Amendments to the Constitution of Bangladesh

Last updated

The Constitution of the People's Republic of Bangladesh was adopted by the Constituent Assembly on 4 November 1972 and became effective on 16 December 1972 one year after Bangladesh's victory in the War of Liberation. [1] [2] As of 2018 the Constitution has been amended 17 times. [3] The procedure for amendments is demarcated in Article 142, a bill must be presented in the Jatiya Sangsad with the support of no less than two-thirds of all its members (233 MPs). [4] Amending the Constitution of Bangladesh is the process of making changes to the nation's supreme law.

Contents

Amendments

First amendment

Passed on 15 July 1973, the first amendment was made to the Article 47 of the constitution. The amendment inserted an additional clause, Article 47(3), that states that any law regarding prosecution or punishment of war crimes cannot be declared void or unlawful on grounds of unconstitutionality. A new Article 47A was also added, which specifies that certain fundamental rights will be inapplicable in those cases. [5]

Second amendment

The second amendment of the constitution was passed on 22 September 1973. It suspended some of the fundamental rights of the citizens during a state of emergency. The act made following changes to the constitution: [6]

Third amendment

Third Amendment was passed on 28 November 1974 that brought changes in Article 2 of the constitution. An agreement was made between Bangladesh and India in respect of exchange of certain enclaves and fixation of boundary lines between the countries. [7]

Fourth amendment

The amendment was passed on 25 January 1975.

  1. Amended articles 11, 66, 67, 72, 74, 76, 80, 88, 95, 98, 109, 116, 117, 119, 122, 123, 141A, 147 and 148 of the constitution.
  2. Substituted Articles 44, 70, 102, 115 and 124 of the constitution.
  3. Amended part III of the constitution out of existence.
  4. Altered the Third and Fourth Schedule.
  5. Extended the term of the first Jatiya Sangsad.
  6. Inserted a new part, VIA in the constitution and.
  7. Inserted new articles 73A and 116A in the constitution.

Significant changes included:

Fifth Amendment

The Fifth Amendment Act was passed by the Jatiya Sangsad on 6 April 1979. This Act amended the Fourth Schedule to the constitution by adding a new paragraph 18 thereto, which provided that all amendments, additions, modifications, substitutions and omissions made in the constitution during the period between 15 August 1975 and 9 April 1979 (both days inclusive) by any Proclamation or Proclamation Order of the Martial Law Authorities had been validly made and would not be called in question in or before any court or tribunal or authority on any ground whatsoever. [8]

Sixth Amendment

This Amendment Act was passed 10 July 1981. The Sixth Amendment Act was enacted by the Jatiya Sangsad with a view to amending Articles 51 and 66 of the 1981 constitution. [8]

Seventh Amendment

The Seventh Amendment Act was passed on 11 November 1986. It amended Article 96 of the constitution; it also amended the Fourth Schedule to the constitution by inserting a new paragraph 19 thereto, providing among others that all proclamations, proclamation orders, Chief Martial Law Administrator's Orders, Martial Law Regulations, Martial Law Orders, Martial Law Instructions, ordinances and other laws made during the period between 24 March 1982 and 11 November 1986 (both days inclusive) had been validly made, and would not be called in question in or before any court or tribunal or authority on any ground whatsoever. [9] In summary, the amendment protected Hussain Muhammad Ershad and his regime from prosecution for actions taken under the years of military rule, following the 1982 coup d'état until the 1986 presidential election.

Eighth Amendment

This Amendment Act was passed 9 June 1988. The Constitution (Eighth Amendment) Act, 1988 declared, among others, that Islam shall be state religion (Article 2A) and also decentralised the judiciary by setting up six permanent benches of the High Court Division outside Dhaka (Article 100). Anwar Hussain . Vs. Bangladesh [10] widely known as 8th Amendment case is a famous judgment in the constitutional record of independence Bangladesh. This is the earliest judgment whereby the Supreme Court of Bangladesh as salient down an amendment to the constitution ready by the parliament.

Ninth Amendment

This Amendment Act was passed on 11 July 1989.

