Assignment on Constitution of bangladesh

7/24/2019 Assignment on Constitution of bangladesh

1/13

Assignment

On

mendments of the constitution of

Bangladesh: n nalytical study of 4

th

and

12

th

mendment.

Course Code: LAW 201

Course Title: Constitutional Law of Bangladesh

Date of Submission :160!201"

Submitted To:

Md. Monjurul Islam

Lecturer

Department of Law

Daodil International University

Submitted By:ID: 141-2-!!ID: 141-2-!4!ID: 141-2-!4"ID: 141-2-!!4ID: 141-2-!4

Section: ADepartment of Law

Daodil International University
http://faculty.daffodilvarsity.edu.bd/monjurul/index.phphttp://faculty.daffodilvarsity.edu.bd/monjurul/index.php


2/13

To#i$: Amendments of the constitution of

Bangladesh: An Analytical study of 4thand 12th

Amendment.

Table of Contents

Sl. No. Topics Page No.

01 Introduction 01

02 Constitutional Amendments 02

03 Amendment Procedure of the constitution of Bangladesh 03

0 Amendments of the constitution of Bangladesh 0

0! Anal"tical stud" on th

Amendment #escription of the $ourth

Amendment

0%

The changes &rought &" th

Amendment

10

0' Anal"tical stud" on 12th

Amendment

#escription of the 12th

Amendment

1!

The changes &rought &" 12 th

Amendment

1'

0( Conclusion 1)

0% *eferences 20

%ntrodu$tion


3/13

In the modern +orld, constitution is the sine-ua-no for an" countr" to operate its all sort of

functions properl". Constitution means- the collection of principles according to +hich the

po+er of the go/ernment, the rights of the go/erned and the relation &et+een the t+o

adusted. Professor ord Br"ce sa"s- Constitution is a set of esta&lished rules em&od"ing

and enacting the practice of go/ernment. $inall", constitution is a set of rules or la+s,

+ritten or un+ritten +hich determined the organi4ation of go/ernment, the distri&ution of

po+ers of /arious organs of go/ernment and the general principles on +hich these po+er are

e5ercised.

The constitution of the People6s *epu&lic of Bangladesh has &een adopted as the highest la+

of the countr" on 1' #ecem&er, 1)(2 after passing it on No/em&er , 1)(2 in the Constituent

Assem&l" of Bangladesh. After that it has &een amended si5teen times.


4/13

Constitutional Amendments

A constitutional amendment refers to the modification of the Constitutionof a nation or state.

In man" urisdictions the te5t of the constitution itself is altered7 in others the te5t is not

changed, &ut the amendments change its effect. The +a" of modification is t"picall" +ritten

into the Constitution itself.

8ost constitutions as reuire that amendments cannot &e enacted unless the" ha/e passed a

special procedure that is more stringent than that reuired of ordinar" legislation. 95amples

of such special procedures include supermaoritiesin the legislature, or direct appro/al &" the

electorate in a referendum, or e/en a com&ination of t+o or more different special

procedures. A referendum to amend the constitution ma" also &e triggered in some

urisdictions &"popular initiati/e.

AustraliaandIrelandpro/ide e5amples of constitutions reuiring that all amendments are

first passed &" the legislature &efore &eing su&mitted to the people7 in the case of Ireland, a

simple maorit" of those /oting at the electorate is all that is reuired, +hereas a more

comple5 set of criteria must &e met in Australia :a maorit" of /oters in a maorit" of states is

also necessar";. S+it4erlandhas procedure similar to that of Australia.

In Bangladesh, Parliament +as gi/en the po+er to amend the constitution. Art.12 pro/ided

for a special procedure for such amendment and prescri&ed that no Bill for amendment

should &e presented to the President unless it +as passed &" the /otes of not less than t+o-thirds of the total num&er of mem&ers of Parliament.

Amendment &ro$edure of the $onstitution of Bangladesh

1. According to our main constitution article 12. If +e +ant to change an" pro/ision +e

ha/e to &ring a &ill +riting +hat articles are changed.

2. According to main constitution it is needed the support of 2


5/13

1stAmendment:

The first amendment +as &rought in >ul" 1)(3 in the first elected >ati"a Sangsad under the

ne+l" framed constitution. T+o articles +ere incorporated in section ( of the constitution in

order to formulate la+s and e5ecute those to tr" criminals +ho committed genocide, crimesagainst humanit", +ar crimes and crimes under international la+s.

