| Constitution of Bangladesh | |
|---|---|
.jpg) First page of the original Constitution of Bangladesh inBangla | |
| Overview | |
| Jurisdiction |  Bangladesh |
| Ratified | 4 November 1972; 53 years ago (1972-11-04) |
| Date effective | 16 December 1972; 52 years ago (1972-12-16) |
| System | UnitaryParliamentaryConstitutional Republic |
| Government structure | |
| Branches | Three (Executive, Legislature and Judiciary) |
| Head of state | President of Bangladesh |
| Chambers | One |
| Executive | Prime Minister andcabinet responsible to theJatiya Sangsad |
| Judiciary | Supreme Court,high courts anddistrict courts |
| Federalism | No |
| Electoral college | No |
| History | |
| Amendments | 17 |
| Last amended | 8 July 2018 |
| Location | Dhaka,Bangladesh |
| Author(s) | Dr Kamal Hossain Chairman of the Constitution Drafting Committeeand other members ofConstituent Assembly |
| Signatories | 404 members of theConstituent Assembly of Bangladesh |
| Supersedes | Proclamation of Bangladeshi Independence |
| Full text | |
 Constitution of the People's Republic of Bangladesh atWikisource | |
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TheConstitution of Bangladesh,[a] officially theConstitution of the People's Republic of Bangladesh,[b] is the supremelaw of Bangladesh. The constitution was adopted by theConstituent Assembly of Bangladesh on 4 November 1972, it came into effect on 16 December 1972. The constituent assembly was composed of officials elected in the national and provincial council elections ofPakistan held in 1970. The denial of this electoral body resulted in theBangladesh Liberation War. The Constitution establishes Bangladesh as a unitary parliamentary republic. Directly borrowing from the four tenets ofMujibism, the political ideas ofSheikh Mujibur Rahman,[1] the constitution statesnationalism,socialism,democracy andsecularism as its four fundamental principles.[2]
While the Constitution nominally declares the protection of fundamental rights and an independent judiciary, it has been often labelled as "fascist"[3][4] andcriticized for fosteringautocracy[5] andfailing to safeguard human rights. The Fundamental Principles of State Policy in Part II are often described asempty rhetoric[6] due to their unjusticiability, while Fundamental Rights in Part III are constrained by extensive, imposable restrictions.Loopholes in the guise of poorly defined 'restrictions' in rights provisions[7] have enabled the continued enforcement of the repressive sections of British colonial laws such asthe Penal Code of 1860 and the Code of Criminal Procedure of 1898, and facilitated the enactment of later repressive laws such as theSpecial Powers Act of 1974, and theCyber Security Act of 2023.[8]
Part IV vests the executive power of the government in the prime minister-led Cabinet, which is accountable to Parliament.[9] 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 provisionArticle 70.[9] Part IV further solidifies the prime minister's control by granting them authority over Cabinet affairs, overshadowing other ministers and centralizing executive decisions.[10]
The Constitution has undergone 17 amendments, reflecting its susceptibility to political pressures over its pledge to ensure justice, equality, and liberty.[11] Considering the unlimited powers granted to the prime minister and the people's limited civil rights,Badruddin Umar has famously termed it "A Constitution for PerpetualEmergency."[12][13][14][15]
Theinterim government of Bangladesh, led byMuhammad Yunus, has established theConstitutional Reform Commission in 2024 with the aim of reforming or drafting and adopting a new inclusive democratic constitution through an elected constituent assembly.[16][17][18][19][20] The commission was formed in the aftermath of aconstitutional crisis that arose following the ouster of Sheikh Hasina on 5 August 2024, during a massivemass uprising.
