Wikipedia - Benutzerbeiträge [de]

Benutzer:Shi Annan/Verfassung von Bangladesch

2012-12-24T01:16:56Z

111.221.0.2: The news link has no mention of "sovereignty belongs to the people", and the accurate translation of "Constitution of Bangladesh" is Bangladesher Shongbidhan

{{Politics of Bangladesh}}
The '''Constitution of Bangladesh''' ({{lang-bn|বাংলাদেশের সংবিধান}} ''Bangladesher Shongbidhan'') is the [[constitution|supreme law]] of [[Bangladesh]]. It proclaims Bangladesh as a secular democratic republic;<ref>{{cite web|url=http://www.bdnews24.com/details.php?cid=2&id=175271&hb=4 |title=HC rules Bangladesh secular | Bangladesh |publisher=bdnews24.com |date= |accessdate=2012-05-28}}</ref>, declares the fundamental rights and freedoms of Bangladeshi citizens, spells out the fundamental principles of state policy, and establishes the structure and functions of the executive, legislative and judicial branches of the republic. 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 [[Bangladesh Liberation War|Liberation War]]. The constitution proclaims [[nationalism]], [[democracy]], [[socialism]] and [[secularity]] as the national ideals of the Bangladeshi republic. When adopted in 1972, it was one of the most liberal constitutions of the time.<ref>{{cite web|url=http://www.thedailystar.net/newDesign/news-details.php?nid=124641 |title=Govt happy |publisher=Thedailystar.net |date=2010-02-03 |accessdate=2012-05-28}}</ref><ref>{{cite web|url=http://www.thedailystar.net/newDesign/news-details.php?nid=124640 |title=Constitution to get back on '72 track |publisher=Thedailystar.net |date=2010-02-03 |accessdate=2012-05-28}}</ref><ref>{{cite web|url=http://www.pmo.gov.bd/pmolib/constitution/ |title=Index of /pmolib/constitution |publisher=Pmo.gov.bd |date=2009-06-14 |accessdate=2012-05-28}}</ref>

== Preamble ==

The preamble to the Constitution of Bangladesh is the introductory statement that sets out the guiding purpose and principles of the document. The preamble is not an integral part of the constitution in the sense that it is enforceable in a court of law.

===Full text===

{{quotation|We, the people of Bangladesh, having proclaimed our Independence on the 26th day of March, 1971 and through a historic struggle for national liberation, established the independent, sovereign People's Republic of Bangladesh;

Pledging that the high ideals of nationalism, democracy, socialism and secularity, which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in the struggle for national liberation, shall be fundamental principles of the Constitution;

Further pledging that it shall be a fundamental aim of the State to realise through the democratic process, a socialist society free from exploitation, a society in which the rule of law, fundamental human rights and freedoms, equality and justice, political, economic and social, will be secured for all citizens;

Affirming that it is our sacred duty to safeguard, protect and defend this Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh so that we may prosper in freedom and may make our full contribution towards international peace and co-operation in keeping with the progressive aspirations of mankind;

In our Constituent Assembly, this eighteenth day of Kartick, 1379 B.S corresponding to the fourth day of November, 1972 A.D., do hereby adopt, enact and give to ourselves this Constitution.}}

==Organs of the state==
As per the constitution of the republic it comprises three basic organs:
# Legislative Branch
# Executive Branch
# Judicial Branch

==Articles==


The constitution of Bangladesh is divided into 11 parts, which are further subdivided into 153 articles. In addition, there are 7 schedules.

===Part I: The Republic===
This section defines the nature of the country, its state religion and other national issues. According to it, Peoples Republic of Bangladesh is a unitary republic consisting of the territories of the former [[East Pakistan]] and also included territories (some enclaves exchanged with [[India]]). The state religion is [[Islam]], but all other religions can be practised in peace and harmony. The state language is [[Bengali language|Bengali]] and the national anthem is the first ten line of the song [[Amar Sonar Bangla]]. The national flag is a red circle on a green background. The national emblem is the national flower [[Shapla]] (nympoea-nouchali) resting on water, having on each side and ear of paddy and being surmounted by three connected leaves of jute with two stars on each side of the leaves. This section also mandates that the portrait of prime minister must be displayed in all government, semi-government and autonomous offices. The capital of the country is [[Dhaka]]. The citizens are to be known as [[Bangladesh]]is.

