...Law Constitutional Reform in Bangladesh: Exploring the Agenda M. Jashim Ali Chowdhury 1. Prelude The Bangladeshi brand of democracy has caused some horrible nightmares in recent times. Though democracy in Bangladesh has got a certain degree of consolidation during the last eighteen years, ‘she could not make significant progress in consolidating her democratic institutions.’1 Over the years Bangladesh has gone through a phase of ‘illiberal democracy’ with the politicians behaving autocratically, rewarding political supporters and punishing the opposition. Partisan, financial and personal interests curbed the bureaucracy, judiciary, police or even the legislature.2 Disorder became the order, irregular the regular, and Machiavellism the political culture.3 On the other hand, the concept of separation of power has got a violent blow in the Constitution of Bangladesh. What the Constitution has done can very well be described as ‘assignment of powers’ of the Republic to the three organs of the Government.4 Concentration of power in the hands of Prime Minister resulted in paralyzing both the judiciary and legislature with leviathan omnipotence of the executive. Today’s Bangladesh may well be termed a ‘one legged state’ while the theory of separation of power contemplates a three legged one. Much water has already flown by and considerable amount of silt has filed up on this issue. Someone sought overnight purified democracy ‘suitable to the genius of the people of Bangladesh’ while...
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...Independence of judiciary means a fair and neutral judicial system which can afford to take its decision without any interference of executive or legislative organ of the government. The concept of separation of judiciary from the executive refers to a situation in which the judicial branch of the government acts as its own body free from intervention and influence from the other branches of the government particularly the executive. If the same individual assumes the functions of both executive and judiciary the necessary check and balance disappears and rights of the citizen are not adequately protected. Separation of judiciary from the executive universally ensures the independence of judiciary and safeguards the rights of the people. The question of separation of judiciary from executive is not new in our country. In fact, demand for separation of judiciary from executive had been a part of the movement for democracy itself and its implementation was part of the election pledges of both the major political parties. Article 22 of our constitution says, “The state shall ensure the separation of the Judiciary from the Executive organ of the state”. Separation of judiciary is included in Part II of our Constitution, i.e. the fundamental principles of the state policy; and Part V of the Constitution deals with the judiciary. But unfortunately no government since 1972 when the constitution was framed ever took steps to effect the separation. Finally in 1999 while delivering historic...
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...of England and Wales. Some countries have multiple "supreme courts" whose respective jurisdictions have different geographical extents, or which are restricted to particular areas of law. In particular, countries with a federal system of government typically have both a federal supreme court, and supreme courts for each member state, with the former having jurisdiction over the latter only to the extent that the federal constitution extends federal law over state law. Jurisdictions with a civil law system often have a hierarchy of administrative courts separate from the ordinary courts, headed by a supreme administrative court as it the case in the Netherlands. A number of jurisdictions also follow the "Austrian" model of a separate constitutional court . Within the British Empire, the highest court within a colony was often...
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...Question-01: The Constitution declares that the sovereignty lies with the people and constitution is the embodiment and solemn expression of the will of the people? 1.0 Introduction: Do we have a right to hold opinions that differ from others? Can we write and publish what we think? Can we protest to your government if we disapprove of its policies? Can the government search and seize our property? Can we be arrested and held without trial? Can the government treat us differently than it treats other people? Every country is based on some kind of law. Some of those are arbitrary powers, however over the years the only rule that seems to dictate the terms is the rule of law. As a citizen, we must know our constitutional rights in order to assert them. One of the basic principles of the any constitution is the rule of law.Actually sustainable development and good governance mostly depends on the proper application of rule of law. Laws are made for the welfare of the people, to bring a balance in society, a harmony between the conflicting forces in society. One of the prime objects of making constitution is to maintain law and order in society, a peaceful environment for the progress of the people. 2.0 Sovereignty of the people: Today, most modern states have followed written and fixed constitutions. A constitution presupposes the universe of a constituent power, as distinguished from other constituted powers, created by the constitution itself. Constitution is the highest...