Theadvent of British rule in the 18th century displaced the centuries of governance developed by South Asian empires. TheRegulating Act 1773 passed by theParliament of the United Kingdom was the first basic law in theBengal Presidency. TheBritish Empire did not grant universal suffrage and democratic institutions to its colonies. The British slowly granted concessions for home rule. TheGovernment of India Act 1858,Indian Councils Act 1861,Indian Councils Act 1892 andIndian Councils Act 1909 were later important laws of government. Thelegislatures of British India included theBengal Legislative Council and theEastern Bengal and Assam Legislative Council in the early 20th century. TheNehru Report recommended for universal suffrage, a bicameral legislature, a senate and a house of representatives. TheFourteen Points of Jinnah demanded provincial autonomy and quotas for Muslims in government. TheGovernment of India Act 1935 established provincial parliaments based on separate electorates.[21]
The 1940Lahore Resolution, supported by the firstPrime Minister of Bengal, asked the British government that "the North Western and Eastern Zones of (British) India should be grouped to constitute 'independent states'". 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". The resolution's status is akin to the magna carta inPakistan, in terms of the concept of independence.[22][23][24] On 20 June 1947, theBengal Legislative Assembly voted on thepartition of Bengal. It was decided by 126 votes to 90 that, if Bengal remained united, it should join theConstituent Assembly of Pakistan. At a separate meeting of legislators from West Bengal, it was decided by 58 votes to 21 that the province should be partitioned and that West Bengal should join theConstituent Assembly of India. At another separate meeting of legislators from East Bengal, it was decided by 106 votes to 35 that Bengal should not be partitioned and 107 votes to 34 that East Bengal should join the Constituent Assembly of Pakistan if Bengal was partitioned.[25] On 6 July 1947, theSylhet referendum voted to partitionSylhet Division fromAssam Province and merge it into East Bengal. 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.[26]
Section 8 of theIndian Independence Act 1947 provided that the Government of India Act, 1935 with certain amendments and adaptations would be the working Constitution of theDominion of Pakistan during the transitional period. The Constituent Assembly of Pakistan included 79 members, of whom 44 were fromEast Bengal, 22 from West Punjab, 5 from Sind, 3 from the North West Frontier Province, 1 from Baluchistan and 4 from the acceding princely states. TheBengali language movement and demands for replacing separate electorates with joint universal suffrage were key issues in East Bengal. The first constituent assembly was arbitrarily dissolved by the Governor General in 1954. This led to the court challenge ofFederation of Pakistan v. Maulvi Tamizuddin Khan, in which the federal court supported the Governor General's decision, although JusticeA. R. Cornelius expressed dissent. The dissolution of the assembly was one of the first major blows to democracy in Pakistan.[27]
TheConstitution of Pakistan of 1956 was adopted by a second constituent assembly elected in 1955. It declared two provinces-East Pakistan andWest Pakistan; and two federal languages-Urdu andBengali. The first Pakistani Constitution was in place for only a few years. General Ayub Khan staged a military coup and introduced theConstitution of Pakistan of 1962. The 1962 Constitution introduced apresidential system in whichelectoral colleges would be responsible for electing the president and governors. The chief ministers' offices were abolished; and parliament and provincial assemblies were delegated to a mainly advisory role. The system was dubbed "Basic Democracy". In 1965,Fatima Jinnah's failed bid for the presidency prompted allegations of a rigged electoral system. TheSix Points of Sheikh Mujibur Rahman demanded parliamentary democracy. 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 Awami League ran on the platform of developing a new Pakistani Constitution based on the Six Points. The League won 167 out 169 East Pakistani seats in theNational Assembly of Pakistan and 288 out of 300 seats in theEast Pakistan Provincial Assembly. The Pakistani military junta refused to transfer power toPrime Minister-elect Sheikh Mujibur Rahman, and instead executedOperation Searchlight which triggeredBangladesh War of Independence.
TheProvisional Government of Bangladesh issued theProclamation of Independence on 10 April 1971, which served as the interim first Constitution of Bangladesh. It declared "equality, human dignity and social justice" as the fundamental principles of the republic. East Pakistani members of Pakistan's federal and provincial assemblies were transformed into members of theConstituent Assembly of Bangladesh. The constituent assembly had 404 members. After the war, the Constitution Drafting Committee was formed in 1972. The committee included 34 members with Dr.Kamal Hossain as its chairman.[27] The committee held meetings at various stages from 17 April to 3 October. Through a public notice, a total of 98 recommendations were received from interested individuals regarding the drafting of the constitution.