Twelfth Amendment

The Twelfth Amendment Act was passed on 18 September 1991, following a constitutional referendum. It amended Articles 48, 55, 56, 57, 58, 59, 60, 70, 72, 109, 119, 123(1) and (2) 124, 141A and 142, restoring executive powers to the Prime Minister's Office, as per the original 1972 constitution, but which had been held by the President's Office since 1974. Instead, the President became the constitutional head of the state; the Prime Minister became the executive head; the cabinet headed by the Prime Minister became responsible to the Jatiya Sangsad; the post of the Vice President was abolished and the President was required to be elected by the members of the Jatiya Sangsad. Moreover, through Article 59 of the Constitution, this Act ensured the participation of the people's representatives in local government bodies. [9]

Thirteenth Amendment

The Constitution (Thirteenth Amendment) Act, 1996 (28 March) introduced a non-party Caretaker Government (CtG) system which, acting as an interim government, would give all possible aid and assistance to the Election Commission for holding the general election. It was declared illegal on 10 May 2011 by the Appellate Division of Supreme Court. Though High Court declared it legal previously on 4 August 2004.

Fourteenth Amendment

The Fourteenth Amendment was passed on 17 May 2004.The main provision for this amendment is concerned about women in parliament.

Fifteenth amendment

The Fifteenth Amendment was passed on 30 June 2011 made some significant changes to the constitution. The amendment made following changes to the constitution: [11]

Sixteenth amendment

The 16th amendment of the constitution was passed by the parliament on 22 September 2014, which gave power to the Jatiya Sangsad to remove judges if allegations of incapability or misconduct against them are proved. [12] On 5 May 2016, the Supreme Court of Bangladesh declared the 16th Amendment illegal and contradictory to the Constitution. [13]

Seventeenth Amendment

The 17th amendment of the constitution was passed by the Jatiya Sangsad on 8 July 2018. The amendment extended the tenure of the 50 reserved seats for women for another 25 years. [14]

Related Research Articles

A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions, thus changing the frame of government without altering the existing text of the document.

<span class="mw-page-title-main">Constitution of Bangladesh</span> Supreme law of Bangladesh

The Constitution of Bangladesh, officially the Constitution of the People's Republic of Bangladesh is the supreme law of Bangladesh. The document provides the framework that demarcates the Bangladeshi republic with a unitary, parliamentary democracy, that enshrines fundamental human rights and freedoms, an independent judiciary, democratic local government and a national bureaucracy.

<span class="mw-page-title-main">Constitution of Singapore</span> Supreme law of Singapore

The Constitution of the Republic of Singapore is the supreme law of Singapore. A written constitution, the text which took effect on 9 August 1965 is derived from the Constitution of the State of Singapore 1963, provisions of the Federal Constitution of Malaysia made applicable to Singapore by the Republic of Singapore Independence Act 1965, and the Republic of Singapore Independence Act itself. The text of the Constitution is one of the legally binding sources of constitutional law in Singapore, the others being judicial interpretations of the Constitution, and certain other statutes. Non-binding sources are influences on constitutional law such as soft law, constitutional conventions, and public international law.

The basic structure doctrine is a common law legal doctrine that the constitution of a sovereign state has certain characteristics that cannot be erased by its legislature. The doctrine is recognised in India, Bangladesh, Pakistan, and Uganda. It was developed by the Supreme Court of India in a series of constitutional law cases in the 1960s and 1970s that culminated in Kesavananda Bharati v. State of Kerala, where the doctrine was formally adopted. Bangladesh is perhaps the only legal system in the world which recognizes this doctrine with an expressed, written and rigid constitutional manner through article 7B of its Constitution.

The Fundamental Rights in India enshrined in part III of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These rights are known as "fundamental" as they are the most essential for all-round development i.e., material, intellectual, moral and spiritual and protected by fundamental law of the land i.e. constitution. If the rights provided by Constitution especially the Fundamental rights are violated the Supreme Court and the High Courts can issue writs under Articles 32 and 226 of the Constitution, respectively, directing the State Machinery for enforcement of the fundamental rights.

<span class="mw-page-title-main">Forty-second Amendment of the Constitution of India</span> Amendment to the Indian Constitution

The 42nd amendment, officially known as The Constitution Act, 1976, was enacted during the Emergency by the Indian National Congress government headed by Indira Gandhi.