Finally Part I asserts that all power belong to the people and the constitution, being the supreme law of the country, will supersede any other laws and regulations.

===Part II: Fundamental principles of state policy===
This part describes the fundamental principles. The original 1972 constitution had 4 basic principles: [[Secularity]], [[Nationalism]], [[Democracy]] and [[Socialism]] (meaning economic and social justice for all). However, later amendments replaced [[Secularity]] with "Absolute trust and faith in the Almighty Allah shall be the basis of all actions."<ref>{{cite web |title=Constitution of Bangladesh: Part II: Fundamental Principles of State Policy |work=Chief Adviser's Office |publisher=Prime Minister's Office. Government of the People's Republic of Bangladesh |url=http://www.pmo.gov.bd/pmolib/constitution/part2.htm#P2 }}</ref>

Part II's article 9, 10, and 11 declares the rights of the people. Article 9 provides guidelines for quotas for the underrepresented communities, women, and peasants. Article 10 states the equal rights of women. Article 11 states that Bangladesh would be a democracy, with guaranteed human rights. Article 13, 14, 15, and 16 deal with principal of ownership, emancipation of workers and peasants, provision of basic necessities, and rural development. Article 17 states that the basic education will be free and compulsory for all children until the age of 18. The remaining articles (18-25) provide various guarantees for public health and morality, equality of opportunity, work as a right and duty, duties of citizens and of public servants, separation of Judiciary from the executive, national culture, national monuments, and promotion of international peace, security and solidarity, respectively.

==Amendments==
{{As of|2011}} the Constitution of the People's Republic of Bangladesh has been amended 15 times.

Summary of amendments:
First Amendment: The Constitution (First Amendment) Act 1973 was passed on 15 July 1973. It amended Article 47 of the Constitution by inserting an additional clause which allowed prosecution and punishment of any person accused of 'genocide, crimes against humanity or war crimes and other crimes under international law'. A new Article 47A was also inserted, making certain fundamental rights inapplicabile in those cases.

Second Amendment:The Constitution (Second Amendment) Act 1973 was passed on 22 September 1973. This act:
amended Articles 26, 63, 72 and 142 of the Constitution;
replaced Article 33; and
inserted a new part (Part IXA).
Provision was made through this amendment for the suspension of certain fundamental rights of citizens during an emergency.

Third Amendment: The Constitution (Third Amendment) Act 1974 was enacted on 28 November 1974. This amendment altered Article 2 of the Constitution to give effect to an agreement between Bangladesh and India for the exchange of certain enclaves, and the fixing of boundary lines between the two countries.

Fourth Amendment: The Constitution (Fourth Amendment) Act 1975 was passed on 25 January 1975. Major changes were brought into the Constitution by this amendment:
*a presidential form of government was introduced in place of the parliamentary system;
*a one-party system was introduced in place of a multiparty system;
*the powers of the Jatiya Sangsad were curtailed;
*the term of the first Jatiya Sangsad was extended;
*the judiciary lost much of its independence; and
*the Supreme Court was deprived of its jurisdiction over the protection and enforcement of fundamental rights.
This Act:
* 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;
* replaced Articles 44, 70, 102, 115 and 124;
* repealed Part III of the Constitution;
* altered the Third and Fourth Schedules;
* inserted a new part (Part VIA); and
* inserted new articles 73A and 116A.

Fifth Amendment: The Fifth Amendment Act was passed by the Jatiya Sangsad on 6 April 1979. This Act amended the Fourth Schedule to the Constitution by inserting a new paragraph 18. The effect of the amendment was that all amendments or repeals made in the Constitution from 15 August 1975 to 9 April 1979 (inclusive) by any proclamation or Proclamation Order of the Martial Law Authorities were deemed to have been validly made, and could not be called into question before any court or tribunal or other authority. (See also the Seventh Amendment.)

