Fifteenth Amendment to the Constitution of Bangladesh

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The Fifteenth Amendment to the Constitution of Bangladesh was passed on 30 June 2011. [1] On 17 December 2024, it was declared illegal by the Supreme Court of Bangladesh. [2] [3] This amendment made some significant changes to the constitution: [4] [5]

Contents

Amendments

History

After the fall of Hasina regime, on 17 December 2024, The High Court Division of the supreme court declared this 15th amendments partial illegal. [6] [7]

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<span class="mw-page-title-main">History of Bangladesh</span>

The history of Bangladesh dates back over four millennia to the Chalcolithic period. The region's early history was characterized by a succession of Hindu and Buddhist kingdoms and empires that fought for control over the Bengal region. Islam arrived in the 8th century and gradually became dominant from the early 13th century with the conquests led by Bakhtiyar Khalji and the activities of Sunni missionaries like Shah Jalal. Muslim rulers promoted the spread of Islam by building mosques across the region. From the 14th century onward, Bengal was ruled by the Bengal Sultanate, founded by Fakhruddin Mubarak Shah, who established an individual currency. The Bengal Sultanate expanded under rulers like Shamsuddin Ilyas Shah, leading to economic prosperity and military dominance, with Bengal being referred to by Europeans as the richest country to trade with. The region later became a part of the Mughal Empire, and according to historian C. A. Bayly, it was probably the empire's wealthiest province.

<span class="mw-page-title-main">Politics of Bangladesh</span> Politics in Bangladesh

Politics of Bangladesh takes place in a framework of a parliamentary representative democratic republic, whereby the Prime Minister of Bangladesh is the head of government and of a multi-party system. Executive power is exercised by the government. Legislative power is vested in both the government and parliament. The Constitution of Bangladesh was written in 1972 and has undergone seventeen amendments.

<span class="mw-page-title-main">Sheikh Mujibur Rahman</span> Bangladeshi revolutionary and statesman (1920–1975)

Sheikh Mujibur Rahman, also known by the honorific Bangabandhu, was a Bangladeshi politician, revolutionary, statesman, activist and diarist, who was the founding leader of Bangladesh. As the leader of Bangladesh, he had held continuous positions either as Bangladesh's president or as its prime minister from April 1971 until his assassination in August 1975. His nationalist ideology, socio-political theories, and political doctrines are collectively known as Mujibism.

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

The Constitution of Bangladesh is the supreme law of Bangladesh. Adopted by the 'controversial' and virtually "one-party" Constituent Assembly of Bangladesh on 4 November 1972, it came into effect on 16 December 1972. The Constitution establishes Bangladesh as a unitary parliamentary republic. Directly borrowing from the four tenets of Mujibism, the political ideology of Sheikh Mujibur Rahman, the constitution states nationalism, socialism, democracy and secularism as its four fundamental principles.

<span class="mw-page-title-main">Kamal Hossain</span> Bangladeshi politician and lawyer (born 1937)

Kamal Hossain, better known as Dr. Kamal, is a founding leader, lawyer and politician of Bangladesh. He is known as the "Father of the Bangladeshi Constitution" and regarded as an icon of secular democracy in the Indian subcontinent. Hossain currently heads his own law firm in Dhaka. He retired from political activities and from the post of president of Gano Forum in October 2023.

<span class="mw-page-title-main">Supreme Court of Bangladesh</span> Highest court of Bangladesh

Supreme Court of Bangladesh is the highest court of law in Bangladesh. It is composed of the High Court Division and the Appellate Division, and was created by Part VI Chapter I of the Constitution of Bangladesh adopted in 1972. This is also the office of the chief justice, Appellate Division justices, and High Court Division justices of Bangladesh. As of August 2024, there are 6 justices in the Appellate Division and 78 justices in the High Court Division.

<span class="mw-page-title-main">High Court Division, Supreme Court of Bangladesh</span> Highest court of Peoples Republic of Bangladesh

The High Court Division, Supreme Court of Bangladesh, popularly known as High Court, is one of the two divisions of the Supreme Court of Bangladesh, the other division being the Appellate Division. It consists of the Chief Justice of Bangladesh and the Justices of the High Court Division.

<span class="mw-page-title-main">Caretaker government of Bangladesh</span> Form of government in Bangladesh

A caretaker government of Bangladesh, is an unelected interim government in Bangladesh tasked with organizing free and fair general elections. The Chief Adviser, the head of government in lieu of the Prime Minister, is appointed by the President. The Chief Advisor appoints other advisers, who act as ministers. The appointments are intended to be nonpartisan.

The United Nations categorizes Bangladesh as a moderate democratic Muslim country. Sunni Islam is the largest religion in the country and in all of its districts, except Rangamati. The Constitution of Bangladesh refers to Islam twice: the document begins with the Islamic phrase Bismillahir Rahmanir Raheem and article (2A), added later, declares that: "Islam is the state religion of the republic".