2ndAmendment:

The second amendment +as passed on Septem&er 22 in 1)(3 to facilitate the go/ernment to

promulgate emergenc" and suspension of fundamental rights, allo+ go/ernment to detain

people +ithout trial for certain periods.

3rd

Amendment:The third amendment +as made part of the constitution on No/em&er 2%, 1)( in order to

implement a treat" &et+een Shei?h 8ui& and Indira @andhi in to hando/er an encla/e

named Beru&ari to India.

4tAmendment:

The forth amendment to the constitution +as passed on >anuar" 2! in 1)(! through +hich

parliamentar" s"stem of go/ernment +as replaced &" presidential form of go/ernment.

Introduction of one-part", curtail independence of udiciar" +ere also made part of the

constitution.

!tAmendment:

The fifth amendment +as &rought on April ' in 1)(). It did not in fact &ring an" change to

an" section of the constitution, rather it indemnif" all orders, promulgations and sentences

&et+een August 1!, 1)(! and April ', 1)() +hen the +as under martial la+.

"tAmendment:

The si5th constitutional amendment +as passed on >ul" 10 in 1)%1 through +hich pro/ision

+as made that offices of president, prime minister, ministers, state ministers and deput"

ministers +ill not &e considered as offices of profit.

#tAmendment:

$rom 8arch 2, 1)%2 to No/em&er 10, 1)%' the countr" +as ruled &" militar" ruler @eneral

9rshad. The se/enth amendment to the constitution +as &rought on No/em&er 11, 1)%' toindemnif" all acts, la+s and orders during the tenure of martial la+. nder this amendment


6/13

the age of retirement of the udges +as increased from '2 to '! "ears. It +as declared illegal

&" the court on August 2' in 2010.

$tAmendment:

The eighth constitution amendment &ill +as passed on >une ) in 1)%%, &" +hich Islam +as

declared as State religion, si5 &enches of the igh Court #i/ision +ere set up outside #ha?a,

Bengali +as replaced &" Bangladeshi and #acca +as replaced &" #ha?a.

%tAmendment:

n >ul" 11, 1)%), the ninth amendment &ill +as passed in +hich a fe+ articles +ere

incorporated regarding the president and the /ice-president, speciall" the terms for those

posts +ere fi5ed.

1&tAmendment:

The 10thamendment to the constitution +as passed on >une 12 in 1))0, &" +hich the num&er

of reser/ed seats for +omen in the >ati"a Sangsad +as increased from 1! to 30.

11tAmendment:

In the 11thamendment passed in 1))1, it +as declared appointment of the chief ustice as the

/ice-president as legal and at the same time pro/isions +ere made that after the election of

president /ice-president ma" ta?e the charge of the chief ustice and his tenure as /ice-

president +ill &e deemed as ustice.

12tAmendment:

Through the 12thamendment to the constitution in 1))1, parliamentar" s"stem of go/ernment

+as reesta&lished in the countr" follo+ing an election under a careta?er go/ernment headed&" >ustice Shah&uddin Ahmed.

13tAmendment:

The 13thamendment +as passed on 8arch 2', 1))', &" +hich careta?er go/ernment s"stem

+as incorporated in the constitution.


7/13

14tAmendment:

The 1thamendment to the constitution +as passed on 8a" 1', 200, &" +hich the num&er of

reser/ed +omen seats in the >ait"a Sangsad +as increased from 30 to !, the age of the

Supreme Court udges +as increased from '! to '( "ears and pro/isions for putting portraitsof the President and the Prime 8inister at the offices of the President and the Prime minister

and the Prime 8inisterDs portrait in go/ernment, semi-go/ernment and autonomous offices

and Bangladesh missions a&road +ere made mandator".

1!tAmendment:

The 1!th amendment of the Bangladesh constitution is perhaps the most de&ata&le one in the

post democratic era that follo+s the 1))0 pu&lic upsurge against autocrac". The often

pronounced ustifications offered for this amendment is the EneedsD for returning to the spiritand contents of the founding constitution of 1)(2 of Bangladesh. Fet the 1!th amendment

rather accommodates some of the changes &rought out &" the !th and (th amendments, &oth

made &" the 8artial a+ regime and recentl" declared illegal and unconstitutional &" the

ape5 court of the countr".

1!th amendment, li?e most of the pre/ious amendments, also largel" failed to reflect

comparati/e constitutional studies. Such stud" is considered essential for learning thee5periences of constitutionalism in rele/ant urisprudences and &orro+ing or adapting them

in amending a nationDs o+n constitution.

