Author Topic: THE CONSTITUTION OF THE PEOPLES REPUBLIC OF BANGLADESH  (Read 7004 times)

Offline Shamim Ansary

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THE CONSTITUTION OF THE PEOPLES REPUBLIC OF BANGLADESH
« on: May 24, 2010, 12:08:54 PM »
The Constitution of the People's Republic of Bangladesh
CONTENTS
PREAMBLE

PART I
THE REPUBLIC
Article:
1. The Republic
2. The territory of the Republic
2A. The State religion
3. The State language
4. National anthem, flag and emblem
5. The capital
6. Citizenship
7. Supremacy of the Constitution

PART II
FUNDAMENTAL PRINCIPLES OF STATE POLICY
8. Fundamental principles
9. Promotion of local Government institutions
10. Participation of women in national life
11. Democracy and human rights
12. [Omitted]
13. Principles of ownership
14. Emancipation of peasants and workers
15. Provision of basic necessities
16. Rural development and agricultural revolution
17. Free and compulsory education
18. Public health and morality
19. Equality of opportunity
20. Work as a right and duty
21. Duties of citizens and of public servants
22. Seperation of judiciary from the excutive
23. National culture
24. National monuments, etc.
25. Promotion of international peace, security and solidarity

PART III
FUNDAMENTAL RIGHTS
26. Laws inconsistent with fundamental rights to be void
27. Equality before law
28. Discremination on grounds of religion, etc.
29. Eqality of opportunity in public employment
30. Prohibition of foreign titles, etc.
31. Right to protection of law
32. Protection of right to life and personal liberty
33. Safegards as to arrest and detention
34. Prohibition of forced labour
35. Protection in respect of trial and punishment
36. Freedom of movement
37. Freedom of assembly
38. Freedom of association
39. Freedom of thought and conscience, and of speech
40. Freedom of procession or occupation
41. Freedom of religion
42. Rights of property
43. Protection of home and correspondence
44. Enforcement of fundamental rights
45. Modification of rights in respect of disciplinary law
46. Power to provide indemnity
47. Saving for certain laws
47A. Inapplicability of certain articles

PART IV
THE EXECUTIVE
CHAPTER I - THE PRESIDENT
48. The President
49. Prerogative of marcy
50. Term of office of President
51. President's immunity
52. Impeachment of the President
53. Removal of President on ground of incapacity
54. Speaker to act as President during absence, etc.

CHAPTER II - THE PRIME MINISTER AND THE CABINET
55. The Cabinet
56. Minister
57. Tenure of office of Prime Minister
58. Tenure of office of other Minister
58A. Application of Chapter

CHAPTER II A - NON-PARTY CARE TAKER GOVERNMENT
58B. Non-Party Care-taker Government
58C. Composition of the Non-Party Care-taker Government,
appointment of Advisers, etc.
58D. Functions of Non-Party Care-taker Government
58E. Certain provisions of the Constitution to remain ineffective

CHAPTER III - LOCAL GOVERNMENT
59. Local Government
60. Powers of local government bodies
61. Supreme Command
62. Recuitment, etc., of defence services
63. War

CHAPTER V - THE ATTORNEY-GENERAL
64. The Attorney-General

PART V
THE LEGISLATURE
CHAPTER I-PARLIAMENT
65. Establishment of Parliament
66. Qualifications and disqualifications for election to Parliament
67. Vacation of seats of members
68. Remuneration, etc., of members of Parliament
69. Penalty for member sitting or voting before taking oath
70. Vacation of seat on resignation, etc.
71. Bar against double membership
72. Sessions of Parliament
73. President's address and messages to Parliament
73A. Rights of Ministers as respects Parliament
74. Speaker and Deputy Speaker
75. Rules of procedure, quorum, etc.
76. Stading committees of Parliament
77. Ombudsman
78. Privileges and immunities of Parliament and members
79. Secretariat of Parliament

CHAPTER II-LEGISLATIVE AND FINANCIAL PROCEDURES
80. Legislative procedure
81. Money Bills
82. Recommendation for financial measures
83. Mo taxation except by or under Act of Parliament
84. Consolidated Fund and the Public Account of the Republic
85. Regulation of public moneys
86. Moneys payable to Public Account of Republic
87. Annual financial statement
88. Charges on Consolidated Fund
89. Procedure relating to annual financial statement
90. Appropriation Act
91. Supplementary and excess grants
92. Votes on account, votes of credit, etc.
92A. [Omitted]

