1.​ Trace the historical background and evolution of the Constitution of Bangladesh, 1972.

Discuss the major constitutional amendments that have significantly altered its original
character.

Introduction
The Constitution of Bangladesh is the supreme law of the land. It was framed after the successful
Liberation War of 1971 to establish an independent and sovereign state based on the ideals of
democracy, nationalism, socialism, and secularism. The Constitution reflects the aspirations of the
people of Bangladesh for justice, equality, and human dignity.

Historical Background
The historical background of the Constitution of Bangladesh is closely connected with the struggle of
the Bengali people for political, economic, and cultural rights. After the creation of Pakistan in 1947, the
people of East Pakistan suffered continuous discrimination by the ruling authorities of West Pakistan.
The Language Movement of 1952 strengthened Bengali nationalism and inspired the people to demand
greater rights. The Six-Point Movement of 1966, led by Sheikh Mujibur Rahman, demanded autonomy
for East Pakistan and became the foundation of the independence movement. Although the Awami
League won a majority in the 1970 General Election, power was not transferred to the elected
representatives. As a result, the Liberation War began in 1971, and Bangladesh emerged as an
independent state on 16 December 1971.

Constituent Assembly and Drafting of the Constitution

After independence, the elected representatives of the people formed the Constituent Assembly of
Bangladesh to prepare a constitution for the newly independent country. A Constitution Drafting
Committee headed by Dr. Kamal Hossain was established to draft the Constitution. The committee
examined different constitutions of the world and prepared a document suitable for the needs and
aspirations of Bangladesh. After detailed discussion and debate, the Constituent Assembly adopted the
Constitution on 4 November 1972. It came into force on 16 December 1972, marking the first
anniversary of the victory achieved in the Liberation War.

Original Character of the Constitution of 1972

The Constitution of 1972 was founded on four fundamental principles of state policy: nationalism,
socialism, democracy, and secularism. It established a parliamentary form of government where
executive power was exercised by a Prime Minister responsible to Parliament. The Constitution
guaranteed fundamental rights, ensured the independence of the judiciary, upheld the rule of law, and
recognized the sovereignty of the people. These features reflected the democratic and progressive
ideals that inspired the struggle for independence.

Fourth Amendment, 1975

The Fourth Amendment Act of 1975 brought a major change to the Constitution. It replaced the
parliamentary system with a presidential form of government and concentrated extensive powers in the
hands of the President. The amendment also weakened judicial independence and restricted the
freedom of the press and political opposition. Furthermore, it introduced a one-party political system
known as BAKSAL (Bangladesh Krishak Sramik Awami League). As a result, the democratic and
parliamentary character of the original Constitution was significantly altered.

Fifth Amendment, 1979

The Fifth Amendment was enacted in 1979 during the period following military rule. It validated and
ratified all martial law proclamations, regulations, and orders issued between 1975 and 1979. The
amendment also introduced the phrase “Bismillah-ar-Rahman-ar-Rahim” at the beginning of the
Constitution and emphasized Islamic values in constitutional provisions. Through these changes, the
amendment modified the secular character of the Constitution and gave legal recognition to actions
taken under martial law.

Eighth Amendment, 1988

The Eighth Amendment Act of 1988 introduced another significant change by declaring Islam as the
State Religion of Bangladesh. Although freedom of religion for all citizens remained protected, the
amendment marked a departure from the principle of secularism that had been one of the four
fundamental principles of the original Constitution. Consequently, religion gained a more prominent
place in the constitutional framework of the country.

Twelfth Amendment, 1991

The Twelfth Amendment was passed in 1991 following a popular movement against military-backed
rule. This amendment restored the parliamentary system of government, which had existed under the
original Constitution of 1972. It reduced the powers of the President and made the Prime Minister the
chief executive authority of the state. The amendment played an important role in strengthening
democratic governance and re-establishing parliamentary democracy in Bangladesh.

Fifteenth Amendment, 2011

The Fifteenth Amendment of 2011 introduced several important constitutional changes. It restored
secularism as one of the fundamental principles of state policy while retaining Islam as the State
Religion. The amendment also increased the number of reserved seats for women in Parliament and
abolished the non-party caretaker government system. Through these changes, the amendment sought
to revive some of the original ideals of the 1972 Constitution while preserving certain features
introduced by later amendments.

Conclusion
The Constitution of Bangladesh, adopted on 4 November 1972 and enforced on 16 December 1972,
was the product of the Liberation War and the long struggle of the Bengali people for self-determination.
Over the years, major constitutional amendments, particularly the Fourth, Fifth, Eighth, Twelfth, and
Fifteenth Amendments, have significantly transformed its original character. These amendments reflect
the changing political and constitutional history of Bangladesh while demonstrating the Constitution’s
continuing role as the supreme law of the Republic.

2.​ What is the legal significance of the Preamble to the Constitution of Bangladesh?
Critically analyse whether the Preamble is justiciable and enforceable in a court of law.