On 12 October, the then Law Minister Kamal Hossain presented the constitution bill in the Constituent Assembly. Its first reading began on 19 October and continued till 30 October. The second reading took place from 31 October to 3 November.[28]Manabendra Narayan Larma made an impassioned appeal to declare the term of citizenship as "Bangladeshi" instead of "Bengali".[29] Larma argued that labeling all citizens as Bengali discriminated against non-Bengali communities, including his ownChakma ethnic group.[citation needed]
The third reading began on 4 November and it approved 65 amendments to the Constitution Bill and adopted and enacted the Constitution on 4 November. The Constitution came into effect on 16 December 1972. AWestminster style political system was established. It declared nationalism, socialism, democracy and secularism as the fundamental principles of the republic. It proclaimed fundamental human rights, includingfreedom of speech,freedom of religion,freedom of movement,freedom of assembly, theright to education and public healthcare among others. A two thirds vote of parliament was required to amend the Constitution.[citation needed]
After winning the 1973 general election, the Awami League government often flouted Constitutional rules and principles. The government received strong criticism from the Bangladeshi press, including both Bengali and English newspapers. TheCommittee for Civil Liberties and Legal Aid was formed to defend the Constitution. The Awami League enacted three Constitutional amendments between 1973 and 1975. The most drastic amendment was in January 1975. It introduced a one party state and a presidential government, while the judiciary's independence was greatly curtailed.[citation needed]
Constitutional rule was suspended on 15 August 1975 with the assassination of President Sheikh Mujibur Rahman and the declaration ofmartial law. TheChief Martial Law Administrator issued a series of Proclamation Orders between 1975 and 1979 which amended the Constitution. Lieutenant General Ziaur Rahman is credited for many of these Proclamation Orders. The most significant of these orders was defining citizenship asBangladeshi; other orders included the insertion of religious references and the controversialIndemnity Ordinance. In 1979, martial law was lifted,multiparty politics was restored and Constitutional rule was revived. The Fifth Amendment in 1979 validated all Proclamation Orders of the martial law authorities. An executive presidency continued until 1982.[27]
Martial law was again imposed in the1982 Bangladesh coup d'état. When Constitutional rule was restored in 1986, the Sixth Amendment validated previous Proclamation Orders issued by the Chief Martial Law Administrator. The Eighth Amendment in 1988 declared Islam as thestate religion and initiated limited devolution of the judiciary.[27]
In 1990, a pro-democracy uprising ousted President Ershad. The uprising was followed by parliamentary elections in 1991. The Twelfth Amendment passed by the fifth parliament is the most influential Constitutional amendment in Bangladesh. It re-established parliamentary government. It amended Articles 48, 55, 56, 57, 58, 59, 60, 70, 72, 109, 119, 124, 141A and 142.[27] The Prime Minister became the executive head of government, and along with the cabinet, was responsible to parliament. Local government was made more democratic. However, the amendment restricted the voting freedom of MPs. According to Article 70, MPs would lose their seat if they voted against their party. This made it impossible for parliament to have a free vote, including no-confidence motions to remove a prime minister. Experts have described the amendment as instituting prime ministerial dictatorship. The Thirteen Amendment in 1996 introduced theCaretaker government of Bangladesh.
In 2010, theSupreme 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. The Supreme Court gave the verdict in the case ofBangladesh Italian Marble Works Ltd. v. Government of Bangladesh. 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.
In 2017, the Supreme Court declared the Sixteenth Amendment Act of 2014 illegal and void. The amendment had introduced the provision of impeaching judges in parliament. The Supreme Court held that since parliament cannot holdconscience votes due toArticle 70, the provision would have underminedjudicial independence.[30]
BISMILLAH-AR-RAHMAN-AR-RAHIMIn the name of Allah, the Beneficient, the Merciful
In the name of the Creator, the Merciful.[c]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;
In our Constituent Assembly, this eighteenth day of Kartick, 1379 B.S., corresponding to the fourth day of November 1972 A.D., do hereby adopt, enact and give to ourselves this Constitution.