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...Fifteenth amendment Of Bangladesh Constitution FIFTEENTH AMENDMENT THE LAST AMENDMENT 15th Amendment: The Parliament of Bangladesh, the Jatiya Shangsad passed the constitution 15th amendment bill 2011 on 30 June 2011 at amend it s constitution under which the caretaker government system for holding general election was scrapped. The bill which contains 15 proposals was passed by the division vote with a majority of 291-1.However amendments moved by ruling alliance opposing Islam as the state of religion and religion based politics were rejected. Islam has been retained as the state religion along -with Bismillahi-ar-rahmanir-rahim. Eleventh Amendment Salient feature of Fifteenth Amendment, Highlight of Fifteenth amendment: salient feature of the 15 amendment of the constitution passed by the parliament. *Caretaker government system abolish.*Election to be held under incumbent cabinet Islam as state religion and Bismillahi-Ar-Rahmanir-Rahim retained.*Revival of article 12 to restore secularism and freedom of religion.*the people of Bangladeshshall be known as bangles as nation and citizens of Bangladesh shall be known asBangladeshi.*Inserted article 7a and 7b in the constitution after the article 7 in a bid to end take over of power through extra-constitutional means.*Basic provision of the constitution are amendable. Twelfth amendment *In case of dissolution parliament by any reason election be held within 90 days of such dissolution. Increasing the number...
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...Amendment of Bangladesh Salient features of 15th amendment of Constitution UNB, Dhaka Salient features of the 15th amendment of the Constitution passed by parliament Thursday. 1. Caretaker system abolished 2. Elections to be held under incumbent cabinet 3. Islam as State religion and ‘Bismillah-Ar-Rahman-Ar-Rahim’ retained 4. Revival of Article 12 to restore Secularism and freedom of religion 5. The people of Bangladesh shall be known as Bangalees as a nation and citizens of Bangladesh shall be known as Bangladeshis 6. Inserted articles 7A and 7B in the Constitution after Article 7 in a bid to end takeover of power through extra-constitutional means 7. Basic provisions of the constitution are not amendable 8. In the case of a dissolution Parliament by any reason, election should be held within 90 days of such dissolution 9. Increasing the number of women reserve seats to 50 from existing 45. 10. The Supreme Command of the defense services shall vest in the President and the exercise thereof shall be regulated by law. 11. The Chief Justice shall be appointed by the President, and the other judges shall be appointed by the President in consultation with the Chief Justice. 12. The portrait of the Father of the nation Bangbandhu Sheikh Mujibur Rahman shall be preserved and display at the offices of the President, the Prime Minister, the Speaker, and the Chief Justice and in head and branch offices of all government and semi-government offices, autonomous bodies, statutory...
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...History of disability Quota: Bangladesh is not only one of the most densely populated countries in the world (with 926 persons per square kilometer) but also located in the world's largest delta, facing the Himalayas in the North, bordering India in the West, North and East, Myanmar in the Southeast, and the Bay of Bengal in the South. Its geographical position makes the country highly prone to natural disasters. Crisscrossed by two hundred thirty recognized rivers, each year about 30 per cent of the net cultivable land is flooded, while during severe floods, which occur every four to seven years, as much as 60 per cent of the country's net cultivable land is affected. Moreover, since the Bay of Bengal records the world's most pronounced storm surge disasters, the densely populated coastal regions of Bangladesh are subject to damaging cyclones almost every year. These are further compounded by tornadoes that affect the plains almost every year leaving a trail of death and disability. Economically, Bangladesh has one of the lowest annual per capita incomes in the world (under 450 US dollars). Even though agriculture is the premium bread earner of the common person and the nation, it also has the highest percentage of people living in poverty where the poorest 10 per cent and the middle 75 per cent of the population are acutely and chronically malnourished respectively. The majority of the population is Muslim and almost all citizens speak one language, Bangle. A country with a...