Introduction
The Preamble is the introductory part of the Constitution of Bangladesh. It expresses the ideals,
objectives, and philosophy upon which the Constitution is based. It reflects the aspirations of the people
and serves as a guide for interpreting the provisions of the Constitution. Although it is not a source of
power by itself, it plays an important role in understanding the spirit and purpose of the Constitution.

Legal Significance of the Preamble

The Preamble has great legal and constitutional significance because it declares that all powers in the
Republic belong to the people. It sets out the fundamental aims of the State, including democracy,
socialism, nationalism, secularism, human rights, equality, justice, and the rule of law. The Preamble
serves as a key to understanding the intentions of the framers of the Constitution and helps courts
interpret constitutional provisions when ambiguity arises. It also reflects the ideals of the Liberation War
and establishes the constitutional identity of Bangladesh.

Role in Constitutional Interpretation

The Preamble is often used as an interpretative tool by the courts. When a constitutional provision is
unclear or capable of more than one meaning, the courts may refer to the Preamble to determine the
true intention of the Constitution. It helps judges interpret the Constitution in a manner consistent with
its fundamental values and objectives. Thus, the Preamble acts as a guiding principle in constitutional
adjudication.

Whether the Preamble is Justiciable

Generally, the Preamble is not considered justiciable. This means that a citizen cannot directly file a
case in court solely for the enforcement of a provision contained in the Preamble. The Preamble does
not create independent legal rights or impose enforceable legal obligations. Courts cannot grant
remedies based only on the Preamble unless a specific constitutional or legal provision has also been
violated. Therefore, the Preamble itself is not a direct source of legal action.

Whether the Preamble is Enforceable

The Preamble is not directly enforceable in a court of law because it does not contain substantive legal
rules. It is mainly declaratory in nature and expresses the goals and ideals of the Constitution. However,
its principles influence the interpretation and application of constitutional provisions. While the Preamble
cannot be enforced independently, its values may indirectly affect judicial decisions when courts
interpret constitutional rights and duties.

Critical Analysis
Although the Preamble is not directly enforceable, its importance should not be underestimated. It forms
part of the Constitution and reflects its basic philosophy. The Supreme Court of Bangladesh has often
treated the principles stated in the Preamble as important constitutional values. Some scholars argue
that because the Preamble embodies the fundamental spirit of the Constitution, it should have greater
legal effect. Others maintain that making the Preamble directly enforceable would create uncertainty
because its language is broad and aspirational rather than precise and legal in nature. Therefore, the
current position strikes a balance by recognizing the Preamble as an important interpretative guide
without treating it as an independent source of enforceable rights.

Conclusion
The Preamble to the Constitution of Bangladesh is an important constitutional document that expresses
the ideals, objectives, and philosophy of the State. It guides the interpretation of constitutional
provisions and reflects the spirit of the Liberation War. However, the Preamble is generally not
justiciable or directly enforceable in a court of law because it does not create independent legal rights or
obligations. Nevertheless, it remains a vital part of the Constitution and plays a significant role in
constitutional interpretation and judicial reasoning.

3.​ Discuss the provisions of Articles 7, 7A, and 7B of the Constitution of Bangladesh. How do
these articles protect constitutional supremacy and prevent unconstitutional seizure of
power?

Introduction
Articles 7, 7A, and 7B of the Constitution of Bangladesh are among the most important provisions for
protecting constitutional government. These articles establish the supremacy of the Constitution,
prohibit unconstitutional seizure of state power, and protect certain fundamental provisions from
amendment. Together, they safeguard democracy, the rule of law, and constitutional continuity in
Bangladesh.

Article 7: Supremacy of the Constitution

Article 7 declares that all powers in the Republic belong to the people, and the Constitution is the
supreme law of the country. It provides that any law inconsistent with the Constitution shall be void to
the extent of the inconsistency. This article establishes the principle of constitutional supremacy and
ensures that all organs of the State, including Parliament, the Executive, and the Judiciary, must act
within constitutional limits. No authority can exercise power beyond what the Constitution permits.

Article 7A: Offence of Unconstitutional Seizure of State Power

Article 7A was inserted by the Fifteenth Amendment in 2011 to prevent military coups and
unconstitutional takeovers. It declares that any attempt to suspend, overthrow, or abolish the
Constitution by force or unconstitutional means is an offence of high treason. Any person who assists,
supports, or participates in such acts is also guilty of the same offence. The article provides that such
offences shall be punishable according to law. Its main objective is to ensure that political power can
only be obtained through constitutional and democratic processes.

Article 7B: Basic Provisions Not Amendable

Article 7B protects certain fundamental provisions of the Constitution from amendment. It declares that
specific constitutional provisions relating to the basic structure and core principles of the Constitution
cannot be amended by Parliament. These include provisions concerning the Preamble, fundamental
state principles, independence and sovereignty of Bangladesh, democracy, and other essential
constitutional features. The purpose of this article is to preserve the identity and foundational character
of the Constitution.

