Constitution of Bangladesh

Directly borrowing from the four tenets of Mujibism, the political ideology of Sheikh Mujibur Rahman,[1] the constitution states nationalism, socialism, democracy and secularism as its four fundamental principles.

[6] The Constitution endeavors to create a socialist society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, is secured for all its citizens.

[10] This structure seems democratic but, in practice, results in a concentration of authority in the hands of the prime minister due to the dominant position within the Cabinet and the control over MPs through party discipline and party-loyalty enforcing provision Article 70.

[13][14][15][16][17] The commission was formed in the aftermath of a constitutional crisis that arose following the ouster of Sheikh Hasina on 5 August 2024, during a massive mass uprising.

It further proclaimed "that adequate, effective and mandatory safeguards should be specifically provided in the Constitution for minorities in these units and in the regions for the protection of their religious, cultural, economic, political, administrative and other rights".

On 11 August 1947, Muhammad Ali Jinnah, the president of the Constituent Assembly of Pakistan, declared that religious minorities would enjoy full freedom of religion in the emergent new state.

The Bengali Language Movement and demands for replacing separate electorates with joint universal suffrage were key issues in East Bengal.

Rahman's Six Points were part of the manifesto of the Awami League, the party which won first general election in East and West Pakistan in 1970.

The Pakistani military junta refused to transfer power to Prime Minister-elect Sheikh Mujibur Rahman, and instead executed Operation Searchlight which triggered Bangladesh War of Independence.

[citation needed] Constitutional rule was suspended on 15 August 1975 with the assassination of President Sheikh Mujibur Rahman and the declaration of martial law.

When Constitutional rule was restored in 1986, the Sixth Amendment validated previous Proclamation Orders issued by the Chief Martial Law Administrator.

In 2010, the Supreme Court of Bangladesh ruled that the Fifth Amendment of 1979 went against the Constitutional spirit of the country and hence invalidated its removal of clauses related to secularism.

While implementing the supreme court's verdict in the Fifteenth Amendment in 2011, the Awami League-led parliament abolished the caretaker government system, which the party itself had advocated in 1996.

The Supreme Court held that since parliament cannot hold conscience votes due to Article 70, the provision would have undermined judicial independence.

[27] We, the people of Bangladesh, having proclaimed our independence on the 26th day of March 1971 and through a historic struggle for national liberation, established the independent, sovereign People's Republic of Bangladesh; Pledging that the high ideals of nationalism, socialism, democracy and secularism, which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in, the national liberation struggle, shall be the fundamental principles of the Constitution; Further pledging that it shall be a fundamental aim of the State to realise through the democratic process a 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; States that Bangladesh is a unitary republic.

[50] Prohibits citizens of the Republic from receiving foreign titles, honours, awards or decorations without prior approval by the President.

States that the President will appoint as Prime Minister the member of parliament who appears to command the confidence of the Jatiya Sangsad.

States that Parliament will consist of 300 directly elected members, while 50 seats will be reserved exclusively for women and will be allocated on a proportional basis.

[82] Specifies that a person is required to be a citizen of Bangladesh who has attained the age of 25 years in order to qualify for election to Parliament.

[108] Makes provision for the use of supplementary and excess grants, in the event the total amount authorised to spend in a fiscal year is not sufficient.

[114] States that the President may appoint one or more duly qualified persons to serve as an Additional Judge for a period not exceeding two years.

[137] Specifies that in order to qualify for registration as a voter, an individual is required to be a citizen of Bangladesh who has attained the age of 18 years.

[151] Makes provision for the reorganisation of the services of the Republic[152] The committee of the artistic decoration work for the constitution was presided by Jainul Abedin.

This commiittee also included Hashem Khan, Jonabul Islam, Abul Barak Alvi and Shamarjit Ray Chowdhury.

The Constitution of Bangladesh, since its adoption in 1972, has repeatedly come under criticism for its failure to build institutionalism in governance and politics, safeguard human rights, and ensure the independence of the judiciary and the legislature from the executive.

"[167][168][169] Dr. Kamal Hossain, who is described as the "father of the Bangladeshi Constitution", has been an ardent supporter of reforming the document to reflect the values of the 21st century.

[171] A. T. M. Shamsul Huda, a former Chief Election Commissioner, has called for a Constitutional amendment to ensure "checks and balances" and the separation of powers.

[175][176] Rifat Hasan contends that the current constitution has lost its ethical authority to its citizens, particularly in the context of the July uprising, making it necessary to adopt a new one.

[181] [182] However, senior lawyer Z. I. Khan Panna has voiced opposition to the idea, warning that abolishing the constitution now could lead to future repeals within the next decade or two.

Bangladesh has a single codified document as its Constitution, as in the United States, India, Brazil, Pakistan, Germany and France.