Question: Bangladeshi constitution changes over time but it don’t reflect the demand of the people of Bangladesh. Introduction:
Bangladesh Constitution changes over time in different government regime. There have been ongoing controversies and debates on some aspects of the current Bangladesh Constitution, especially every government came to power and amend the constitution according to their will. No specific and written proposal has ever been published by those governments; so we are unaware of the benefit of those Amendments which are intended. In my study, I tried to discuss about some important amendment about Bangladeshi Constitution. Especially I focused on reflections of the demands and choices of people on these changes.
In 1973, the Constitution Act 1973 was passed inserting sub-art (3) in Article 47 whereby law can be enforced over war criminal and then fundamental human rights will be inapplicable.
Flaws of this amendment:
Govt. can misuse this amendment and accuse someone as war criminal. As a result that accused people will not be able to have any kind of fundamental human rights. This amendment is not reflecting the need of mass people rather some political people.
The Constitution (Third Amendment) Act 1974 was passed to give effect to the agreement with India giving up the claim in respect of Berubari and retaining Dahagram and Angorpota.
Flaws of this amendment:
An Enclave is a geographical territory which is completely surrounded by foreign territory (including foreign territorial water) such a territory is called an enclave in respect to the surrounding foreign territory, and an exclave in respect to the territory to which it is politically attached. So after the exchange, the control of the corridor rested with the Indian authorities, and the problems of connecting other enclaves continue as before. Moreover the primary sufferers of this controlled corridor are the people of Bangladesh.
The Constitution (Fifth Amendment) Act was passed by the Jatiya Sangsad on 6 April 1979. This Act amended the Fourth Schedule to the Constitution by adding a new Paragraph 18 thereto, which provided that all amendments, additions, modifications, substitutions and omissions made in the Constitution during the period between 15 August 1975 and 9 April 1979 (both days inclusive) by any Proclamation or Proclamation Order of the Martial Law Authorities had been validly made and would not be called in question in or before any court or tribunal or authority on any ground whatsoever. The expression ‘Bismillah ar-Rahman ar-Rahim’ was added before the Preamble of the Constitution. The expression ‘historic struggle for national liberation’ in the Preamble was replaced by ‘a historic war for national independence.’ One party system was replaced by multiparty parliamentary system. Fundamental principles of state policy were made as ‘absolute trust and faith in the Almighty Allah, nationalism, democracy and socialism meaning economic and social justice.’
Flaws of Fifth Amendment :
The Fifth Amendment was passed by a military government in the consequences of a series of murderous coups, counter-coups and government change. That period was very painful, undefined and critical for the ‘sovereign existence’ of Bangladesh as it faced hosts of political, economic and security challenges from both within and outside. One may have hesitations about some aspects of this or any other Amendment but it is important also to consider the overall situation prevailing at the time. And it is wrong, in my opinion, to condemn any or all the Amendments if the existing conditions demanded it, but we have a right, in fact obligations, to look at them critically and reassess the situation . The leaders want to change the present Constitution, because according to them, the Constitution was made ‘Communal’ by introducing the words ‘Bismillah ar-Rahman ar-Rahim’...
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