Protection of Constitutional Supremacy

Articles 7, 7A, and 7B collectively strengthen constitutional supremacy in Bangladesh. Article 7
establishes the Constitution as the highest law of the land. Article 7A criminalizes any attempt to seize
power outside the constitutional framework. Article 7B ensures that the essential features of the
Constitution cannot be altered even through constitutional amendment. Together, these provisions
make the Constitution superior to all individuals, institutions, and political authorities.

Prevention of Unconstitutional Seizure of Power

Bangladesh experienced periods of military rule and unconstitutional changes of government after
independence. Article 7A was introduced to prevent the recurrence of such events by declaring
unconstitutional seizure of power to be high treason. Article 7 reinforces this protection by invalidating
actions that conflict with the Constitution. Article 7B further prevents the destruction of constitutional
democracy by protecting the Constitution's fundamental principles from amendment. Therefore, these
articles act as strong legal safeguards against coups, martial law, and other unconstitutional methods of
obtaining power.

Critical Evaluation
The inclusion of Articles 7A and 7B reflects the lessons learned from Bangladesh's constitutional
history. They strengthen democratic governance and constitutional stability. However, some critics
argue that Article 7B may limit Parliament's power to amend the Constitution. Despite this criticism,
supporters believe that protecting the basic structure of the Constitution is necessary to preserve
democracy, sovereignty, and the rule of law. Overall, these provisions play a vital role in ensuring
constitutional government.

Conclusion
Articles 7, 7A, and 7B are fundamental safeguards of the Constitution of Bangladesh. Article 7
establishes constitutional supremacy, Article 7A makes unconstitutional seizure of power an offence of
high treason, and Article 7B protects the Constitution's basic structure from amendment. Together,
these articles uphold democracy, prevent unconstitutional changes of government, and ensure that the
Constitution remains the supreme law of Bangladesh.

4.​ Explain the four original fundamental principles of state policy as enshrined in Part I of the
Constitution of Bangladesh. How have these principles been altered through successive
constitutional amendments?

Introduction
The Constitution of Bangladesh, adopted in 1972, established four fundamental principles of state
policy that reflected the ideals of the Liberation War. These principles are contained in Part I of the
Constitution and serve as the foundation of the State. The four principles are Nationalism, Socialism,
Democracy, and Secularism. They guide the governance of the country and influence the interpretation
of constitutional provisions.

Nationalism
Nationalism was adopted as a fundamental principle to unite the people of Bangladesh based on their
common language, culture, history, and struggle for independence. The principle emphasizes Bengali
nationalism and recognizes the collective identity that emerged through the Language Movement and
the Liberation War. It was intended to strengthen national unity and protect the sovereignty and
independence of Bangladesh.

Socialism
Socialism was included to establish social and economic justice for all citizens. The Constitution
envisioned a society free from exploitation where wealth and resources would be distributed fairly. The
principle aimed to reduce economic inequality and ensure that all people could enjoy the basic
necessities of life. However, the Constitution did not advocate a strict communist system but rather a
welfare-oriented social order.

Democracy
Democracy was adopted to ensure that the people would be the ultimate source of state power. This
principle guarantees representative government, free elections, political participation, accountability,
and respect for fundamental rights. Democracy seeks to ensure that the government remains
responsible to the people and operates according to the rule of law.

Secularism
Secularism was included to ensure religious freedom and prevent the misuse of religion for political
purposes. It guarantees equal treatment of all religions and prohibits discrimination based on religion.
The principle was intended to create a harmonious society where people of all faiths could live together
peacefully while enjoying equal rights and opportunities.

Changes Through Constitutional Amendments

The four fundamental principles have undergone significant changes through various constitutional
amendments. The most important changes occurred during periods of political and military rule. The
Fifth Amendment of 1979 altered the original secular character of the Constitution by introducing
"Bismillah-ar-Rahman-ar-Rahim" in the Constitution and emphasizing absolute trust and faith in
Almighty Allah. These changes reduced the prominence of secularism as originally conceived in 1972.

The Eighth Amendment of 1988 further changed the constitutional framework by declaring Islam as the
State Religion of Bangladesh. This amendment represented a significant departure from the original
principle of secularism and gave religion a more prominent constitutional position.

The Twelfth Amendment of 1991 did not directly change the four principles but strengthened democracy
by restoring the parliamentary system of government. This amendment revived one of the core features
of the original Constitution and reinforced democratic governance.

The Fifteenth Amendment of 2011 brought important changes by restoring secularism as a fundamental
principle of state policy. At the same time, it retained Islam as the State Religion. The amendment also
reaffirmed the spirit of the Liberation War and sought to revive the original constitutional ideals. As a
result, secularism was restored, but the constitutional recognition of Islam as the State Religion
remained unchanged.

Critical Analysis
The constitutional history of Bangladesh shows a continuous evolution of these principles. Nationalism
and democracy have largely remained central to the constitutional framework, although their practical
application has varied over time. Socialism has gradually evolved from a focus on state control of the
economy to a broader concept of social and economic justice. Secularism has experienced the most
significant changes, being removed, modified, and later restored through constitutional amendments.
These developments reflect the political, social, and ideological changes that Bangladesh has
experienced since independence.

