Constitution of Bangladesh

Constitution of Bangladesh
First page of the original Constitution of Bangladesh in Bangla
Overview
Jurisdiction Bangladesh
Ratified4 November 1972; 51 years ago (1972-11-04)
Date effective16 December 1972; 51 years ago (1972-12-16)
SystemUnitary Parliamentary Constitutional Republic
Government structure
BranchesThree (Executive, Legislature and Judiciary)
ChambersOne
ExecutivePrime Minister and cabinet responsible to the Jatiya Sangsad
JudiciarySupreme Court
FederalismNo
Electoral collegeNo
History
Amendments17
Last amended8 July 2018
LocationDhaka, Bangladesh
Author(s)Dr Kamal Hossain
Chairman of the Constitution Drafting Committee and other members of Constituent Assembly
Signatories404 members of the Constituent Assembly of Bangladesh
SupersedesProclamation of Bangladeshi Independence
Full text
Constitution of the People's Republic of Bangladesh at Wikisource

The Constitution of Bangladesh[a] is the supreme law of Bangladesh. It was adopted on November 4, 1972, and came into effect on December 16, 1972, marking the first anniversary of Bangladesh’s victory in its Liberation War in 1971. The Constitution establishes Bangladesh as a unitary parliamentary democracy, with commitments to nationalism,[1] socialism,[2] democracy[3] and secularism[4] as its four fundamental principles. These four principles reflected the four tenets of Mujibism, the political ideology of the country's founding president Sheikh Mujibur Rahman.

While the Constitution nominally declares the protection of fundamental rights and freedoms, an independent judiciary, and local democratic governance, it has been often labelled as "fascist"[5] and criticized for fostering autocracy[6] and failing to adequately safeguard human rights. The first twenty-five articles focus largely on ideological foundations rather than addressing the practical needs of citizens, such as the protection of human dignity and individual liberties in daily life.[7] Furthermore, despite provisions for rights like freedom of speech and protection from arbitrary detention, these have often been compromised through the continued enforcement of repressive British colonial laws such as the Penal Code, 1860 and the Code of Criminal Procedure, 1898, and later-enacted laws such as the Special Powers Act of 1974, and the Cyber Security Act, 2023 as well as the frequent imposition of emergency powers.

The Constitution has undergone 17 amendments, reflecting its malleability under political pressures rather than consistent adherence to its original intent of ensuring justice, equality, and liberty for all citizens. Judicial precedent and review are supported within its framework, but the implementation of these rights has often fallen short, leading to significant gaps between the ideals of the Constitution and the lived realities of Bangladesh’s citizens.

The interim government of Bangladesh, led by Muhammad Yunus, has established the Constitutional Reform Commission in 2024 with the aim of reforming or drafting and adopting a new inclusive democratic constitution through a constituent assembly.[8][9][10][11][12]


Cite error: There are <ref group=lower-alpha> tags or {{efn}} templates on this page, but the references will not show without a {{reflist|group=lower-alpha}} template or {{notelist}} template (see the help page).

  1. ^ "Article 9 of the Constitution of Bangladesh". Legislative and Parliamentary Affairs Division, Ministry of Law, Justice and Parliamentary Affairs. Retrieved 29 June 2021.
  2. ^ "Article 10 of the Constitution of Bangladesh". Legislative and Parliamentary Affairs Division, Ministry of Law, Justice and Parliamentary Affairs. Retrieved 29 June 2021.
  3. ^ "Article 11 of the Constitution of Bangladesh". Legislative and Parliamentary Affairs Division, Ministry of Law, Justice and Parliamentary Affairs. Retrieved 29 June 2021.
  4. ^ "Article 12 of the Constitution of Bangladesh". Legislative and Parliamentary Affairs Division, Ministry of Law, Justice and Parliamentary Affairs. Retrieved 29 June 2021.
  5. ^ "Interview: Situation In Bangladesh Challenging, But Happy That A Fascist Rule Has Ended, Cultural Icon Farhad Mazhar To ETV Bharat". ETV Bharat News. 7 August 2024. Retrieved 28 September 2024.
  6. ^ "Constitution needs rewriting to bar autocracy". The Daily Star. 16 September 2024. Retrieved 28 September 2024.
  7. ^ "Bangladesh: Failing to Fulfilling Its Commitments" (PDF). Ain o Salish Kendra.
  8. ^ "Prominent Scholar Ali Riaz Appointed Head of Bangladesh Constitutional Reform Commission | Law-Order". Devdiscourse. Retrieved 24 September 2024.
  9. ^ "Constituent assembly to be convened for charter reform: Nahid". Archived from the original on 24 September 2024.
  10. ^ "Transitional admin in Bangladesh forms 'reform' bodies with no polls in sight". www.aa.com.tr. Retrieved 24 September 2024.
  11. ^ "Ali Riaz to lead commission on constitutional reforms". The Daily Star. 19 September 2024. Retrieved 24 September 2024.
  12. ^ "Ali Riaz, not Shahdeen Malik, to lead reform commission on Constitution". The Business Standard. 18 September 2024. Retrieved 24 September 2024.