Sixth Amendment: The Sixth Amendment Act was enacted by the Jatiya Sangsad; it amended Articles 51 and 66 of the Constitution.

Seventh Amendment: The Seventh Amendment Act was passed on 11 November 1986. It amended Article 96 of the Constitution; it also amended the Fourth Schedule to the Constitution by inserting a new paragraph 19, which amongst other things provided that all proclamations, proclamation orders, Chief Martial Law Administrator's Orders, Martial Law Regulations, Martial Law Orders, Martial Law Instructions, ordinances and other laws made from 24 March 1982 to 11 November 1986 (inclusive) had been validly made, and could not be called into question before any court or tribunal or other authority. (See also the Fifth Amendment.)

Eighth Amendment: The Eighth Amendment Act was passed on 7 June 1988. It amended Articles 2, 3, 5, 30, and 100 of the Constitution. This Amendment:
*declared [[Islam]] as the [[state religion]];
*decentralised the judiciary by setting up six permanent benches of the High Court Division outside Dhaka;
*substituted the spelling 'Bengali' with 'Bangla', and 'Dacca' with 'Dhaka', in Article 5 of the Constitution;
*amended Article 30 of the Constitution by prohibiting the acceptance of any title, honours, award, or decoration from any foreign state by any citizen of Bangladesh without the prior approval of the president.
The amendment of Article 100 was subsequently declared invalid by the Supreme Court, as it altered the basic structure of the constitution.

Ninth Amendment: The Constitution (Ninth Amendment) Act 1989 was passed in July 1989. This amendment provided for the direct election of the Vice-President; it restricted a person in holding the office of the President for two consecutive terms of five years each; and it provided that a Vice-President might be appointed in case of a vacancy in the office of President, but that such an appointment must be approved by the Jatiya Sangsad.

Tenth Amendment:The Tenth Amendment Act was enacted on 12 June 1990. Amongst other things, it amended Article 65 of the Constitution, providing for the reservation of thirty seats in the Jatiya Sangsad exclusively for women members. The reservation was to last for 10 years, with the members holding the reserved seats to be elected by the members of the Sangsad.

Eleventh Amendment:The Eleventh Amendment Act was passed on 6 August 1991. It amended the Fourth Schedule to the Constitution by adding a new paragraph 21, validating the appointment and oath as Vice President of [[Shahabuddin Ahmed]] ([[Chief Justice of Bangladesh]]), and the resignation tendered to him on 6 December 1990 by the then President [[Hussain Muhammad Ershad|Hussain M Ershad]]. This Act ratified, confirmed and validated all powers exercised, all laws and ordinances promulgated, all orders made and acts and things done, and actions and proceedings taken by the Vice President as acting President from 6 December 1990 to 9 October 1991 (when [[Abdur Rahman Biswas]] became President following his election). The Act also confirmed and made possible the return of Vice President Shahabuddin Ahmed to his previous office as Chief Justice of Bangladesh.

Twelfth Amendment: The Twelfth Amendment Act, passed on 6 August 1991 and approved by [[Bangladeshi constitutional referendum, 1991|referendum]] in September, brought about a fundamental change to Bangladesh's constitutional arrangements. It amended Articles 48, 55, 56, 57, 58, 59, 60, 70, 72, 109, 119, 124, 141A, and 142 of the Constitution with the following results:
*the parliamentary form of government was re-introduced;
*the President became the constitutional head of the state;
*the Prime Minister became the head of the executive;
*the Cabinet headed by the Prime Minister became responsible to the Jatiya Sangsad;
*the position of Vice President was abolished;
*the office of President now became elected by the members of the Jatiya Sangsad.
Through the amendment of Article 59 this amendment also ensured the participation of the people's representatives in local government bodies, thus stabilising the base of democracy in the country.

