A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. The Constitution of Bangladesh is the supreme law of Bangladesh. It declares Bangladesh as a secular democratic republic where sovereignty belongs to the people; and lays down the framework defining fundamental political principles of the state and spells out the fundamental rights of citizens. Passed by the Constituent Assembly of Bangladesh on November 4, 1972, it came into effect from December 16, 1972, on the first anniversary of Bangladesh's victory over Pakistan in the Liberation War. The constitution proclaims nationalism, democracy, socialism and secularity as the fundamental principles of the Bangladeshi republic. When adopted in 1972, it was one of the most liberal constitutions of the time. In this month our constitution will become 40 years old. In these 40 years our constitution was amended in several times for serving various political motives of different politicians on the basis of changing circumstance.
Definition of Amendment of the constitution:
A constitutional amendment is a formal change to the text of the written constitution of a nation or state. Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation. At a zest if any thing is inserted, substituted, suspended in any provision of the constitution is called the amendment of the constitution.
There are no special rules in constitution to give the punishment of war crime criminal .In 15th July 1973 the first amendment of constitution was taken for the need of the punishment of the war crime against humanity, genocides and other crime under international law during the liberation on war 1971.The Former President Mr. Shiekh Mujibur Rahman made the Initiative to make the process fruitful by amended the constitution. It inserted a new clause (clause 3) in article 47 of the constitution which allowed the parliament to make any law for the trial of war criminals. By inserting another new article 47A certain fundamental rights were made inapplicable for the war criminals. They are- -Right to protection of law (article 31).
-Protection against trial under expost facto law [article 35(1)]. -Right to a speedy and public trial by an independent and impartial tribunal [article 35(3)]. -Right to enforce fundamental rights (article 44).
In 22nd September 1973 the second amendment of the constitution was occurred for the preventive detention, suspension of fundamental right and inclusion of emergency provision. It also amends by the Former President Mr. Shiekh Mujibur Rahman make the Initiative to make the process fruitful by amendment the constitution. In our original constitution of Bangladesh there was no provision of emergency and for preventive detention. but after 9 months these provisions were inserted through second amendment. Four types of major changes were introduced by this amendment. They are- -new part IX was added to incorporate emergency provisions.
-article 33 was substituted so as to empower the parliament to pass law relating to preventive detention. -article 26(3) and 142(3) was added for incorporating provision for enacting laws inconsistent with fundamental rights. -the interval between two sessions of the parliament was extended from 60 days to 120 days. 3rd amendment:
In 28 November 1974 this amendment is making the give affect the boundary line between Bangladesh and India. It was made to face practical situation. This amendment amended article 2 of the constitution and gave effect to an agreement between Bangladesh and India relating to some changes in boundary lines between these two countries.
In 25th January 1975 the fourth amendment of the constitution was introduced in the parliament...