States that Bangladesh is a unitary republic.[31] Demarcates the territory of the Republic.[32] Proclaims thatIslam is the state religion after the fifth amendment, but guarantees equal status and equal rights to all religions.[33] DeclaresBangla as the state language.[34] Specifies thenational anthem,national flag, andnational emblem of the Republic.[35] DeclaresDhaka as thenational capital.[36] Provides eligibility for citizenship.[37] States that all powers are derived from the people, and the exercise of such powers will be by the authority of the Constitution. Proclaims that the Constitution is the supreme law of Bangladesh, and that any laws inconsistent with the Constitution are void and of no effect.[38] Article 7A prohibits the suspension or abrogation of the Constitution.[39] States that certain parts of the Constitution are unamendable.[40]
States thatnationalism,socialism,democracy andsecularism are the fundamental principles of state policy.[41][42][43][44][45] Pledges to ensure the emancipation of peasants and workers.[46] States that education will be free and compulsory.[47] Endeavours to protect and improve the environment.[48] States that the Republic will ensure equality of opportunity to all citizens. States that endeavours will be made to ensure the equality of opportunity and participation of women in all spheres of life.[49] Declares theseparation of powers between the judiciary and the executive.[50] States that measures will be adopted to conserve cultural traditions and the heritage of the people.[51][52] Ensures the protection of national monuments.[53] States that the Republic will promote international peace and to support oppressed people throughout the world.[54]
Declares that all laws inconsistent with the fundamental rights of the Constitution are to be void.[55] Enshrines the principle of equality before the law.[56] Prohibits discrimination on the basis of religion, race, caste, sex or place of birth.[57] States that there will be equality of opportunity for people who seek public employment.[58] Prohibits citizens of the Republic from receiving foreign titles, honours, awards or decorations without prior approval by the President.[59] Declares that the protection of the law is the inalienable right of all citizens.[60] Proclaims that no person shall be deprived of life and personal liberty.[61] Provides safeguards for those in detention.[62] Prohibits the use of forced labour.[63] Provides protections for persons in respect of trial and punishment.[64] Enshrines freedom of movement;[65] freedom of assembly;[66] freedom of association;[67] freedom of thought, conscience and speech;[68] freedom of profession or occupation;[69] and freedom of religion.[70] States that all citizens have the right to acquire property.[71] States that all citizens have the right to protect their homes and means of communication.[72] Declares that the Supreme Court will enforce the fundamental rights of the Constitution.[73] Reserves the right to provide indemnity to individuals.[74]
Declares that Bangladesh will have aPresident who will serve asHead of State of the Republic. States that the President will be elected by members of theJatiya Sangsad. Prescribes that the President will only act in accordance with the advice of the Prime Minister, with the exception of the appointment of thePrime Minister and theChief Justice. Specifies that the President must have attained the age of 35 years, and must be qualified for election as a member of parliament.[75] States that the President has the power to grantpardons and to commute or suspend the sentences of individuals convicted in a court.[76] Specifies that the President is limited to serving two 5-year terms in office, regardless of whether they are consecutive or not. Outlines that in order to tender their resignation, the President must write under their hand addressed to theSpeaker.[77] Outlines the process of impeachment and removal from office of the President.[78] Specifies the process of removal from office of the President on grounds of physical or mental incapacity.[79] States that the Speaker will discharge the duties of President in the event of the President's absence.[80]
States that the Republic is to have aCabinet with thePrime Minister as itsHead. Prescribes that the executive power of the Republic is to be exercised by or on the authority of the Prime Minister.[81] States that appointments to the Cabinet will be determined by the Prime Minister and made by thePresident. Specifies that not less than nine-tenths of members of the Cabinet must be Members of Parliament. States that the President will appoint as Prime Minister the member of parliament who appears to command the confidence of theJatiya Sangsad.[82] States that the office of Prime Minister will become vacant in the event they: tender their resignation to the President; cease to be a member of parliament or cease to retain the confidence of the majority of members of theJatiya Sangsad. There are no term limits specified for the Prime Minister.[83] Specifies the tenure of office of other Ministers.[84]
Makes provision for democratically elected local government in every administrative unit in the Republic.[85] States that powers exercised by local government will be delegated byParliament.[86]
Declares that thePresident is theCommander-in-Chief of theArmed Forces of Bangladesh. States that the exercise of such powers will be determined by law.[87] States that Parliament will by law provide for the regulation of the defence services, including the maintenance of the defence services; the grating of commissions; the appointment of chiefs of staff of the defence services and the discipline and other matters relating to the defence services.[88] Reserves the right todeclare war for Parliament.[89]
States that thePresident will appoint someone who is qualified to serve as a Justice of theSupreme Court asAttorney General. States that in exercise of their duties, the Attorney General is entitled to attend the proceedings of any courts in the Republic.