1"tAmendment:

Bangladesh Act No GIII of 201 amended the Constitution of Bangladesh, empo+ering

Parliament to impeach Supreme Court udges.H10H11Part JI, chapter one, article )', of the

Bangladesh Constitution, +hich includes pro/isions on the tenure of office of the Supreme

Court udges, no+ statesK

1. Su&ect to the other pro/isions of this article, a >udge shall hold office until he attains

the age of si5t"-se/en "ears.

2. A >udge shall not &e remo/ed from his office e5cept &" an order of the President

passed pursuant to a resolution of Parliament supported &" a maorit" of not less than

t+o-thirds of the total num&er of mem&ers of Parliament, on the ground of pro/ed

mis&eha/ior or incapacit".
http://en.wikipedia.org/wiki/Constitution_of_Bangladesh#cite_note-10http://en.wikipedia.org/wiki/Constitution_of_Bangladesh#cite_note-11http://en.wikipedia.org/wiki/Constitution_of_Bangladesh#cite_note-10http://en.wikipedia.org/wiki/Constitution_of_Bangladesh#cite_note-11


8/13

3. Parliament ma" &" la+ regulate the procedure in relation to a resolution under clause

:2; and for in/estigation and proof of the mis&eha/ior or incapacit" of a >udge.

. A >udge ma" resign his office &" +riting under his hand addressed to the President.

:The Constitution of the People6s *epu&lic of Bangladesh :201;, egislati/e andParliamentar" Affairs #i/ision +e&site.;

Before the adoption of the Si5teenth Amendment, articles )' :2; and :3; of the Bangladesh

Constitution under Part JI included a pro/ision on impeachment carried out &" the Supreme

>udicial Council instead of the Parliament. It statedK

1. A udge shall not &e remo/ed from office e5cept in accordance +ith the follo+ing

pro/isions of this article.

2. There shall &e a Supreme >udicial Council, in this article referred to as the Council,+hich shall consist of the Chief >ustice of Bangladesh, and t+o ne5t senior udges.


9/13

4th Amendment

The Constitution :$ourth Amendment; Act 1)(! +as passed on 2! >anuar" 1)(!. Amidst of

the /iolent uprising of the leftist parties and the &ad impact of 1)( famine, the anarch"pre/ailed e/er"+here in the countr". The A+ami eague :A; @o/ernment declared state of

emergenc" in >anuar" 1)(. ater it amended the Constitution :through $ourth Amendment;

to control the immense political and economic crises in the countr". Though the" declared

this act +as for the short term onl", it created a deep negati/e impact on the leadership of

Shei?h 8ui&ur *ahman and his part". 8aor changes +ere &rought into the Constitution &"

this amendment. This Act :i; amended Articles 11, '', '(, (2, (, (', %0, %%, )!, )%, 10),

11', 11(, 11), 122, 123, 11A, 1( and 1% of the Constitution7 :ii; su&stituted Articles ,

(0, 102, 11! and 12 of the Constitution7 :iii; amended part III of the Constitution out of

e5istence7 :i/; altered the Third and $ourth Schedule7 :/; e5tended the term of the first >ati"a

Sangsad7 :/i; made special pro/isions relating to the office of the President and its

incum&ent7 :/ii; inserted a ne+ part, i.e. part JIA in the Constitution and :/iii; inserted

Articles (3A and 11'A in the Constitution.

Des$ri#tion of the 'ourth Amendment and the $hanges brought

b( this

8aor fundamental changes +ere &rought into the Constitution &" this amendment. These

+ereK

1; The so-called presidential form of go/ernment +as introduced in place of the

parliamentar" s"stem. In principle, the presidential form of go/ernment is not undemocratic

at all. In fact, it is one of the most common and popular forms of go/ernment in the current

democratic +orld. But the t"pe of go/ernment introduced &" the $ourth Amendment +as not

a true presidential s"stem in the con/entional sense. It +as reall" a peculiar one in man"

respects.