Conclusion
The four original fundamental principles of state policy—Nationalism, Socialism, Democracy, and
Secularism—form the foundation of the Constitution of Bangladesh. They embody the ideals of the
Liberation War and the aspirations of the people. Although successive constitutional amendments,
particularly the Fifth, Eighth, Twelfth, and Fifteenth Amendments, have altered their application and
interpretation, these principles continue to play a crucial role in shaping the constitutional and political
system of Bangladesh.

5.​ Discuss the fundamental rights guaranteed under Part III (Articles 26–47A) of the Constitution
of Bangladesh. On what grounds and under what circumstances may these rights be lawfully
restricted?

Introduction
Fundamental Rights are the basic rights and freedoms guaranteed to citizens by the Constitution. Part
III of the Constitution of Bangladesh (Articles 26–47A) contains these rights. They are essential for
protecting individual liberty, dignity, equality, and justice. The Constitution also provides remedies for the
enforcement of these rights through the courts. However, these rights are not absolute and may be
restricted under certain circumstances in the public interest.

Meaning and Importance of Fundamental Rights

Fundamental Rights are constitutional guarantees that protect individuals against arbitrary actions of
the State. They promote democracy, ensure the rule of law, and safeguard human dignity. Article 26
declares that any law inconsistent with Fundamental Rights shall be void to the extent of the
inconsistency. Thus, these rights occupy a special position in the constitutional framework of
Bangladesh.

Right to Equality (Articles 27–29)

The Constitution guarantees equality before law and equal protection of law under Article 27. Article 28
prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. Article 29 ensures
equality of opportunity in public employment. These provisions aim to establish a fair and just society
where all citizens are treated equally before the law.

Right to Protection of Law and Life (Articles 31–32)

Article 31 guarantees the right to the protection of law and assures that every citizen will be treated
according to law. Article 32 protects the right to life and personal liberty and provides that no person
shall be deprived of life or liberty except in accordance with law. These rights are among the most
important constitutional protections available to citizens.

Safeguards Against Arrest and Detention (Articles 33–35)

The Constitution provides important safeguards against arbitrary arrest and detention. A person who is
arrested must be informed of the grounds of arrest and must be produced before a magistrate within
twenty-four hours. Article 35 protects individuals against ex post facto laws, double punishment for the
same offence, and self-incrimination. It also guarantees the right to a fair trial.

Freedom of Movement, Assembly, Association, Thought, and

Profession (Articles 36–40)
Article 36 guarantees freedom of movement throughout Bangladesh. Article 37 provides the right to
peaceful assembly. Article 38 recognizes the freedom of association. Article 39 guarantees freedom of
thought, conscience, speech, and expression, including freedom of the press. Article 40 protects the
freedom to choose any lawful profession, occupation, trade, or business. These freedoms are essential
for democratic governance and personal development.

Freedom of Religion and Property Rights (Articles 41–42)

Article 41 guarantees freedom of religion and allows every citizen to profess, practice, and propagate
his or her religion. Article 42 protects the right to acquire, hold, transfer, and dispose of property
according to law. These rights ensure religious liberty and economic security for citizens.

Enforcement of Fundamental Rights (Article 44 and Article

102)
Article 44 guarantees the right to move the High Court Division for the enforcement of Fundamental
Rights. Under Article 102, the High Court Division may issue necessary orders, directions, or writs to
protect these rights. This judicial remedy makes Fundamental Rights meaningful and effective.

Grounds for Restriction of Fundamental Rights

Fundamental Rights are not absolute. The Constitution permits reasonable restrictions in the interests
of the State and society. Rights such as freedom of movement, assembly, association, speech, and
profession may be restricted on grounds of public order, public safety, morality, decency, state security,
friendly relations with foreign states, public health, and the prevention of crime. Such restrictions must
be imposed by law and must be reasonable.

Suspension During Emergency

Under Article 141B and related provisions, certain Fundamental Rights may be suspended during a
proclaimed state of emergency. During such periods, the enforcement of specific rights may be
restricted if necessary for national security, public order, or the protection of the State. However,
emergency powers must be exercised according to constitutional procedures.

Special Limitation under Article 47A

Article 47A excludes certain constitutional protections for persons accused of genocide, crimes against
humanity, war crimes, and other international crimes specified by law. Such persons cannot claim
certain Fundamental Rights that are otherwise available to ordinary citizens. This provision was
introduced to facilitate the trial of serious international crimes.

Conclusion
Part III of the Constitution of Bangladesh guarantees a wide range of Fundamental Rights, including
equality, liberty, freedom of expression, freedom of religion, protection of life, and legal safeguards.
These rights are essential for democracy, justice, and human dignity. However, they are subject to
reasonable restrictions in the interests of public order, security, morality, and national welfare. The
Constitution seeks to maintain a balance between individual freedoms and the collective interests of
society.

6.​ Discuss the constitutional position, appointment, powers, and functions of the Prime Minister
of Bangladesh. Is the Prime Minister the real executive head under the present constitutional
framework?