Proclaims that there will be a Parliament for Bangladesh known as the House of the Nation, which will be vested with the legislative powers of the Republic. States that Parliament will consist of 300 directly elected members, while 50 seats will be reserved exclusively for women and will be allocated on aproportional basis.[90] 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. Also specifies the procedure to disqualify an individual from election to Parliament.[91] Outlines the procedure for a member of parliament to vacate their seat. States that a member of parliament who is absent from Parliament for 90 consecutive days will of vacated their seat.[92] States that Members of Parliament are entitled to remuneration.[93] Prescribes a penalty for Members of Parliament who take their seats or vote before reciting theoath of office.[94] States that a member of parliament who resigns from their party or votes against their party in Parliament will vacate their seat.[95] Allows candidates to stand for election in multiple constituencies, but in the event a single candidate is elected to more than one, they are required to vacate all but one seat.[96] Specifies that Parliament will be summoned, prorogued and dissolved by the President. States that Parliament will sit for a five-year term.[97] Decrees that at the commencement of the first session of Parliament after a general election and the commencement of the first session of Parliament every year, the President is to make an address to Parliament.[98] States that Ministers are entitled to address and take part in the proceedings of Parliament, but only Minister who are Members of Parliament are entitled to vote.[99] States that Parliament will, in its first sitting after a general election, elect aSpeaker and Deputy Speaker among its members.[100] States that the individual presiding over proceedings is not entitled to vote unless there is an equality of votes. Specifies that thequorum of the Parliament will be 60 members.[101] States that Parliament will appoint among its members a number of standing committees.[102] Makes provision for the establishment of the office of the Ombudsman.[103] States that Members of Parliament are protected byparliamentary privilege. Prescribes that Parliament will have its own secretariat.[104]
Outlines thelegislative procedure for aBill to become anact of parliament. States that assent is required from thePresident in order for a Bill to become an Act of Parliament. Specifies that if the President fails to assent to a Bill within fifteen days of it being presented to them, it will be deemed that they have assented to the bill and it will become law.[105] Outlines the legislative procedure forMoney Bills.[106] States that Money Bills can only be introduced with the recommendation of the President.[107] States that taxes can only be levied or collected under the authority of an Act of Parliament.[108] States that taxes can only be levied and collected under the authority of an Act of Parliament.[109] States that all revenue received by theGovernment from the repayment of loans will form part of a single fund known as the Consolidated Fund. States that all other public revenue will be credited to the Public Account of the Republic.[110] States that the custody of public money and their payment into and the withdrawal from the Consolidated Fund will be regulated by an Act of Parliament.[111] Outlines the revenue payable to the Public Account of the Republic.[112] States that anAnnual Financial Statement must be laid before Parliament for each respectivefinancial year.[113] Specifies the charges of the Consolidated Fund.[114] Outlines the procedure relating to the Annual Financial Statement.[115] Makes provision for an Appropriations Act to be defrayed from the Consolidated Fund.[116] 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.[117] Specifies the powers of Parliament in relation to the Consolidated Fund.[118]
States that in the event that theJatiya Sangsad is dissolved, and immediate action is necessary, thePresident may make or promulgate Ordinances.