Thirteenth Amendment: The Constitution (Thirteenth Amendment) Act 1996 was passed on 26 March 1996. It provided for a non-party caretaker government which, acting as an interim government, would give all possible aid and assistance to the Election Commission for holding the general election of members of the Jatiya Sangsad peacefully, fairly and impartially. The non-party caretaker government, comprising the Chief Adviser and not more than 10 other advisers, would be collectively responsible to the president and would stand dissolved on the date on which the Prime Minister entered upon his office after the constitution of the new Sangsad.<ref>{{cite web|author=Prof. Sirajul Islam |url=http://www.banglapedia.org/httpdocs/HT/C_0336.HTM |title=Constitutional Amendments |publisher=Banglapedia |date= |accessdate=2012-05-28}}</ref>

Fourteenth Amendment: The Constitution (Fourteenth Amendment) Act, 2004 was passed on 16 May 2004. This amendment amended several articles of the Constitution:
*a new Article 4A was inserted, for the preservation and display of the portraits of the President and the Prime Minister;
*clause (3) of Article 65 was amended regarding the seats reserved exclusively for women members in the Parliament;
*Articles 96 (1), 129, and 139 were amended to raise the retirement age of the Judges of the Supreme Court, the Auditor General, and the Chairman and other members of the Public Service Commission (PSC); and
*Article 148 was amended, to provide for the administration of the oath to newly-elected members of Parliament by the Chief Election Commissioner.

===Fifth Amendment almost repealed===
Secularism in Bangladesh as prescribed in the constitution was never allowed to be practiced in during Sheikh Mujibur Rahman's Awami League government. Under secularism Bangladesh suffered socially, culturally and politically. After November 1975 to 1977, when Bangladesh was under [[martial law]], [[President of Bangladesh|President]] and [[Chief Martial Law Administrator]] Lieutenant General [[Ziaur Rahman]] passed a presidential decree that removed the principle of secularism from the preamble of the constitution and set in ''"absolute trust and faith in the Almighty Allah"''. The decree was later legitimized by the second parliament of Bangladesh.

In January, 2010, the [[Bangladesh Supreme Court]] observed that parliament does not possess any authority to suspend the constitution and proclaim martial law and hence, it cannot legitimize actions of martial law regimes. The judgment paved way for restoring the original four fundamental principles declared in the preamble of the constitution, including secularity.<ref>{{cite web|url=http://www.thedailystar.net/newDesign/latest_news.php?nid=21972 |title=SC dismisses pleas against 5th amendment verdict |publisher=Thedailystar.net |date=2010-02-02 |accessdate=2012-05-28}}</ref><ref>{{cite web|url=http://www.thedailystar.net/newDesign/latest_news.php?nid=21979 |title=SC order restores principles of ’72 Constitution: Shafique |publisher=Thedailystar.net |date=2010-02-02 |accessdate=2012-05-28}}</ref>

The Supreme Court followed with a July 2010 ruling scrapping provisions which allowed political parties with a manifesto based on faith doctrine to flourish after 1979. The ruling is expected to pave the way for a return to complete secularism in Bangladeshi law.<ref>{{cite web|url=http://www.google.com/hostednews/afp/article/ALeqM5h_5T_bgbToWaGqK2gxXACMFuySog |title=AFP: Bangladesh court bans religion in politics |publisher=Google.com |date=2010-07-29 |accessdate=2012-05-28}}</ref>

==References==
<references/>

==External links==
*[http://www.parliament.gov.bd/Constitution_English/index.htm Full text of the constitution] on ''Bangladesh Parliament''′s website
{{National symbols of Bangladesh}}
{{Asia topic|Constitution of}}

[[Category:Government of Bangladesh]]
[[Category:Constitutions by country|Bangladesh]]

[[bn:বাংলাদেশের সংবিধান]]
[[fr:Constitution du Bangladesh]]
[[id:Konstitusi Bangladesh]]

Benutzer:Shi Annan/Verfassung von Bangladesch

2012-12-24T01:12:55Z

111.221.0.2: brought the wording more in line with the constitution's text. i.e. there aren't any "fundamental duties" for citizens, but there are many "fundamental human rights and freedoms"