CHAPTER III-ORDINANCE MAKING POOWER
93. Ordinance making power

PART VI
THE JUDICIARY
CHAPTER I-THE SUPREME COURT
94. Establishment of Supreme Court
95. Appointment of Judges
96. Tenure of Office of Judges
97. Temporary appointment of Chief Justice
98. Additional Supreme Court Judges
99. Disabilities of Judges
100.Seat of Supreme Court
101.Jueisdiction of High Court Division
102.Powers of High Court Division to issue certain orders and directions, etc.
103.Jurisdiction of Appellate Division
104.Issue and ececution of processis of Appellate Division
105.Review of Judgments or orders by Appellate Division
106.Advisory jurisdiction of Supreme Court
107.Rule making power of the Supreme Court
108.Supreme Court as court of record
109.Superintendence and control over courts
110.Transfer of cases from subordinate courts to High Court Division
111.Binding effect of Supreme Court judgments
112.Action in aid of Supreme Court
113.Staff of Supreme Court

CHAPTER II-SUBORDINATE COURTS
114.Establishment of subordinate courts
115.Appointments to subordinate courts
116.Control and discipline of subordinate courts
116A Judicial officers to be independent in the exercise of their functions

CHAPTER III-ADNINISTRATIVE TRIBUNALS
117. Administrative tribunals
PART VIA-THE NATIONAL PARTY-[OMITTED]

PART VII
ELECTIONS
118.Establishment of Election Commission
119.Functions of Election Commission
120.Staff of Election Commission
121.Single electoral roll for each constituency
122.Qualifications for registration as voter
123.Time for holding elections
124.Parliament may make provision as to elections
125.Validity of election law and elections
126.Executive authorities to assist Election Commission

PART VIII
THE COMPTROLLER AND AUDITOR-GENERAL
127.Establishment of office of Auditor-General
128.Functions of Auditor-General
129.Term of office of Auditor-General
130.Acting Auditor-General
131.Form and manner of keeping public accounts
132.Reports of Auditor-General to be laid before Parliament

PART IX
THE SERVICES OF BANGLADESH
CHAPTER I-SERVICES
133.Appointment and conditions of service
134.Tenure of office
135.Dismissal, etc., of civilian public officers
136.Reorganisation of service

CHAPTER II-PUBLIC SERVICE COMMISSIONS
137.Establishment of Commissions
138.Appointment of members
139.Term of office
140.Functions of Commissions
141.Annual report

PART IXA
EMERGENCY PROVISIONS
141A. Proclamation of Emergency
141B. Suspension of provisions of certain articles during emergencies
141C. Suspension of enforcement of fundamental right during emergencies

PART X
AMENDMENT OF THE CONSTITUTION
142. Power to amend any provision of the Constitution

PART XI
MISCELLANEOUS
143.Property of the Republic
144.Executive authority in relation to property, trade, etc.
145.Contracts and deeds
145A. International treaties
146.Suits in name of Bangladesh
147.Remuneration, etc., of certain officers
148.Oaths of office
149.Saving for existing laws
150.Transitional and temporary provisions
151.Repeals
152.Interpretation
153.Commencement, citation and authenticity

Source: http://www.bangladeshgov.org 04/30/1996
« Last Edit: May 24, 2010, 01:37:59 PM by Shamim Ansary »
"Many thanks to Allah who gave us life after having given us death and (our) final return (on the Day of Qiyaamah (Judgement)) is to Him"

Offline Shamim Ansary

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Re: The Constitution of the People's Republic of Bangladesh
« Reply #1 on: May 24, 2010, 01:22:44 PM »
The Constitution (4th November 1972) of the People's Republic of Bangladesh:


http://www1.umn.edu/humanrts/research/bangladesh-constitution.pdf
"Many thanks to Allah who gave us life after having given us death and (our) final return (on the Day of Qiyaamah (Judgement)) is to Him"

Offline Shamim Ansary

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Re: The Constitution of the People's Republic of Bangladesh
« Reply #2 on: May 24, 2010, 01:30:57 PM »
Constitutional Amendments (First- Thirteen) of the Constitution of the People's Republic of Bangladesh has been amended several times. The following is a brief account of these acts and orders.

First Amendment Act The Constitution (First Amendment) Act 1973 was passed on 15 July 1973. It amended Article 47 of the constitution by inserting an additional clause which allowed prosecution and punishment of any person accused of 'genocide, crimes against humanity or war crimes and other crimes under international law'. After Article 47 it inserted a new Article 47A specifying inapplicability of certain fundamental rights in those cases.

Second Amendment Act The Constitution (Second Amendment) Act 1973 was passed on 22 September 1973. This act resulted in the (i) amendment of Articles 26, 63, 72 and 142 of the constitution; (ii) substitution of Article 33 and (iii) the insertion of a new part ie IXA in the constitution. Provisions were made through this amendment for the suspension of some fundamental rights of citizens in an emergency.