Declares that there is to be aSupreme Court, consisting of anAppellate Division and aHigh Court Division. States that there is to be aChief Justice and other Judges who are to be appointed by thePresident. Decrees that the Chief Justice and the other Judges will beindependent in the exercise of their judicial functions.[119] Outlines the procedure for the appointment of the Chief Justice and other Judges. States that a Judge must be a citizen of Bangladesh who has either been an Advocate at the Supreme Court for a minimum of ten years, or has held judicial office in Bangladesh for ten years.[120] States that a Judge is entitled to serve until they have attained the age of sixty-seven years. States that the President can, pursuant to a resolution passed by not less than two-thirds of Members of Parliament, remove Judges.[121] Makes provision for the temporary appointment of the Chief Justice.[122] 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.[123] States that after their retirement or removal, a Judge is prohibited from holding an office of profit in service of the Republic.[124] States that the seat of the Supreme Court will be the national capital,Dhaka.[125] Specifies thejurisdiction of the High Court Division.[126] Grants the High Court Division the authority to issue certain orders and directions.[127] Specifies the jurisdiction of the Appellate Division.[128] Grants the Appellate Division the power to issue directions, orders, decrees or writs.[129] States that the Appellate Division will have the power to review any judgments or orders issued by it.[130] States that in the event that the President believes a question of law has arisen that is of public importance, the Supreme Court may report its opinion to the President.[131] States that the Supreme Court has the power to make rules which regulate the practise and procedure of each Division of the Supreme Court and any other subordinate court.[132] States that the Supreme Court will be acourt of record.[133] States that the Supreme Court will have superintendence over all courts and tribunals subordinate to it.[134] Outlines the procedure for the transfer of cases from subordinate courts to the High Court Division.[135] States that the law declared by the Appellate Division and the High Court Division will be legally-binding and will be binding in all subordinate courts in the Republic.[136] States that all authorities, executive and judicial, in the Republic will act in aid of the Supreme Court.[137] Specifies the appointment procedure of the staff of the Supreme Court.[138]
Makes provision for the establishment of subordinate courts in the Republic.[139] Outlines that the appointment of persons to offices in the judicial service or as magistrates exercising judicial functions will be made by the President.[140] States that the control and discipline of subordinate courts will be vested in the President and will be exercised in consultation with the Supreme Court.[141] States that all persons employed in the judicial service and all magistrates shall beindependent in the exercise of their judicial functions.[142]
States that Parliament shall have the power to establish one or more administrative tribunals.
Makes provision for the establishment of aBangladesh Election Commission, chaired by the Chief Election Commissioner.[143] Prescribes the functions of the Election Commission.[144] Outlines the procedure for the appointment of staff to the election commission.[145] States that there is to be a single electoral roll for each constituency.[146] 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.[147] Outlines the timetable for conducting general elections.[148] States that Parliament may from time to time pass laws that regulate the delimitation of constituencies, the preparation of electoral rolls, or the holding of elections.[149] Prohibits courts in the Republic from questioning the validity of electoral law or elections.[150] States that it is the duty of all executive authorities in the Republic to assist the Election Commission in the discharge of its functions.[151]
Makes provision for the establishment of aComptroller and Auditor General of Bangladesh.[152] Prescribes the functions and duties of the Auditor-General.[153] Outlines the term of office for the Auditor-General.[154] Specifies the procedure for the appointment of an Acting Auditor-General.[155] States that the Public Accounts of the Republic will be kept in a manner prescribed by the Auditor-General.[156] States that the reports of the Auditor-General are to be laid before Parliament.[157]
States that Parliament may by law regulate the appointment of persons employed by the Republic.[158] Specifies the tenure in office for persons employed by the Republic.[159] Outlines the procedure for the dismissal of persons from service to the Republic.[160] Makes provision for the reorganisation of the services of the Republic[161]
The committee of the artistic decoration work for the constitution was presided byJainul Abedin. This committee also includedHashem Khan, Jonabul Islam, Abul Barak Alvi andShamarjit Ray Chowdhury. The original handwritten document has a leather cover. The first page after the cover known as "Pustani" includes a design ofNakshi Kantha. The constitution also has the official monogramShapla. Each of the pages includes handwriting of artist AKM Abdur Rouf and illustrations by the 5 artists led by Jainul Abedin. The original copy was handed to Sheikh Mujibur Rahman on 13 December 1972.[162] As of 2022, the original copy of the constitution is stored at theBangladesh National Museum and a replica is available for public view.
