Will Basic Needs Remain Limited to the Constitution?

The constitution is the backbone of any nation, forming the foundation upon which the entire legal and political framework stands. It establishes the guiding principles and rules that govern the relationship between the three fundamental branches of the state: the legislature, the executive, and the judiciary. By clearly defining their powers and limitations, it ensures that no branch acts beyond its authority. The constitution not only outlines the powers of the government but also guarantees the rights and freedoms of its citizens. It is therefore, the supreme law that shapes justice, liberty, and equality within a nation.

In the context of Bangladesh, the Constitution of 1972 stands as a testament to the ideals of democracy and human dignity. It embodies the aspirations of the people who fought for independence, seeking a state based on equality, freedom, and justice. The constitution divides power among the legislative, executive, and judicial branches while making the protection of citizens rights a core responsibility of the state. The judiciary, as an independent body, serves as the guardian of the constitution, providing remedies whenever state actions infringe upon the rights of individuals.

The third part of the Constitution of Bangladesh, covering Articles 27 to 44, guarantees 18 fundamental rights. These rights include equality before law, protection of life and liberty, freedom of speech and association, and safeguards against discrimination. These are not mere declarations, they are enforceable legal rights, protected by the judiciary under Article 44. When any of these rights are violated, citizens have the constitutional right to seek justice from the High Court Division under Article 102. Thus, the constitution ensures that the state remains accountable to its people.

Alongside civil and political rights, the second part of the Constitution under the title “Fundamental Principles of State Policy” outlines economic, social, and cultural rights. Article 15(a) explicitly obliges the state to secure for its citizens the basic necessities of life, including food, clothing, shelter, education, and medical care. These provisions are often referred to as fundamental needs. While they are not directly enforceable through the courts, they form the guiding principles for governance, reminding policymakers of their moral and constitutional duties toward citizens' welfare.

However, the realization of these fundamental needs largely depends on the economic capacity and resources of the state. In Bangladesh, although significant progress has been made in economic growth and development, the implementation of these basic needs still faces serious challenges. The government is, in principle, capable of ensuring housing, education, and healthcare for all citizens, but widespread corruption, inefficiency, and mismanagement continue to hinder progress. This gap between promise and practice has created deep frustration among citizens.

The education sector, despite offering free schooling at primary levels, faces an alarming decline in quality. Frequent curriculum changes, shortage of trained teachers, and a lack of proper monitoring have weakened the foundation of education in the country. Many students pass exams without acquiring essential skills, and rural schools often operate with inadequate facilities. This raises questions about the state’s ability to deliver meaningful education that empowers citizens to compete globally. Education should be a tool for enlightenment, but in many cases, it has become a system of memorization without understanding.

Similarly, the condition of government hospitals reveals the grim reality of healthcare in Bangladesh. Public hospitals, which are supposed to serve the poor and marginalized, often lack doctors, medicine, and modern equipment. Corruption in procurement and inefficiency in service delivery have eroded public trust. Patients from lower-income groups are forced to seek costly treatment in private hospitals, which pushes many families into financial hardship. Doctors often prioritize private practice over public duty, forgetting the ethical responsibility that comes with their profession. This inequality in healthcare undermines the constitutional promise of medical care for all.

Housing projects, another essential component of basic needs, are also plagued by irregularities and corruption. Government initiatives aimed at providing shelters for the poor often fail to reach the intended beneficiaries. Influential individuals misuse project funds, depriving the homeless of their rightful support. Street children, beggars, and slum dwellers continue to live in inhumane conditions, while funds allocated for them vanish into the hands of corrupt intermediaries. The state’s failure to protect its most vulnerable citizens contradicts the very spirit of the constitution, which upholds equality and social justice for all.

The situation becomes even more concerning when human rights violations are considered. Incidents of enforced disappearances, extrajudicial killings, and misuse of power by certain law enforcement agencies have raised questions about the state’s commitment to the rule of law. The constitution promises that every person shall have the right to life, liberty, and legal protection. Yet, in practice, the culture of impunity allows powerful individuals to act above the law. Ensuring accountability within law enforcement institutions is essential to restore public trust and protect human dignity.

The persistence of social inequality and communal divisions also challenges the spirit of the constitution. Bangladesh was founded on the principles of secularism and equal rights for all citizens, irrespective of religion, caste, or creed. However, the rise of communalism and discrimination in certain sectors threatens national harmony. True constitutionalism can only be achieved when every citizen enjoys equal respect, security, and opportunity. The elimination of communal bias and the establishment of equal rights for all should therefore be a national priority.

It is also crucial to recognize that constitutional implementation is not solely the responsibility of the government. Citizens, too, must play an active role in demanding transparency, accountability, and justice. Civil society, media, and educational institutions must raise awareness about fundamental rights and civic duties. A well-informed population is the strongest safeguard against corruption and abuse of power. The judiciary, on the other hand, must continue to act as the protector of constitutional values, ensuring that justice remains accessible to all, especially the marginalized.

The constitution of Bangladesh is a document of hope and commitment, a vision of what the nation strives to be. Yet, for this vision to be realized, the promises written on paper must be translated into action. Upholding human rights, ensuring social justice, reducing corruption, and promoting equality must become national priorities. The state must not only declare rights but also deliver them in practice. Only then can Bangladesh truly embody the ideals of its constitution, a nation where every citizen enjoys dignity, justice, and freedom in both principle and reality.


MD. Noor Hamza Peash is a
legal researcher and a 
freelance columnist.