhammad Khaled and Begum Razia Bano.

The committee met at different levels from April 17 to October 3 of the same year. Opinions were invited to gather public opinion. 98 recommendations were accepted from the collected opinions. In the second session of the Constituent Assembly on October 12, 1972, the then Law Minister Dr. Kamal Hossain raised the draft constitution in the form of a bill. The Constitution of Bangladesh was adopted by the Constituent Assembly on 4 November 1972 and came into effect on 16 December 1972. Speaking on the constitution in the Constituent Assembly, Bangabandhu said, "This constitution is written in the blood of the martyrs. This constitution will live on as a tangible symbol of the hopes and aspirations of the entire people."

After writing, to review texture of Bengali language in the constitution, a committee formed where Dr. Anisuzzaman was appointed as the convener, Syed Ali Ahsan and Mazharul Islam as the language experts. The draft lawmaker of the British Legislative Assembly, assisted in the meeting of the constitution drafting committee at the Constituent Assembly Building, now the official residence of the Prime Minister. 14 thousand taka was spent to print the constitution. A five-member committee was formed to decorate and disgn the constitution, headed by Shilpacharya Zainul Abedin.

The members of this committee were artist Hashem Khan, Janabul Islam, Samarjit Roy Chowdhury and Abul Barak Alvi. Artist Hashem Khan did the decoration. The constitution was printed on two offset machines made in 1948. A copy of the original constitution is preserved in the National Museum of Bangladesh. The constitution of Bangladesh started with proposals and ended with 7 schedules. The constitution of Bangladesh has 11 parts and 153 Articles. Abdur Rauf is the original author of the first handwritten constitution of Bangladesh.

The Constitution of Bangladesh starts with Bismillahir Rahmanir Rahim (In the Name of Most Merciful Allah/In the Name of the Most Merciful Creator). Proposal starts with some words. We have established Bangladesh by declaring the independence on 16 December 1971; We pledge that all the great ideals which inspired our heroic people to devote themselves to the national liberation struggle and sacrifice their heroic martyrs - those ideals of nationalism, socialism, democracy and secularism will be the principles of this Constitution;

We further pledge that one of the main goals of our state will be the establishment of a socialist society free from exploitation in a democratic manner - where the rule of law, basic human rights and political, economic and social equality, freedom and justice will be ensured for all citizens; We firmly declare that in order for us to prosper as independent entities and to play our full role in international peace and cooperation in line with the progressive aspirations of mankind, we must uphold the supremacy of this Constitution as an expression of the will of the people of Bangladesh and its protection and security is our sacred duty; Thus, in our Constituent Assembly, today, on the eighteenth day of the month of Kartik, in the Bengali year thirteen hundred and seventy-nine, and on the fourth day of the month of November in the year nineteen hundred and seventy-two, we have drafted and enacted this Constitution.

The first part of the constitution is a republic whose articles are republic, state borders of the republic, state religion, state language, national anthem, flag and symbol, portrait of father of the nation, capital, citizenship, supremacy of constitution, repeal of constitution, suspension, etc. The second part covers principles, nationalism, socialism and freedom from exploitation, democracy and human rights, secularism and religious freedom, ownership policy, emancipation of peasants and workers, basic necessities, rural development and agricultural revolution, unpaid and compulsory education, public health and ethics, environment and Biodiversity conservation and development, equality of opportunity, rights and duties, duties of citizens and government employees, separation of judiciary from executive branch, national culture, tribes, ethnic minorities, ethnic and community cultures, national monuments, etc. and the development of international peace, security and solidarity.

The third part includes the repeal of laws that are inconsistent with fundamental rights, equality in the eyes of the law, inequality due to religion, etc., equality of opportunity in government employment, prohibition of foreigners, titles, etc. Protection of detention, prohibition of forced labor, protection of justice and punishment, freedom of movement, freedom of assembly, freedom of association, freedom of thought and conscience and freedom of speech, profession, religious freedom, property rights, protection of home and communication, basic Enforcement of rights, change of rights in the case of disciplinary law, power of impunity, custody of certain laws, non-application of certain provisions of the Constitution.

Part four includes the President, the right to pardon, the term of office of the President, the impeachment of the President, the removal of the President due to incompetence, the absence of the President, the term of office of Speaker, Cabinet, Ministers, Prime Minister Powers of local government bodies, supremacy, admission to the Defense Department, etc., war and Attorney-General. The fifth part includes the establishment of parliament, eligibility and ineligibility to be elected to parliament, vacancy of seats of members, remuneration of members of parliament, etc. Barriers to Dual-Membership, Sessions of Parliament, President's Speeches in Parliament, Rights of Ministers on Parliament, Speakers and Deputy Speakers, Rules of Procedure, Quorum, etc., Standing Committees of Parliament, Ombudsmen, Special Rights and Duties of Members of Parliament and Parliament Secretariat.

Also legislation and financing system, legislation method, financial system recommendations, barriers to non-parliamentary legislation, joint funds and official accounts of the Republic, control of public funds, annual financial statements, liabilities on joint funds, annual voting on financial statement procedures, specification laws, supplementary and additional grants, accounts, loans, etc., and the power to make ordinances are in the fifth part. The sixth part deals with the judiciary, the seventh with the election, the eighth with the auditor general and regulator, the ninth with the Bangladesh division of labor, the tenth with the constitution-amendment, the eleventh with the miscellaneous and finally with some schedules. It is the responsibility and duty of every citizen of the country to abide by the constitution in order to maintain democracy.


Md. Arafat Rahman is a Columnist & Asst. Officer, Career & Professional Development Services Department, Southeast University