<span class="mw-page-title-main">History of Bangladesh (1971–present)</span> Post-independence history of Bangladesh

The history of Bangladesh (1971–present) refers to the period after the independence of Bangladesh from Pakistan.

<span class="mw-page-title-main">Bangladesh Jamaat-e-Islami</span> Political party of Bangladesh

Bangladesh Jamaat-e-Islami, previously known as Jamaat-e-Islami Bangladesh, is the largest Islamist political party in Bangladesh.

<span class="mw-page-title-main">7 March Speech of Sheikh Mujibur Rahman</span> 1971 speech by the Founding Leader of Bangladesh

The 7th March Speech of Bangabandhu, or the 7/3 Speech, was a public speech given by Sheikh Mujibur Rahman, the founding leader of Bangladesh on 7 March 1971 at the Ramna Race Course in Dhaka to a gathering of over one million (1,000,000) people. It was delivered during a period of escalating tensions between East Pakistan and the powerful political and military establishment of West Pakistan. In the speech, Bangabandhu informally declared the independence of Bangladesh, proclaiming: "The struggle this time, is a struggle for our liberty. The struggle this time, is a struggle for our independence." He announced a civil disobedience movement in the province, calling for "every house to turn into a fortress".

<span class="mw-page-title-main">1969 East Pakistan mass uprising</span> Uprising in East Pakistan against Muhammad Ayub Khan

The 1969 East Pakistan uprising was a democratic political uprising in East Pakistan. It was led by the students backed by various political parties such as the Awami League, National Awami Party, and Communist party of East Pakistan and their student wings, and the cultural fronts against Muhammad Ayub Khan, the president of Pakistan in protest of the oppressive military rule, political repressions, Agartala Conspiracy Case and the incarceration of Bangabandhu Sheikh Mujibur Rahman and other Bengali nationalists.

The 1982 coup d'état was a military coup by Lt. Gen. Hussain Muhammad Ershad, the then-Chief of Army Staff of Bangladesh, against President Abdus Sattar. After serving initially as the Chief Martial Law Administrator and installing a civilian president, Justice A. F. M. Ahsanuddin Chowdhury, Ershad assumed presidency in 1983 and ruled until 1990.

<span class="mw-page-title-main">Joy Bangla</span> Slogan in Bengal region

Joy Bangla is a slogan and was a war cry used in Bangladesh and in the Indian state of West Bengal to indicate nationalism towards the geopolitical, cultural and historical region of Bengal and Bangamata. It translates roughly to "Victory to Bengal" or "Hail Bengal".

<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. And yet, after the assassination of Sheikh Mujibur Rahman in 1975, Bangladesh went to military rule, and in 1979 removed the term secular from their constitution. Article 12 elaborates further on secularism and freedom of religion.

<span class="mw-page-title-main">Constituent Assembly of Bangladesh</span> Provisional legislature of Bangladesh from 1971–3

The Constituent Assembly of Bangladesh was the first and, to date, the only constitution-making body of Bangladesh, convened in 1972 by the government of Sheikh Mujibur Rahman following the country's independence. It comprised representatives elected in the national and provincial council elections of Pakistan held in 1970.

Second Revolution was a political hypothesis presented by the "founding father" of Bangladesh, Sheikh Mujibur Rahman. The hypothesis included a series of reforms in the three pillars of a state: administrative, judiciary and legislative systems. The reforms were enacted through the fourth amendment to the constitution of Bangladesh. BaKSAL was formed as the decision making council to carry out the revolution.

<span class="mw-page-title-main">Amendments to the Constitution of Bangladesh</span> Bangladeshi constitutional history

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. As of 2018 the Constitution has been amended 17 times. 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 . Amending the Constitution of Bangladesh is the process of making changes to the nation's supreme law.

The Fifth Amendment to the Constitution of Bangladesh ratified and confirmed all proclamations, orders, regulations and laws, and amendments, additions, modifications, substitutions and omissions made in the constitution during the period between 15 August 1975 and 9 April 1979 by the authorities when the country was under martial law. It was passed on 6 April 1979 by the newly convened parliamentary session led by President Ziaur Rahman.

References

  1. "15th amendment ruined democracy". The Daily Star. 14 November 2024.
  2. "15th amendment to constitution declared illegal". The Financial Express . 17 December 2024.
  3. "15th amendment to abolish caretaker govt is illegal, HC verdict". The Daily Observer . 17 December 2024. Archived from the original on 17 December 2024.
  4. "Fifteenth Amendment introduces fusion of ideologies". The Opinion Pages. 2011-07-07. Retrieved 2016-05-07.
  5. "15th constitutional amendment stops capturing power illegally: PM". The Business Standard. 2023-01-31. Retrieved 2023-03-11.
  6. "High Court declares 15th Amendment illegal". Daily Sun. 17 December 2024.
  7. "Caretaker govt revived following nation's will, says HC". The Business Standard . 17 December 2024.