Introduction
The Prime Minister is the most important executive authority in the governmental system of
Bangladesh. Under the Constitution, Bangladesh follows a parliamentary form of government in which
the Prime Minister plays the central role in the administration of the State. Although the President is the
constitutional head of the State, the Prime Minister is the real executive head who exercises executive
powers on behalf of the government.

Constitutional Position of the Prime Minister

The constitutional position of the Prime Minister is provided mainly in Articles 55, 56, and related
provisions of the Constitution. The Prime Minister is the head of the government and the leader of the
Cabinet. Under Article 55, the executive power of the Republic is exercised by or on the authority of the
Prime Minister. The Cabinet, headed by the Prime Minister, is collectively responsible to Parliament.
Therefore, the Prime Minister occupies the most powerful position in the executive branch of the
government.
Appointment of the Prime Minister
According to Article 56 of the Constitution, the President appoints as Prime Minister the Member of
Parliament who appears to command the support of the majority of the members of Parliament. In
practice, the leader of the majority party or coalition in Parliament is appointed Prime Minister. To
remain in office, the Prime Minister must retain the confidence of the majority in Parliament. If the Prime
Minister loses that confidence, he or she must resign or seek a fresh mandate.

Powers of the Prime Minister

The Prime Minister enjoys extensive executive powers under the Constitution. The Prime Minister
advises the President on the appointment of ministers and other important constitutional matters. The
Prime Minister determines government policies and supervises the administration of the country. He or
she controls the activities of the Cabinet and coordinates the work of different ministries. The Prime
Minister also plays a leading role in national planning, law-making, and foreign policy decisions. Since
the President generally acts on the advice of the Prime Minister, the Prime Minister's influence over
state affairs is substantial.

Functions of the Prime Minister

The Prime Minister performs various constitutional and political functions. As the head of the
government, the Prime Minister directs the administration of the State and ensures the implementation
of laws and policies. The Prime Minister leads Cabinet meetings, guides legislative business in
Parliament, and represents the government before the nation. The Prime Minister also acts as the chief
spokesperson of the government and represents Bangladesh in important international meetings and
negotiations. Furthermore, the Prime Minister maintains coordination among ministers and ensures
collective responsibility of the Cabinet.

Relationship Between the Prime Minister and the President

Under the present parliamentary system, the President is the formal head of the State, while the Prime
Minister is the effective head of the executive branch. The President generally acts according to the
advice of the Prime Minister, except in a few situations specifically mentioned in the Constitution. As a
result, the real authority in the executive branch rests with the Prime Minister rather than the President.

Is the Prime Minister the Real Executive Head?

Yes, the Prime Minister is the real executive head under the present constitutional framework of
Bangladesh. Following the restoration of the parliamentary system through the Twelfth Amendment in
1991, executive power effectively became concentrated in the office of the Prime Minister. The Prime
Minister controls the Cabinet, directs government policies, influences legislative activities, and exercises
significant authority over state administration. Although the President remains the constitutional head of
the State, most executive powers are exercised on the advice and authority of the Prime Minister.
Therefore, in practice as well as in constitutional theory, the Prime Minister is the real executive head of
Bangladesh.
Conclusion
The Prime Minister occupies a central position in the constitutional structure of Bangladesh. Appointed
from among the members who command a majority in Parliament, the Prime Minister leads the
government, controls the executive branch, and directs national policy. The Prime Minister's extensive
powers and functions make the office the most influential institution in the political system. Accordingly,
under the present parliamentary framework, the Prime Minister is undoubtedly the real executive head
of Bangladesh.

7.​ Analyse the constitutional position, powers, duties, immunities, and removal procedure of the
President of Bangladesh. Is the President a merely ceremonial head of state?

Introduction
The President of Bangladesh is the constitutional head of the State. The office is established under the
Constitution, and the President represents the unity and sovereignty of the Republic. Bangladesh
follows a parliamentary system, so the President does not exercise direct executive authority in most
cases. However, the President still holds important constitutional, ceremonial, and limited discretionary
powers.

Constitutional Position of the President

The President is the Head of State of Bangladesh. According to the Constitution, all executive actions of
the Republic are taken in the name of the President. However, under the parliamentary system restored
by the Twelfth Amendment, real executive power is exercised by the Prime Minister and the Cabinet.
The President acts mainly on the advice of the Prime Minister except in certain limited situations.

Powers of the President

The President enjoys different types of powers under the Constitution.

First, the President has executive powers. These include appointing the Prime Minister, Ministers,
Judges of the Supreme Court, and other constitutional officers. However, most of these appointments
are made on the advice of the Prime Minister.

Second, the President has legislative powers. The President summons, prorogues, and dissolves
Parliament. No bill becomes law without the assent of the President. The President can also promulgate
ordinances when Parliament is not in session.

Third, the President has judicial powers. The President can grant pardon, reprieve, and remission of
punishment.
Fourth, the President has emergency powers. During national emergency, the President can declare
emergency under constitutional provisions, usually on the advice of the Cabinet.

