The Constitution of Bangladesh: An Overview

1. Preamble

The Constitution begins with a solemn pledge to secure nationalism, democracy, socialism, and secularism as the fundamental principles of state policy, honoring the sacrifices of the Liberation War of 1971.

 

2. Supremacy of the Constitution

Article 7 declares that all powers of the Republic belong to the people.

The Constitution is the supreme law, and any law inconsistent with it shall be void.

 

3. Structure of the State

Unitary State: Bangladesh is a unitary, independent, and sovereign Republic.

Form of Government: Parliamentary democracy, with the President as Head of State and the Prime Minister as Head of Government.

 

4. Fundamental Principles of State Policy

Outlined in Part II (Articles 8–25), these include:

• Nationalism
• Democracy and effective participation of the people
• Secularism and freedom of religion
• Socialism and economic justice
• Respect for international law and the promotion of peace

These are not judicially enforceable but serve as guiding principles for governance.

 

5. Fundamental Rights

Part III (Articles 26–47A) guarantees enforceable rights, including:

• Equality before law (Art. 27)
• Non-discrimination (Art. 28)
• Right to protection of law (Art. 31)
• Freedom of movement, assembly, association, thought, and speech (Arts. 36–39)
• Freedom of religion (Art. 41)
• Protection of property (Art. 42)
• Safeguards in criminal trials (Arts. 33–35)

The Supreme Court may enforce these rights under writ jurisdiction (Art. 102).

 

6. Organs of the State
(a) The Executive

• President (ceremonial role, elected by the Parliament).
• Prime Minister (real executive authority, leader of the majority party in Parliament).
• Council of Ministers responsible to Parliament.

(b) The Legislature

• Jatiya Sangsad (National Parliament): Unicameral legislature with directly elected representatives.
• Exercises law-making powers and controls the executive.

(c) The Judiciary

• Independent from the executive (Art. 94).
• Supreme Court consists of the Appellate Division and High Court Division.
• Exercises judicial review to strike down unconstitutional laws.

 

7. Amendments

• Parliament may amend the Constitution by a two-thirds majority (Art. 142).
• 1st Amendment (1973): War crimes trials.
• 4th Amendment (1975): Presidential form of government.
• 12th Amendment (1991): Restoration of parliamentary system.
• 15th Amendment (2011): Restoration of secularism, abolition of caretaker government system.

 

8. Local Government

The Constitution mandates elected local bodies at various levels (Union, Upazila, Zila, City Corporation), ensuring people's participation at the grassroots.

 

9. Emergency Provisions

Parliament or the President may declare a state of emergency (Art. 141A) during war, external aggression, or internal disturbance.

Certain fundamental rights may be suspended during such emergencies.

 

The Constitution of Bangladesh stands as both a legal charter and a political manifesto, embodying the aspirations of the Liberation War. By enshrining democracy, fundamental rights, and rule of law, it provides the constitutional foundation of the Republic. However, the frequent amendments and political challenges underscore the need for strong constitutionalism and institutional integrity to uphold its spirit.