Constitution of
the People's Republic of Bangladesh was adopted by the Constituent
Assembly on 4 November 1972 and came into force on 16 December of
the same year, marking the Victory Day. The Constitution has 153
Articles arranged under eleven parts and 4 schedules entitled the
Republic, Fundamental Principles of State Policy, Fundamental
Rights, the Executive, Prime Minister and the Cabinet, the
Legislature, Legislative and Financial Procedure, Ordinance Making
Power, Judiciary, Elections, Comptroller and Auditor General,
Services of Bangladesh, Public Service Commission, Emergency
Provisions, Amendment of the Constitution, and
Miscellaneous.
The Constitution
has declared Bangladesh a Republic committed to the principles of
democracy and human rights; rule of law; freedom of movement,
assembly and association; freedom of religion and international
peace and harmony. Since 1972, the Constitution has undergone
certain amendments and changes, some by way of constitutional
amendments and some under Martial Law Proclamation Orders. The form
of government has also undergone changes quite a number of times.
Bangladesh began its constitutional journey with an ad hoc
constitution under the Proclamation of Independence Order (10 April
1971) investing the president(of the mujibnagar
government) with all executive and legislative authority and the
power to appoint a prime
minister.
This proclamation order was replaced by the Provisional
Constitution of Bangladesh Order, 1972 which declared the members
elected to the National Assembly and Provincial Assemlies of
Pakistan in the elections held in December 1970 and March 1971 as
the Constituent Assembly of the Republic. The Order changed the
form of government to a parliamentary system with a cabinet of
ministers headed by the Prime Minister.
The Constitution
was fundamentally amended in January 1975. Under the Constitution
(Fourth Amendment) Bill 1975, the parliamentary system was
abandoned and a one-party presidential system introduced. From 15
August 1975 to 9 April 1979, there were several rounds of martial
laws interspersed with civil governments. The governments, civil or
military, during the period had neither abrogated the constitution
nor observed it fully. Every regime ruled partly by decrees, partly
by constitution. All the constitutional anomalies were regularised
and confirmed under the Constitution (Fifth Amendment) Act, 1979.
Under this amendment all Proclamations, Martial Law Regualtions,
Martial Law Orders and other laws and tribunals made during the
period from 15 August 1975 to 9 April 1979 were ratified and
confirmed. The subsequent Martial Law Proclamation, Chief Martial
Law Administrator's Orders, Martial Law Reugulations and Ordinances
were confirmed and ratified by the Constitution (Seventh Amendment)
Act, 1986. The multi-party presidental form of government had
continued down to 1991 when the Constitution was again amended in
favour of a parliamentary system of government.
Under the
Constitution (Twelfth Amendment) Act, 1991, the Prime Minister
became the executive head, and the President the constitutional
head. The executive power of the Republic, according to the twelfth
amendment, shall be exercised by the Prime Minister and his/her
cabinet shall be collectively responsible to the Jatiya Sangsad.
However, all executive actions of the government shall be expressed
to be taken in the name of the President, though the presidency is
vested with practically no executive power. Theoretically, the
President has the power to appoint the Prime Minister and the Chief
Justice. But such power is formal than actual. The President, like
the crown of Britain, holds dignity and grace, not power. The last
and constitutionally very significant amendment to the constitution
is the Constitution (Thirteenth Amendment) Act, 1996 which provided
for a Non-Party caretaker
governmentwhich shall work during the period from the date on which
the Chief Adviser enters office after Parliament is dissolved till
the date on which a new Prime Minister enters upon his or her
office. The Non-Party Caretaker Government, which is headed by a
Chief Advisor, is collectively responsible to the President.
[Sirajul Islam]