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Amendments to the Constitution of Bangladesh

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Amendments to the Constitution of Bangladesh

The Constitution of the People's Republic of Bangladesh was adopted and enacted on 4 November 1972, after the victory of the independent country on 16 December 1971. As of 2016 the Constitution has been amended 16 times.

Contents

First amendment

Passed on 17 July 1973, the first amended was made to the Article 47 of the constitution. The amendment inserted an additional clause, Article 47(3) that allowed punishment and prosecution of war criminals under international law. A new Article 47A was also added, which specified that certain fundamental rights will be inapplicable in those cases.

Second amendment

Second amendment of the constitution was passed on 22 September 1973 that suspended some of the fundamental rights of the citizens during a state of emergency. The act made following changes to the constitution:

  • Amended articles 26, 63, 72 and 142.
  • Substituted Article 33.
  • Inserted a new Part IXA to the constitution.

    • Third amendment

    Third Amendment was passed on 28 November 1974 that brought changes in Article 2 of the constitution. An agreement was made between Bangladesh and India in respect of exchange of certain enclaves and fixation of boundary lines between the countries.

    Fourth amendment

    The amendment was passed on 25 January 1975.

    1. Amended articles 11, 66, 67, 72, 74, 76, 80, 88, 95, 98, 109, 116, 117, 119, 122, 123, 141A, 147 and 148 of the constitution
    2. Substituted Articles 44, 70, 102, 115 and 124 of the constitution
    3. Amended part III of the constitution out of existence
    4. Altered the Third and Fourth Schedule
    5. Extended the term of the first Jatiya Sangsad
    6. Inserted a new part, VIA in the constitution and
    7. Inserted new articles 73A and 116A in the constitution.

    Significant changes included:

  • The presidential form of government was introduced replacing the parliamentary system.
  • A one-party system in place of a multi-party system was introduced;
  • the powers of the Jatiya Sangsad were curtailed;
  • the Judiciary lost much of its independence;
  • the Supreme Court was deprived of its jurisdiction over the protection and enforcement of fundamental rights.

    • Fifteenth amendment

    The Fifteenth Amendment was passed on 30 June 2011 made some significant changes to the constitution. The amendment scrapped the system of Caretaker Government of Bangladesh. It also made following changes to the constitution:

  • Increased number of women reserve seats to 50 from existing 45.
  • After the article 7 it inserted articles 7(a) and 7(b) in a bid to end take over of power through extra-constitutional means.
  • Restored secularism and freedom of religion.
  • Incorporated nationalism, socialism, democracy and secularism as the fundamental principles of the state policy.
  • Acknowledged Sheikh Mujibur Rahman as the Father of the Nation.

    • Sixteenth amendment

    16th amendment of the constitution was passed by the parliament on September 17, 2014 which gave power to the Jatiyo Shangshad to remove judges if allegations of incapability or misconduct against them are proved. On 5 May 2016, the Supreme Court of Bangladesh declared the 16th Amendment illegal and contradictory to the Constitution.

    References

    Amendments to the Constitution of Bangladesh Wikipedia
    (Text) CC BY-SA