<i>Kesavananda Bharati v. State of Kerala</i> 1970 decision of the Supreme Court of India

Kesavananda Bharati Sripadagalvaru & Ors. v. State of Kerala & Anr., also known as the Kesavananda Bharati judgement, was a landmark decision of the Supreme Court of India that outlined the basic structure doctrine of the Indian Constitution. The case is also known as the Fundamental Rights Case. The court in a 7-6 decision asserted its right to strike down amendments to the constitution that were in violation of the fundamental architecture of the constitution.

<span class="mw-page-title-main">Law of Bangladesh</span> Overview of the law of Bangladesh

Bangladesh is a common law country having its legal system developed by the British rulers during their colonial rule over British India. The land now comprises Bangladesh was known as Bengal during the British and Mughal regime while by some other names earlier. Though there were religious and political equipments and institutions from almost prehistoric era, Mughals first tried to recognise and establish them through state mechanisms. The Charter of 1726, granted by King George I, authorised the East India Company to establish Mayor's Courts in Madras, Bombay and Calcutta and is recognised as the first codified law for the British India. As a part of the then British India, it was the first codified law for the then Bengal too. Since independence in 1971, statutory law enacted by the Parliament of Bangladesh has been the primary form of legislation. Judge-made law continues to be significant in areas such as constitutional law. Unlike in other common law countries, the Supreme Court of Bangladesh has the power to not only interpret laws made by the parliament, but to also declare them null and void and to enforce fundamental rights of the citizens. The Bangladesh Code includes a compilation of all laws since 1836. The vast majority of Bangladeshi laws are in English. But most laws adopted after 1987 are in Bengali. Family law is intertwined with religious law. Bangladesh has significant international law obligations.

1979 (MCMLXXIX) was a common year starting on Monday of the Gregorian calendar, the 1979th year of the Common Era (CE) and Anno Domini (AD) designations, the 979th year of the 2nd millennium, the 79th year of the 20th century, and the 10th and last year of the 1970s decade.

<span class="mw-page-title-main">Twenty-fifth Amendment of the Constitution of India</span> Permits eminent domain

The Twenty-fifth Amendment of the Constitution of India, officially known as The Constitution Act, 1971, curtailed the fundamental right to property, and permitted the acquisition of private property by the government for public use, on the payment of compensation which would be determined by the Parliament and not the courts. The amendment also exempted any law giving effect to the article 39(b) and (c) of Directive Principles of State Policy from judicial review, even if it violated the Fundamental Rights.

Amending the Constitution of India is the process of making changes to the nation's fundamental law or supreme law. The procedure of amendment in the constitution is laid down in Part XX of the Constitution of India. This procedure ensures the sanctity of the Constitution of India and keeps a check on arbitrary power of the Parliament of India.

<i>I.C. Golaknath and Ors. vs State of Punjab and Anrs.</i> 1967 Supreme Court of India case

Golaknath v. State Of Punjab, or simply the Golaknath case, was a 1967 Indian Supreme Court case, in which the Court ruled that Parliament could not curtail any of the Fundamental Rights in the Constitution.

<span class="mw-page-title-main">Constitution of Samoa</span>

The Constitution of Samoa is a written constitution which is the supreme law in Samoa. It establishes Samoa as a parliamentary republic with a Westminster system and responsible government. It outlines the structure and powers of the Samoan government's three parts: the executive, legislature, and judiciary.

<span class="mw-page-title-main">Secularism in Bangladesh</span> Overview of the secularism in Bangladesh

Secularism in Bangladesh is known as "neutrality of religion" under Bangladeshi law. In the Constitution of Bangladesh, secularism is mentioned in the preamble as one of the fundamental principles of Bangladeshi law. Article 8 enshrines secularism as one of the fundamental principles of state policy. Article 12 elaborates further on secularism and freedom of religion.

<span class="mw-page-title-main">Twenty-fourth Amendment of the Constitution of India</span> Constitutional amendment

The Twenty-fourth Amendment of the Constitution of India, officially known as The Constitution Act, 1971, enables Parliament to dilute Fundamental Rights through Amendments of the Constitution. It also amended article 368 to provide expressly that Parliament has power to amend any provision of the Constitution. The amendment further made it obligatory for the President to give his assent, when a Constitution Amendment Bill was presented to him.