2; A one-part" s"stem in place of the multi-part" s"stem +as introduced. This +as the most

significant and far-reaching aspect of the $ourth Amendment. A ne+ Part JIA +ith a ne+

Article +as created for this purpose. nder the ne+ arrangement, the creation of the National

Part" +as left +ith the su&ecti/e satisfaction of the President. It +as pro/ided that in order to

gi/e full effect to an" of the fundamental principles of State polic" set out in Part II of the

Constitution, the President could Ldirect that there shall &e onl" one political part" in the

State. nce the President made an rder for one part" under Article 11(A-, 1; all political

parties of the State +ould stand dissol/ed and the President +ould ta?e all necessar" steps for

the formation of the National Part".....L In accordance +ith the pro/ision of Article 11(A as

introduced &" the $ourth Amendment, the President declared the formation of a ne+ National

Part" for the countr" under the name of BAMSA on 2 $e&ruar" 1)(!. As a result, all

e5isting political parties instantl" stood dissol/ed. Bangladesh &ecame a one-part" State.


10/13

3; The po+ers of the >ati"a Sangsad :National Assem&l" - Parliament; +ere curtailed. The

$ourth Amendment turned Parliament into a useless forum in man" respects. $irstl", the

President could +ithhold his assent to an" Bill passed &" Parliament. e +as armed +ith an

a&solute /eto and once /etoed a Bill that Bill could ne/er come out as a la+. The President

+as thus gi/en unfettered legislati/e po+er and he +as placed a&o/e Parliament. Secondl", apro/ision +as made through the $ourth Amendment that Lthere shall &e at least t+o sessions

of Parliament in e/er" "ear :Article (2;. Ideall", it +ould not ha/e &een a &ad idea if the

session +as length" - &ut the real intension +as to ?eep Parliament a+a" from functioning,

for no session in the first Parliament in Bangladesh lasted more than se/en da"s on an

a/erage Thirdl", Article (' of the Constitution pro/ided for Parliament to appoint certain

standing committees at the first meeting of each session. B" the $ourth Amendment the

pro/ision of 6at the first meeting of each session6 +as deleted. $ourthl", under Article (0 of

the Constitution, a seat of 8em&er of Parliament :8P; +as to &e /acated for t+o reasons - :i;

if he resigned from the part" +hich nominated him as a candidate, or :ii; if he /oted in

Parliament against that part". B" the $ourth Amendment inserted an e5planation to the

meaning of 6/oting in Parliament against the part"6 &" pro/iding that e/en a&staining from a

session of Parliament or a&staining oneself from /oting ignoring the direction of the part"

+ould &e deemed to &e /oting against the part".

; The >udiciar" lost much of its independence. The independence of the udiciar" depends

on the three important componentsK a fair appointment procedure, securit" of tenure, and

adeuate remuneration and pri/ileges. In relation to the appointment procedure of the ape5

court, the original Constitution pro/ided that the Chief >ustice +ould &e appointed &" the

President and other >udges +ould &e appointed after consultation +ith the Chief >ustice.

!; The Supreme Court +as depri/ed of its urisdiction o/er the protection and enforcement of

fundamental rights. The original Constitution pro/ided for around 1% fundamental rights and

the igh Court +as empo+ered to enforce those rights. Article guaranteed the right of

citi4ens to mo/e to the igh Court and the igh Court could enforce those rights under

Article 102. This po+er +as ta?en a+a" &" the $ourth Amendment.

'; The $ourth Amendment &uried the +hole concept of local go/ernment. ocal go/ernment

is one of the most important institutions in a democrac". A modern nation State is almost

unthin?a&le +ithout de/olution of po+er to local go/ernment. #ue to the massi/e increase of

population at the geometric rate :according to the theor" of 8althus; and &ecause of huge

e5pansion of go/ernmental acti/ities, certain matters of polic" and administration concerning

national and international interests are /ested for central go/ernment and the rest of the

go/ernmental functions are /ested in local go/ernments. Meeping this in mind, pro/isions

+ere made in the original Constitution to de/ol/e the responsi&ilit" for &oth de/elopment

acti/ities and administration into the hands of elected representati/es of local go/ernment

&odies.

(; The $ourth Amendment +as a direct attac? on the press freedom. In >une 1)(!, the


11/13

go/ernment promulgated the Ne+spaper :Annulment of #eclaration; rdinance +hich

allo+ed onl" four ne+spapers :#aini? Bangla, Bangladesh &ser/er, Ittefa O Bangladesh

Times - these four ne+spapers +ere, in fact, o+ned and managed &" the State; to continue

their pu&lication and &anned the rest of the press and ne+spaper industries. It &rought the

+hole ne+s media completel" under the a&solute control of the go/ernment.

12th Amendment

12 Amendment made 1%th Septem&er 1))17 this amendment introduced some fundamental

changes in constitution.