Third Amendment Act The Constitution (Third Amendment) Act 1974 was enacted on 28 November 1974 by bringing in changes in Article 2 of the constitution with a view to giving effect to an agreement between Bangladesh and India in respect of exchange of certain enclaves and fixation of boundary lines between India and Bangladesh .

Fourth Amendment Act The Constitution (Fourth Amendment) Act 1975 was passed on 25 January 1975. Major changes were brought into the constitution by this amendment. The presidential form of government was introduced in place of the parliamentary system; a one-party system in place of a multi-party system was introduced; the powers of the jatiya sangsad were curtailed; the Judiciary lost much of its independence; the supreme court was deprived of its jurisdiction over the protection and enforcement of fundamental rights. This Act (i) 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; (ii) substituted Articles 44, 70, 102, 115 and 124 of the constitution; (iii) amended part III of the constitution out of existence; (iv) altered the Third and Fourth Schedule; (v) extended the term of the first Jatiya Sangsad; (vi) made special provisions relating to the office of the president and its incumbent; (vii) inserted a new part, ie part VIA in the constitution and (viii) inserted articles 73A and 116A in the constitution.

Fifth Amendment Act This 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.

Sixth Amendment Act The Sixth Amendment Act was enacted by the Jatiya Sangsad with a view to amending Articles 51 and 66 of the 1981 constitution.

Seventh Amendment Act This 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.

Eighth Amendment Act This Amendment Act was passed on 7 June 1988. It amended Articles 2, 3, 5, 30 and 100 of the constitution. This Amendment Act (i) declared islam as the state religion; (ii) decentralised the judiciary by setting up six permanent benches of the High Court Division outside Dhaka; (iii) amended the word 'Bengali' into 'Bangla' and 'Dacca' into 'Dhaka' in Article 5 of the constitution; (iv) amended Article 30 of the constitution by prohibiting acceptance of any title, honours, award or decoration from any foreign state by any citizen of Bangladesh without the prior approval of the president. It may be noted here that the Supreme Court subsequently declared the amendment of Article 100 unconstitutional since it had altered the basic structure of the constitution.

Ninth Amendment Act The Constitution (Ninth Amendment) Act 1989 was passed in July 1989. This amendment provided for the direct election of the vice-president; it restricted a person in holding the office of the president for two consecutive terms of five years each; it also provided that a vice-president might be appointed in case of a vacancy, but the appointment must be approved by the Jatiya Sangsad.

Tenth Amendment Act The Tenth Amendment Act was enacted on 12 June 1990. It amended, among others, Article 65 of the constitution, providing for reservation of thirty seats for the next 10 years in the Jatiya Sangsad exclusively for women members, to be elected by the members of the Sangsad.

Eleventh Amendment Act This Act was passed on 6 August 1991. It amended the Fourth Schedule to the constitution by adding a new paragraph 21 thereto which legalised the appointment and oath of shahabuddin ahmed, Chief Justice of Bangladesh, as the vice-president of the Republic and the resignation tendered to him on 6 December 1990 by the then President hussain m ershad. This Act ratified, confirmed and validated all powers exercised, all laws and ordinances promulgated, all orders made and acts and things done, and actions and proceedings taken by the vice-president as acting president during the period between 6 December 1990 and the day (9 October 1991) of taking over the office of the president by the new President abdur rahman biswas, duly elected under the amended provisions of the constitution. The Act also confirmed and made possible the return of vice-president Shahabuddin Ahmed to his previous position of the Chief Justice of Bangladesh.

Twelfth Amendment Act This Amendment Act, known as the most important landmark in the history of constitutional development in Bangladesh, was passed on 6 August 1991. It amended Articles 48, 55, 56, 57, 58, 59, 60, 70, 72, 109, 119, 124, 141A and 142. Through this amendment the parliamentary form of government was re-introduced in Bangladesh; 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; 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, thus stabilising the base of democracy in the country.

Thirteenth Amendment Act The Constitution (Thirteenth Amendment) Act 1996 was passed on 26 March 1996. It provided for a non-party caretaker government which, acting as an interim government, would give all possible aid and assistance to the Election Commission for holding the general election of members of the Jatiya Sangsad peacefully, fairly and impartially. The non-party caretaker government, comprising the Chief Adviser and not more than 10 other advisers, would be collectively responsible to the president and would stand dissolved on the date on which the prime minister entered upon his office after the constitution of the new Sangsad.
"Many thanks to Allah who gave us life after having given us death and (our) final return (on the Day of Qiyaamah (Judgement)) is to Him"

Offline dider

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Re: THE CONSTITUTION OF THE PEOPLES REPUBLIC OF BANGLADESH
« Reply #3 on: May 31, 2010, 01:51:49 PM »
Thanx for yr post. Encouraging.
K. Dider-us-Salam
Senior Lecturer, Department of Law.