Bangladesh Italian Marble Works Ltd. v. Government of Bangladesh is a case of the Appellate Division of the Supreme Court of Bangladesh. In a significant verdict in 2010, the court overturned the fifth amendment to the Constitution of Bangladesh made in 1979; and strengthened the secular democratic character of the Bangladeshi republic.

The term judicial review is not expressly used in Bangladeshi law, but Article 102 of the Constitution of Bangladesh allows writ petitions to be filed at the High Court Division for reviewing the actions of public authorities, or suspending proceedings in lower courts. The article has caused significant judicial activism in Bangladesh. In the 1970s, Article 102 was employed by the courts to set a precedent for invalidating detentions under the Special Powers Act. The courts have struck down constitutional amendments and enforced democratic local government under Article 102. The scope of such judicial review has expanded greatly since Justice Mustafa Kamal formally accepted public interest litigation for the first time in 1996, allowing associations and NGOs espousing the public's cause to file for judicial review.

Judicial review in India is a process by which the Supreme Court and the High Courts of India examine, determine and invalidate the Executive or Legislative actions inconsistent with the Constitution of India. The word judicial review finds no mention in the Constitution of India but The Constitution of India implicitly provides for judicial review through Articles 13, 32 and through 136, 142 and 226.

<span class="mw-page-title-main">Forty-third Amendment of the Constitution of India</span>

The Forty-third Amendment of the Constitution of India, officially known as the Constitution Act, 1977, repealed six articles that had been inserted into the Constitution by the 42nd Amendment which had been enacted by the Indira Gandhi-led Indian National Congress during the Emergency. The 43rd Amendment was enacted by the newly elected Janata Party which had won the 1977 general elections campaigning on a promise to "restore the Constitution to the condition it was in before the Emergency".

The Fifteenth Amendment to the Constitution of Bangladesh was passed on 30 June 2011. This amendment made some significant changes to the constitution:

References

  1. ↑ Shaukat, Reema (16 December 2015). "The 1971 saga". The Nation . Retrieved 30 March 2016.
  2. ↑ "Constitution of the People's Republic of Bangladesh (Preamble)". Government of Bangladesh. 4 November 1972.
  3. ↑ "17th amendment to constitution passed". The Daily Star . 8 July 2018. Retrieved 6 September 2018.
  4. ↑ "Article 142. Power to amend any provision of the Constitution". Ministry of Law, Justice and Parliamentary Affairs . 4 November 1972. Archived from the original on 28 February 2023. Retrieved 28 February 2023.
  5. ↑ Razzaq, Abdur (2015). "The tribunals in Bangladesh: Falling short of international standards". In Sellars, Kirsten (ed.). Trials for International Crimes in Asia. Cambridge University Press. p. 344. ISBN   978-1-107-10465-5.
  6. ↑ Islam, S. Nazrul (2016). Governance for Development: Political and Administrative Reforms in Bangladesh. Palgrave Macmillan. p. 71. ISBN   978-1-137-54253-3.
  7. ↑ "The Constitution (Third Amendment) Act". 1974.
  8. 1 2 Ahamed, Emajuddin (2012). "Constitutional Amendments". In Islam, Sirajul; Jamal, Ahmed A. (eds.). Banglapedia: National Encyclopedia of Bangladesh (Second ed.). Asiatic Society of Bangladesh.
  9. 1 2 "Constitutional_Amendments". Banglapedia. 19 March 2015. Retrieved 30 December 2018.
  10. ↑ Chowdhury, Badrul Haider (2 September 1989). "Anwar Hossain Chowdhury vs. Bangladesh (Eighth Amendment Judgment)". Lex Intell. Archived from the original on 28 August 2021. Retrieved 28 August 2021.
  11. ↑ "Fifteenth Amendment introduces fusion of ideologies". The Opinion Pages. 7 July 2011. Retrieved 7 May 2016.
  12. ↑ "HC rules 16th amendment illegal". Dhaka Tribune . Retrieved 7 May 2016.
  13. ↑ "16th amendment illegal: HC". Prothom Alo . Archived from the original on 25 November 2017. Retrieved 7 May 2016.
  14. ↑ Report, Star Online (8 July 2018). "17th amendment to constitution passed". The Daily Star . Archived from the original on 20 December 2022. Retrieved 20 December 2022.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.