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The Constitution of Bangladesh, since its adoption in 1972, has repeatedly come under criticism for its failure to build institutionalism in governance and politics, safeguard human rights, and ensure the independence of the judiciary and the legislature from the executive.
As a result, on 2 July the BNP introduced the Constitution (Twelfth Amendment) Bill 1991. The Awami League also put forward its own constitutional amendment bill. A 15-member select committee was formed to resolve the differences. [2] The committee produced a unanimous report and placed it before the Parliament on 6 August for approval.
Incorporated four original fundamental state policies of the 1972 constitution nationalism, socialism, democracy and secularism. Increased number of women reserved seats to 50 from existing 45. After article 7 it inserted articles 7(a) and 7(b) in a bid to end take over of power through extra-constitutional means.
Anwar Hussain . Vs. Bangladesh [10] widely known as 8th Amendment case is a famous judgment in the constitutional record of independence Bangladesh. This is the earliest judgment whereby the Supreme Court of Bangladesh as salient down an amendment to the constitution ready by the parliament.
The Fifth Amendment to the Constitution of Bangladesh ratified and confirmed all proclamations, orders, regulations and laws, and 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 the authorities when the country was under martial law.
However, the constitution left wide powers for judicial review and judicial precedent, making Bangladesh a part of the common law world. The first blows to the original constitution came in 1973 and 1974, when Prime Minister Sheikh Mujibur Rahman's government passed amendments that gave the state the power to suspend fundamental rights during a ...
When Bangladesh became independent, the government of Sheikh Mujibur Rahman adopted a Bengali nationalist constitution, which denied recognition of the country's ethnic minorities. Manabendra Narayan Larma , a member of parliament form the hill tracts, called for constitutional recognition of the indigenous people of the area. [ 187 ]
Judicial precedent is enshrined under Article 111 of the Constitution of Bangladesh. [4]Bangladeshi courts have provided vital judicial precedent in areas like constitutional law, such as in Bangladesh Italian Marble Works Ltd. v. Government of Bangladesh, which declared martial law illegal.