{{Politics of Bangladesh}}
The '''Constitution of Bangladesh''' ({{lang-bn|বাংলাদেশের সংবিধান}} ''Bangladesh Shongbidhan'') is the [[constitution|supreme law]] of [[Bangladesh]]. It proclaims Bangladesh as a secular democratic republic where sovereignty belongs to the people;<ref>{{cite web|url=http://www.bdnews24.com/details.php?cid=2&id=175271&hb=4 |title=HC rules Bangladesh secular | Bangladesh |publisher=bdnews24.com |date= |accessdate=2012-05-28}}</ref>, declares the numerous fundamental rights and freedoms of Bangladeshi citizens, spells out the fundamental principles of state policy, and establishes the structure and functions of the executive, legislative and judicial branches of the republic. 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 [[Bangladesh Liberation War|Liberation War]]. The constitution proclaims [[nationalism]], [[democracy]], [[socialism]] and [[secularity]] as the national ideals of the Bangladeshi republic. When adopted in 1972, it was one of the most liberal constitutions of the time.<ref>{{cite web|url=http://www.thedailystar.net/newDesign/news-details.php?nid=124641 |title=Govt happy |publisher=Thedailystar.net |date=2010-02-03 |accessdate=2012-05-28}}</ref><ref>{{cite web|url=http://www.thedailystar.net/newDesign/news-details.php?nid=124640 |title=Constitution to get back on '72 track |publisher=Thedailystar.net |date=2010-02-03 |accessdate=2012-05-28}}</ref><ref>{{cite web|url=http://www.pmo.gov.bd/pmolib/constitution/ |title=Index of /pmolib/constitution |publisher=Pmo.gov.bd |date=2009-06-14 |accessdate=2012-05-28}}</ref>

== Preamble ==

The preamble to the Constitution of Bangladesh is the introductory statement that sets out the guiding purpose and principles of the document. The preamble is not an integral part of the constitution in the sense that it is enforceable in a court of law.

===Full text===

{{quotation|We, the people of Bangladesh, having proclaimed our Independence on the 26th day of March, 1971 and through a historic struggle for national liberation, established the independent, sovereign People's Republic of Bangladesh;

Pledging that the high ideals of nationalism, democracy, socialism and secularity, which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in the struggle for national liberation, shall be fundamental principles of the Constitution;

Further pledging that it shall be a fundamental aim of the State to realise through the democratic process, a socialist society free from exploitation, a society in which the rule of law, fundamental human rights and freedoms, equality and justice, political, economic and social, will be secured for all citizens;

Affirming that it is our sacred duty to safeguard, protect and defend this Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh so that we may prosper in freedom and may make our full contribution towards international peace and co-operation in keeping with the progressive aspirations of mankind;

In our Constituent Assembly, this eighteenth day of Kartick, 1379 B.S corresponding to the fourth day of November, 1972 A.D., do hereby adopt, enact and give to ourselves this Constitution.}}

==Organs of the state==
As per the constitution of the republic it comprises three basic organs:
# Legislative Branch
# Executive Branch
# Judicial Branch

==Articles==


The constitution of Bangladesh is divided into 11 parts, which are further subdivided into 153 articles. In addition, there are 7 schedules.

===Part I: The Republic===
This section defines the nature of the country, its state religion and other national issues. According to it, Peoples Republic of Bangladesh is a unitary republic consisting of the territories of the former [[East Pakistan]] and also included territories (some enclaves exchanged with [[India]]). The state religion is [[Islam]], but all other religions can be practised in peace and harmony. The state language is [[Bengali language|Bengali]] and the national anthem is the first ten line of the song [[Amar Sonar Bangla]]. The national flag is a red circle on a green background. The national emblem is the national flower [[Shapla]] (nympoea-nouchali) resting on water, having on each side and ear of paddy and being surmounted by three connected leaves of jute with two stars on each side of the leaves. This section also mandates that the portrait of prime minister must be displayed in all government, semi-government and autonomous offices. The capital of the country is [[Dhaka]]. The citizens are to be known as [[Bangladesh]]is.