Duties of the President

The main duty of the President is to ensure that the Constitution is observed and the government
functions according to law. The President represents the State in international relations and acts as a
symbol of national unity. The President also ensures continuity of government during political transitions
and constitutional crises.

Immunities of the President

The President enjoys constitutional immunity during the term of office. The President cannot be held
legally responsible in any court for acts done in the exercise of official duties. However, the President
may be impeached for violation of the Constitution or grave misconduct. After leaving office, the
President may be held accountable for unlawful acts committed during tenure in accordance with law.

Removal Procedure of the President

The President can be removed from office through impeachment. According to the Constitution,
impeachment may be initiated in Parliament on the grounds of violation of the Constitution or serious
misconduct. A resolution must be passed by a special majority of members of Parliament. After
investigation and hearing, if the charge is proved, the President is removed from office. This process
ensures accountability while maintaining constitutional stability.

Is the President Merely a Ceremonial Head of State?

In practice, the President of Bangladesh is largely a ceremonial head of State. This is because real
executive authority is vested in the Prime Minister and the Cabinet under the parliamentary system. The
President generally acts on the advice of the Prime Minister in almost all matters. However, the
President is not completely powerless. In certain constitutional situations such as appointment of the
Prime Minister when no clear majority exists, dissolution of Parliament under specific conditions, and
emergency-related matters, the President may exercise some discretionary powers.

Therefore, while the President is mainly ceremonial in nature, the office still has constitutional
significance and limited discretionary authority.

Conclusion
The President of Bangladesh occupies an important constitutional position as the Head of State.
Although most executive powers are exercised on the advice of the Prime Minister, the President
performs significant ceremonial, constitutional, and limited discretionary functions. The President enjoys
immunity during office and can only be removed through impeachment. Thus, the President is largely
ceremonial in practice but remains a vital constitutional authority in the structure of the State.
 8.​ Discuss the composition, powers, and legislative procedure of the Jatiya Sangsad as
provided in the Constitution of Bangladesh. What are the constitutional limitations on the
legislative powers of Parliament?

Introduction
The Jatiya Sangsad (National Parliament) is the supreme legislative body of Bangladesh. It represents
the people and exercises legislative authority under the Constitution. Although Parliament is the main
law-making institution, its powers are not unlimited. It must function within the framework of the
Constitution.

Composition of the Jatiya Sangsad

The composition of the Jatiya Sangsad is described in Article 65 of the Constitution. It consists of 300
directly elected members from territorial constituencies and a number of reserved seats for women,
which are distributed among political parties based on proportional representation. Members are
elected for a term of five years unless Parliament is dissolved earlier. The Speaker presides over the
sessions of Parliament, and the Deputy Speaker assists in conducting parliamentary business.

Powers of the Jatiya Sangsad

The Jatiya Sangsad has wide-ranging powers. Its primary power is legislative power, which includes
making, amending, and repealing laws. Parliament also has financial powers, as no tax can be imposed
and no public expenditure can be made without its approval. It controls the national budget and public
finance.

Parliament also has executive control. The Cabinet is collectively responsible to Parliament, and the
government must maintain the confidence of the majority of members. Parliament can question
ministers, debate policies, and pass motions of no confidence.

In addition, Parliament has constituent power to amend the Constitution under Article 142, although this
power is subject to certain limitations.

Legislative Procedure in Parliament

The legislative process begins with the introduction of a bill in Parliament. A bill may be public or
private. It goes through several stages including first reading, second reading, committee stage, and
third reading. During the second reading, detailed discussion takes place and amendments may be
proposed. The bill is then reviewed by a parliamentary committee for scrutiny. After final approval by
majority vote, the bill is sent to the President for assent. Once the President gives assent, it becomes
law.

Constitutional Limitations on Legislative Powers

Although Parliament is the supreme legislative authority, its powers are limited by the Constitution.

First, Parliament cannot pass laws that violate Fundamental Rights under Part III of the Constitution.
Article 26 declares that any law inconsistent with Fundamental Rights is void.

Second, Parliament must act within the framework of the Constitution. It cannot destroy the basic
structure of the Constitution, such as democracy, rule of law, and independence of the judiciary.

Third, constitutional amendments under Article 142 are subject to procedural requirements and, in
some cases, judicial review where basic structure doctrine applies.

Fourth, during emergencies, Parliament’s normal legislative process may be restricted by executive
authority, but such actions must still comply with constitutional provisions.

Fifth, certain constitutional provisions are protected under Article 7B and cannot be amended or altered
by Parliament.

Conclusion
The Jatiya Sangsad is the central legislative authority of Bangladesh, consisting of elected
representatives who exercise law-making, financial, and oversight powers. However, its authority is not
absolute. It is limited by Fundamental Rights, constitutional supremacy, procedural requirements, and
the basic structure of the Constitution. Therefore, Parliament operates as a powerful but constitutionally
controlled institution within a democratic framework.

9.​ Discuss the structure, jurisdiction, and appointment of judges of the Supreme Court of
Bangladesh. How is the independence of the judiciary secured under the Constitution?