Freedom of religion is one of the cornerstones of Bangladesh's Constitution.[163] Article 12 calls forsecularity, the elimination of interfaith tensions and prohibits the abuse of religion for political purposes and any discrimination against, or persecution of, persons practicing a particular religion.[164] Article 41 subjects religious freedom to public order, law and morality; it gives every citizen the right to profess, practice or propagate any religion; every religious community or denomination the right to establish, maintain and manage its religious institutions; and states that no person attending any educational institution shall be required to receive religious instruction, or to take part in or to attend any religious ceremony or worship, if that instruction, ceremony or worship relates to a religion other than his own.[165] Governments have generally supported and respected religious freedom.[166]
As of 2017, Bangladesh is a state party to the following international treaties concerning human rights.[167] Bangladesh can in theory be held liable for its performance in the fields of these treaties.
Among the notable agreements Bangladesh is not a state party to include the following.
Article 111 of the Constitution proclaims the doctrine of bindingjudicial precedent. According to the article, the law declared by theSupreme Court of Bangladesh, including its Appellate Division and theHigh Court Division, are binding in all subordinate courts.[168] Article 111[136] makes Bangladesh an integral part of thecommon law world.Judicial review is also supported by the Constitution
The Constitution does not specifically mention the termjudicial review, but Article 102 allows writ petitions to be filed at the High Court Division for reviewing laws, the actions and policies of authorities and lower court proceedings. Articles 7(2), 26, 44(1) & 102 are considered to indirectly support the system of judicial review.[169] Therefore, unlike the US Constitution, there is no countermajoritarian difficulty in the Constitution of Bangladesh.
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 thejudiciary and thelegislature from theexecutive.[170][6][171][172][5][173] Many denounced the Constitution for facilitating authoritarian tendencies and labelled it as a "fascist constitution."[3][174][175]
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.[176] Hossain has blamed amendments during military rule for eroding the Constitution's principles.[176] JusticeMuhammad Habibur Rahman, a former Chief Justice and chief advisor to the caretaker government, proposed that a Constitution Commission be formed to explore the prospects for Constitutional reform.[177]
A. T. M. Shamsul Huda, former Chief Election Commissioner, has called for a Constitutional amendment to ensure "checks and balances" and theseparation of powers.[178]
Following the recentJuly uprising in Bangladesh, a fresh debate has arisen over constitutional reform. ProfessorAli Riaz, who leads the Interim Government'sConstitutional Reform Commission, andRifat Hasan,[179] have both advocated for creating a new constitution. Riaz asserts that rewriting the constitution is vital to restoring democratic institutions, even if it necessitates forming a Constitutional Assembly.[180][181]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.[182][183][184] He has suggested forming an all-party Guardian Council to ensure broad participation in the drafting and adopting process.[185] This council would draft the constitution and, after approval, present it for adoption via a referendum.[186][187] 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.[188]
The nine members who were tasked with reforming the Constitution of Bangladesh:[189]
As of 2023[update], the Constitution of the People's Republic of Bangladesh has been amended 17 times.
| Government | Influence |
|---|---|
 United Kingdom |
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 United States |
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 Ireland | Directive principles of state policy |
 Australia | Preamble terminology |
 France | Concepts ofliberté, égalité, fraternité |
 Soviet Union | Fundamental Duties under article 20 |
 Japan | Due process |
Bangladesh has a single codified document as its Constitution, as in theUnited States,India,Brazil,Pakistan,Germany andFrance. It is not anunwritten constitution or a set of Constitutional statutes, as in theUnited Kingdom,Israel,Canada,New Zealand,Saudi Arabia andSweden.
| International | |
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| National | |
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