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...Democracy & Constitutionalism in South Asia: The Bangladesh Experience Gowher Rizvi Ash Institute for Democratic Governance & Innovation Kennedy School of Government Harvard University Today democracy is a universal aspiration. Even the military dictatorships and authoritarian communist regimes seek to cloak themselves with democratic trappings and pretensions. To judge by the list of countries those that have held some sort of ‘popular elections’ to validate their regimes, there are very few governments around the world that would not be termed democratic. Under the rules of electoral head counting it would perhaps be impossible not to accord democratic status even to states like Iraq or Pakistan or North Korea. The leaders in all of these countries and numerous others have sought to legitimize their rule through varying degrees of popular ‘mandates’ and ‘endorsements’. Yet very few of these countries would actually be considered democratic if they were subjected to the more rigorous tests of constitutionalism. Popular elections and renewal of popular mandates are essential, but not sufficient, conditions for democracy. At best, a free and fair popular election is one step in the process of a constitutional democratic government. Constitutionalism, like democracy, is a dynamic and complex concept that is constantly evolving. Although there have been changes in emphases and its nuances, the core of constitutionalism has remained constant over time: constitutionalism is about...
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...PAD: 201 Handout-2 (MrM) Public Administration in Bangladesh Structure of Bangladesh State The Bangladesh constitution provides for a Parliamentary form of government with the Prime Minister as Chief Executive and a President as the head of the State with very circumscribed powers. The President is elected by Parliament and the Prime Minister is a Member of Parliament. The Prime Minister appoints and heads a Cabinet of Ministers which is collectively responsible to Parliament. The Unicameral Parliament is the supreme legislative authority as well as the ultimate repository of public accountability. The Executive is organized on the basis of Ministries and within Ministries, by divisions. The system is two tiered: the Secretariat is responsible for policy, and oversight and coordination of government departments, agencies, district administration. A politically appointed Minister heads each Ministry, while a permanent civil servant is the Ministry’s administrative head and Chief Accounting Officer. . How does the administrative structure look like? -Central Admin (Secretariat and other government departments at the centre) -Divisional Admin -District Admin -Upazila Admin -Union (No. Government official) Under the close supervision of the district administration, there is a local government system composed of elected union parishads and municipal pourashavas and appointed thana and district committees. The local authorities have little capacity or...
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...| | | | | | |Assignment on: | |CHT CONFLICT AND PEACE PROCESS | | | | | | | |[pic] | | | |DHAKA CITY COLLEGE ...
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...State religion and ‘Bismillah-Ar-Rahman-Ar-Rahim’ retained 4. Revival of Article 12 to restore Secularism and freedom of religion 5. The people of Bangladesh shall be known as Bangalees as a nation and citizens of Bangladesh shall be known as Bangladeshis 6. Inserted articles 7A and 7B in the Constitution after Article 7 in a bid to end takeover of power through extra-constitutional means 7. Basic provisions of the constitution are not amendable 8. In the case of a dissolution Parliament by any reason, election should be held within 90 days of such dissolution 9. Increasing the number of women reserve seats to 50 from existing 45. 10. The Supreme Command of the defense services shall vest in the President and the exercise thereof shall be regulated by law. 11. The Chief Justice shall be appointed by the President, and the other judges shall be appointed by the President in consultation with the Chief Justice. 12. The portrait of the Father of the nation Bangbandhu Sheikh Mujibur Rahman shall be preserved and display at the offices of the President, the Prime Minister, the Speaker, and the Chief Justice and in head and branch offices of all government and semi-government offices, autonomous bodies, statutory public authorities, government and non-government educational institutions, embassies and missions of Bangladesh abroad. 13. Incorporation of historic speech of the Father of the Nation Bangabandhu Sheikh Mujibur Rahman on March 7, 1971, declaration of independence...
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...HELAL UDDIN MUHAMMAD AL-HELAL Course Title: Administrative Law Class Roll: ZH-26, 4th Batch, 5th Semester Dept. of Public Administration, University of Dhaka. Cell : 01924202090, E-mail : helal_pad_du@yahoo.com RULE OF LAW IN BANGLADESH: AN OVERVIEW ABSTRACT: "No free man shall be taken or imprison or disseized or exiled or in any way destroyed nor will we go or send for him, except under a lawful judgment of his peers and by the law of the land". --MAGNA CARTA This paper is a presentation of the concept of rule of law, Dicey's theory of 'Rule of Law', rule of law in true and modern sense and rule of law in Bangladesh. In Bangladesh context I have discussed the provisions for ensuring rule of law in Bangladesh constitution. I also have discussed the provisions of the constitution, which are contrary to the concept of rule of law in Bangladesh. It has been also identified the difficulties of application of rule of law in Bangladesh. INTRODUCTION One of the basic principles of the English constitution is the rule of law. This doctrine is accepted in the constitution of U.S.A. and also in the constitution of Bangladesh. Now a days rule of law is one of the most discussed subjects of developing countries. Developed countries and donor agencies always instruct the developing countries for sustainable development and good governance. Actually sustainable development and good governance mostly depends on the proper application of rule of law. Laws are made for...