Introduction
The Supreme Court of Bangladesh is the highest judicial authority in the country. It is established under
the Constitution to ensure justice, protect fundamental rights, and uphold the rule of law. The Supreme
Court plays a central role in maintaining constitutional governance and interpreting the laws of the
State.

Structure of the Supreme Court

According to the Constitution, the Supreme Court of Bangladesh consists of two divisions. The first is
the High Court Division, and the second is the Appellate Division. The High Court Division deals with
writ jurisdiction, original jurisdiction in constitutional matters, and appellate cases from lower courts. The
Appellate Division is the highest appellate body and hears appeals from the High Court Division. The
Chief Justice of Bangladesh is the head of the Supreme Court and oversees its administration.
Jurisdiction of the Supreme Court
The Supreme Court has broad and important jurisdiction. The High Court Division has original
jurisdiction in enforcing fundamental rights under Article 102 of the Constitution. It also has appellate
and revisional jurisdiction over lower courts. Additionally, it can issue writs such as habeas corpus,
mandamus, prohibition, certiorari, and quo warranto to protect legal and constitutional rights.

The Appellate Division has appellate jurisdiction over judgments, decrees, and orders of the High Court
Division. It also has advisory jurisdiction under Article 106, where the President may seek its opinion on
important legal questions.

Appointment of Judges
The appointment of judges of the Supreme Court is made by the President under Article 95 of the
Constitution. Judges of the Appellate Division are appointed from among the judges of the High Court
Division. The Chief Justice is appointed by the President, and other judges are appointed considering
their qualifications, legal expertise, and seniority. Although the Constitution vests appointment power in
the President, in practice the President acts on the advice of the Prime Minister.

Independence of the Judiciary

The independence of the judiciary is a fundamental principle of the Constitution. Several constitutional
provisions ensure judicial independence.

First, judges of the Supreme Court enjoy security of tenure. They cannot be removed easily and can
only be removed through a special procedure involving the Supreme Judicial Council (earlier) or
parliamentary process as amended.

Second, judges are guaranteed fixed salaries and service conditions, which cannot be changed to their
disadvantage.

Third, the judiciary has control over its own internal administration, which ensures functional
independence.

Fourth, the Constitution provides for separation of the judiciary from the executive through Article 22,
which aims to ensure that judicial functions are not controlled by the executive branch.

Fifth, the High Court Division has the power of judicial review, allowing it to declare unconstitutional
laws or executive actions void.

Conclusion
The Supreme Court of Bangladesh is the highest guardian of the Constitution. It consists of the High
Court Division and the Appellate Division, each with distinct jurisdiction. Judges are appointed by the
President, and their tenure and service conditions are protected by the Constitution. The independence
of the judiciary is ensured through security of tenure, financial protection, separation from the executive,
and judicial review powers. These safeguards are essential for maintaining the rule of law and
protecting constitutional governance in Bangladesh

10.​Discuss the writ jurisdiction of the High Court Division under Article 102 of the Constitution
of Bangladesh. Explain the five types of writs with their essential conditions and illustrative
examples.

Introduction
Writ jurisdiction under Article 102 of the Constitution of Bangladesh is one of the most important powers
of the High Court Division. It is a constitutional remedy for the protection of fundamental rights and
enforcement of legal duties. Through writ jurisdiction, the High Court ensures rule of law, legality of
administrative action, and protection against arbitrary exercise of power.

Meaning and Scope of Writ Jurisdiction

Writ jurisdiction means the power of the High Court Division to issue written orders to public authorities
to perform their legal duties or to restrain them from acting unlawfully. Under Article 102, any aggrieved
person can seek relief when there is violation of fundamental rights or illegal action by a public authority.
This jurisdiction is extraordinary in nature and is exercised only when no other equally effective remedy
is available.

Types of Writs under Article 102

The Constitution of Bangladesh recognizes five traditional writs derived from English law. These are
Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.

1. Writ of Habeas Corpus

The writ of habeas corpus means “to have the body.” It is issued to protect personal liberty. The court
orders a person who has detained another person to produce the detainee before the court and justify
the legality of detention.

Essential Conditions

●​ There must be illegal or unlawful detention.

●​ The detention must be by a public authority or under its authority.
●​ The person detained must be deprived of personal liberty without lawful justification.

Example
If a person is arrested by police without lawful grounds and is not produced before a magistrate within
the required time, the High Court may issue a writ of habeas corpus for release.

2. Writ of Mandamus
Mandamus means “we command.” It is issued to compel a public authority or official to perform a legal
duty that they have failed or refused to perform.

Essential Conditions

●​ There must be a public duty imposed by law.

●​ The authority must have failed to perform that duty.
●​ The petitioner must have a legal right to demand performance of the duty.

Example

If a municipal authority refuses to issue a lawful building permit without valid reason, the court may
issue mandamus to compel issuance.

3. Writ of Prohibition
Prohibition is issued by the High Court to prevent a lower court or tribunal from acting beyond its
jurisdiction. It is a preventive remedy.

Essential Conditions

●​ The lower court or tribunal must be acting without or in excess of jurisdiction.