Des$ri#tion of the 'ourth Amendment and the $hanges brought

b( this

A) &osition of the &resident

The President is no+ titular head of the state +hile the Prime 8inister id the Chief e5ecuti/e

&" the pro/isions of Art % O !! of the amended Constitution. The posts of the Jice-

President ha/e &een a&olished.

In the original Construction the President +as to &e elected &" mem&ers of the parliament in

poll &" secret &allot as pro/ide &" second schedule of the constitution. But 12 amendments

did not restore that second schedule.

nder the pro/isions introduced &" the th amendment the President could remain in office

for unlimited num&ers terms. These undemocratic pro/isions ha/e &een a&olished and after

12 amendment, president shall hold office for more than t+o terms, +eather o tot teams are

consecuti/e Art !0:2;.

nder original constitution President can e5ercise onl" one function independentl", after 12

amendment President can e5ercise t+o :2; functions indecentl". Appoint Prime 8inister and

appoint the Chief >ustice.

Compared to the original Constitution the 12 amendment has imposed dou&le chec? on thePresidentDs po+er to summon, prorogue O dissol/e parliament &" inserting a ne+ pro/iso to

Art (2.

#eclaration of emergenc" Art 11A has &een amended to the effect that &efore declaration of

emergenc" counter signature is need for its /alidit".

The impeachment and remo/al of the President the pro/ision of the original constitution ha/e

&een re/i/ed.


12/13

B) The &rime *inister + the Cabinet

It has &een categoricall" pro/ide in Art !! that the e5ecuti/e po+er of the *epu&lic shall &e

e5ercised &" or on the authorit" of the Prime 8inister and ca&inet shall &e collecti/el"

responsi&le to the Parliament.

The President shall appoint the Prime 8inister, +ho the most trust+orth" or supported person

form the mem&ers, other 8inister shall &e appointed &" him Art !'.

Introduced &" the 12 amendment as regards the Ca&inet

In the original constitution under Art !' ministers could &e appointed form outside the

parliament &ut such minister +ould ha/e to &e elected as a 8em&er of Parliament +ithin si5

:'; month. But after 12 amendment one-tenths of the total num&er of minister can &e

appointed form outside form parliament and need not &e elected as mem&ers &ut the" must &e

ualified for election as mem&ers of parliament.

In uestion of tenure of the office of Prime 8inster the original pro/ision +as that if the

Prime 8inister ceases to retain the support of a maorit" of the mem&ers of parliament, he

shall either resign his office or ad/ise the President to dissol/e the parliament. But after 12

amendment if the President satisfied that no other mem&er ha/e support onl" then President

can dissol/e the Parliament

C) The %ssue of 'loor Crossing + *inisterial ,es#onsibilit(

12 amendment has introduced more tough procedures. T+o su&-section ha/e &een added to

Art (0. Section (0:2; pre/ents forming an" re&el group +ithin the part".

Section (0:3; pro/ides that if an" independent mem&ers oin an" political part" he +ill come

under the pre/ie+ of anti-defection pro/isions.

#. The pro/ision as to the inter/ening period &et+een t+o sessions of parliament as pro/ided

for in Art (2 +ere re/erted to that of the original Constitution.

9. Chapter 3 dealing +ith the pro/isions of local go/ernment of Part of the Constitution

+hich +as omitted &" the th amendment has &een re/i/ed &" the 12 amendment.


13/13

,eferen$es

1. Constitution, Constitutional a+ and PoliticsK Bangladesh Perspecti/e.

B" 8d. A&dul alim.

2. Constitutional a+ of Bangladesh.

B" 8ahmudul Islam.

3. en.wikipedia.org/wiki/Constitution_of_Bangladesh

. www.clcbd.org

!. www.ebanglapedia.com
https://www.google.com/search?hl=en&tbm=bks&tbm=bks&q=inauthor:%22Mahmudul+Islam%22&sa=X&ei=yrEuVda3GITguQTv94Aw&ved=0CCAQ9AgwAAhttps://www.google.com/search?hl=en&tbm=bks&tbm=bks&q=inauthor:%22Mahmudul+Islam%22&sa=X&ei=yrEuVda3GITguQTv94Aw&ved=0CCAQ9AgwAAhttp://www.clcbd.org/https://www.google.com/search?hl=en&tbm=bks&tbm=bks&q=inauthor:%22Mahmudul+Islam%22&sa=X&ei=yrEuVda3GITguQTv94Aw&ved=0CCAQ9AgwAAhttp://www.clcbd.org/

Assignment on Constitution of bangladesh

Documents

Transcript of Assignment on Constitution of bangladesh