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...Bangladesh Governments: (1971-2009) Bangladesh’s first government took oath on April 10, 1971. The provisional government of the new nation of Bangladesh was formed in Dhaka with the president of the republic, justice Abu Sayed Choudhury and Taj Uddin as Prime Minister. Sheikh Mujibur Rahman, 1972–75: The first parliamentary elections held under the 1972 constitution were in March 1973, with the Awami League winning a massive majority. No other political party in Bangladesh's early years was able to duplicate or challenge the League's broad-based appeal, membership, or organizational strength. Mujib and his cabinet having no experience in governance nor administration, relied heavily on experienced civil servants and political factions of the Awami League, the new Bangladesh Government focused on relief, rehabilitation, and reconstruction of the economy and society. Mujib nationalised the entire economy, banking and industrial sector. Economic conditions took a serious downturn. On top of that heavy corruption among his own party members, factions and senior leadership also added to the devastation and famine. The then U.S. Secretary of State termed Bangladesh a Bottomless Basket. In December 1974, Mujib decided that continuing economic deterioration and mounting civil disorder required strong measures. After proclaiming a state of emergency, Mujib used his parliamentary majority to win a constitutional amendment limiting the powers of the legislative and judicial branches...
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...The constitution of Bangladesh has so far been amended sixteen times. These amendments and and numerous proclamation orders have been responsible for bringing in profound changes in the original character of the document. The first, second, third and fourth amendments were made by AWAMI league government of seikh mujibur rahaman, the fifth through martial law regulations and the Bangladesh national party, sixth by BNP, 7th, 8th, 9th and 10th by JATIYA party, 11th, 12th, 13 and 14th by BNP. The 15TH and 16th amended by AWAMI league. The major amendments are as follow: First Amendment The Constitution (First Amendment) Act 1973 was passed on 15 July 1973. It amended Article 47 of the Constitution by inserting an additional clause which allowed prosecution and punishment of any person accused of 'genocide, crimes against humanity or war crimes and other crimes under international law'. A new Article 47A was also inserted, making certain fundamental rights inapplicable in those cases. Second Amendment The Constitution (Second Amendment) Act 1973 was passed on 22 September 1973. This act: amended Articles 26, 63, 72 and 142 of the Constitution; replaced Article 33; and inserted a new part (Part IXA). Provision was made through this amendment for the suspension of certain fundamental rights of citizens during an emergency. Third Amendment The Constitution (Third Amendment) Act 1974 was enacted on 28 November 1974. This amendment altered Article 2 of the Constitution to...
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...EMERGING CHALLENGES TO THE CONSTITUTION OF INDIA: FEDERAL STRUCTURE -ASHUTOSH SHANKAR INTRODUCTION India i.e. Bharat shall be a Union of States says Art. 1 of the Constitution of India. It is also stipulated in the Constitution that India i.e. Bharat shall be a Union of States and the territories and such other territories as may be acquired. The constitution thus, postulates India as a Union of States and consequently, the existence of the federal structure of governance for this Union of States becomes a basic structure of the Constitution of India. All the provisions made in this Constitution are, therefore, liable to be so interpreted as will protect, if not enhance, and certainly not destroy the basic structure namely federal structure of the Union of India. In this reference, adopting the test of Prof. Wheare wherein he says that “any definition of federal government which failed to include the United States would be thereby condemned as unreal.” Therefore, we need to see the condition prevailing in the U.S., the basic principles of federalism, and then in its light analyze the provisions of our Constitution. THE CONCEPT OF FEDERALISM ‘Federalism’ is one of those good echo words that evoke a positive response toward many concepts as democracy, progress, constitution, etc. The term has been seen to be applied to many successful combinations of unity with diversity, pluralism and cooperation within and among nations. When we elaborate upon the essential...
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