●​ The matter must still be pending before that court or tribunal.
●​ There must be a risk of illegal judicial or quasi-judicial action.

Example

If a tribunal tries to hear a case that legally belongs to a civil court, the High Court may issue prohibition
to stop further proceedings.

4. Writ of Certiorari
Certiorari is issued to quash an order already passed by a lower court or tribunal when it has acted
illegally or without jurisdiction.
Essential Conditions

●​ The lower court must have acted without jurisdiction or committed an error of law.
●​ The order must already have been passed.
●​ There must be a violation of principles of natural justice.

Example

If a tribunal passes an order without giving the affected person a fair hearing, the High Court may quash
the order through certiorari.

5. Writ of Quo Warranto

Quo warranto means “by what authority.” It is issued to challenge the legality of a person holding a
public office.

Essential Conditions

●​ The office must be a public office created by law.

●​ The person must be unlawfully occupying the office.
●​ There must be no legal authority for holding the position.

Example

If a person is appointed to a government post without fulfilling legal qualifications, the High Court may
issue quo warranto to remove them.

Importance of Writ Jurisdiction

Writ jurisdiction under Article 102 is essential for protecting fundamental rights and ensuring
administrative accountability. It prevents abuse of power, protects individual liberty, and maintains the
supremacy of law. It also strengthens judicial control over executive and administrative actions.

Conclusion
The writ jurisdiction of the High Court Division is a powerful constitutional mechanism for safeguarding
justice and legality. The five writs—habeas corpus, mandamus, prohibition, certiorari, and quo
warranto—serve different purposes but collectively ensure protection of rights and lawful exercise of
authority. Article 102 thus plays a vital role in upholding the rule of law and constitutional governance in
Bangladesh.
 11.​Discuss the constitutional provisions relating to the establishment, composition, powers, and
functions of the Election Commission of Bangladesh. How is the independence of the
Election Commission ensured under the Constitution?

Introduction
The Election Commission of Bangladesh is a constitutional body established to ensure free, fair, and
impartial elections. It is one of the most important institutions in a democratic system because it
safeguards the electoral process and ensures the people’s right to choose their representatives. The
Constitution of Bangladesh provides detailed provisions regarding its establishment, composition,
powers, and independence.

Establishment of the Election Commission

The Election Commission is established under Article 118 of the Constitution of Bangladesh. It is an
independent constitutional body responsible for conducting elections to the office of President,
Members of Parliament, and other constitutional elections. The main objective of its establishment is to
ensure that elections are conducted in a free, fair, and neutral manner without political influence.

Composition of the Election Commission

According to the Constitution, the Election Commission consists of a Chief Election Commissioner and
such number of Election Commissioners as may be determined by law. All members are appointed by
the President. The Chief Election Commissioner acts as the head of the Commission, and the other
Commissioners assist in performing its functions. The composition may vary depending on legal
provisions, but the constitutional requirement ensures a structured and independent body.

Powers and Functions of the Election Commission

The Election Commission has wide-ranging constitutional powers. Its primary function is to conduct
elections for the office of President and Members of Parliament. It prepares and updates the electoral
rolls and ensures their accuracy. It also demarcates constituencies for parliamentary elections.

The Commission supervises, directs, and controls all matters related to elections. It regulates political
parties, election campaigns, and election-related disputes. It can issue necessary instructions to ensure
free and fair elections. The Commission also has the authority to cancel or suspend elections if
irregularities occur. Additionally, it is responsible for enforcing the electoral code of conduct.

Independence of the Election Commission

The Constitution provides several safeguards to ensure the independence of the Election Commission.
First, the Election Commission is a constitutional body and not a department of the executive
government. This gives it institutional autonomy.
Second, the Chief Election Commissioner and other Commissioners enjoy security of tenure. They
cannot be removed arbitrarily and can only be removed in a manner similar to that of a judge of the
Supreme Court, which ensures protection from political pressure.

Third, their salaries and service conditions are determined by law and cannot be changed to their
disadvantage during their term of office.

Fourth, the Election Commission has full authority to control and supervise elections without
interference from the executive branch. Government officials are required to assist the Commission
during elections.

Fifth, the Commission is financially independent to a certain extent, as its expenditures are charged on
the Consolidated Fund of the Republic, ensuring that it does not depend on government approval for its
basic functioning.

Critical Analysis
Although the Constitution provides strong safeguards for independence, in practice the effectiveness of
the Election Commission depends on political culture and institutional cooperation. Issues such as
administrative dependence and political influence sometimes affect its neutrality. However,
constitutionally, it is designed as an independent watchdog of the electoral system.

Conclusion
The Election Commission of Bangladesh is a vital constitutional institution established under Article 118
to conduct free and fair elections. It consists of a Chief Election Commissioner and other
Commissioners appointed by the President. It exercises wide powers related to election management
and electoral supervision. The Constitution ensures its independence through security of tenure,
financial autonomy, and institutional separation from the executive. Therefore, the Election Commission
plays a crucial role in protecting democracy and ensuring the legitimacy of elected governments in
Bangladesh.