Finally Part I asserts that all power belong to the people and the constitution, being the supreme law of the country, will supersede any other laws and regulations.

===Part II: Fundamental principles of state policy===
This part describes the fundamental principles. The original 1972 constitution had 4 basic principles: [[Secularity]], [[Nationalism]], [[Democracy]] and [[Socialism]] (meaning economic and social justice for all). However, later amendments replaced [[Secularity]] with "Absolute trust and faith in the Almighty Allah shall be the basis of all actions."<ref>{{cite web |title=Constitution of Bangladesh: Part II: Fundamental Principles of State Policy |work=Chief Adviser's Office |publisher=Prime Minister's Office. Government of the People's Republic of Bangladesh |url=http://www.pmo.gov.bd/pmolib/constitution/part2.htm#P2 }}</ref>

Part II's article 9, 10, and 11 declares the rights of the people. Article 9 provides guidelines for quotas for the underrepresented communities, women, and peasants. Article 10 states the equal rights of women. Article 11 states that Bangladesh would be a democracy, with guaranteed human rights. Article 13, 14, 15, and 16 deal with principal of ownership, emancipation of workers and peasants, provision of basic necessities, and rural development. Article 17 states that the basic education will be free and compulsory for all children until the age of 18. The remaining articles (18-25) provide various guarantees for public health and morality, equality of opportunity, work as a right and duty, duties of citizens and of public servants, separation of Judiciary from the executive, national culture, national monuments, and promotion of international peace, security and solidarity, respectively.

==Amendments==
{{As of|2011}} the Constitution of the People's Republic of Bangladesh has been amended 15 times.

Summary of amendments:
First Amendment: The Constitution (First Amendment) Act 1973 was passed on 15 July 1973. It amended Article 47 of the Constitution by inserting an additional clause which allowed prosecution and punishment of any person accused of 'genocide, crimes against humanity or war crimes and other crimes under international law'. A new Article 47A was also inserted, making certain fundamental rights inapplicabile in those cases.

Second Amendment:The Constitution (Second Amendment) Act 1973 was passed on 22 September 1973. This act:
amended Articles 26, 63, 72 and 142 of the Constitution;
replaced Article 33; and
inserted a new part (Part IXA).
Provision was made through this amendment for the suspension of certain fundamental rights of citizens during an emergency.

Third Amendment: The Constitution (Third Amendment) Act 1974 was enacted on 28 November 1974. This amendment altered Article 2 of the Constitution to give effect to an agreement between Bangladesh and India for the exchange of certain enclaves, and the fixing of boundary lines between the two countries.

Fourth Amendment: The Constitution (Fourth Amendment) Act 1975 was passed on 25 January 1975. Major changes were brought into the Constitution by this amendment:
*a presidential form of government was introduced in place of the parliamentary system;
*a one-party system was introduced in place of a multiparty system;
*the powers of the Jatiya Sangsad were curtailed;
*the term of the first Jatiya Sangsad was extended;
*the judiciary lost much of its independence; and
*the Supreme Court was deprived of its jurisdiction over the protection and enforcement of fundamental rights.
This Act:
* 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;
* replaced Articles 44, 70, 102, 115 and 124;
* repealed Part III of the Constitution;
* altered the Third and Fourth Schedules;
* inserted a new part (Part VIA); and
* inserted new articles 73A and 116A.

Fifth Amendment: The Fifth Amendment Act was passed by the Jatiya Sangsad on 6 April 1979. This Act amended the Fourth Schedule to the Constitution by inserting a new paragraph 18. The effect of the amendment was that all amendments or repeals made in the Constitution from 15 August 1975 to 9 April 1979 (inclusive) by any proclamation or Proclamation Order of the Martial Law Authorities were deemed to have been validly made, and could not be called into question before any court or tribunal or other authority. (See also the Seventh Amendment.)

Sixth Amendment: The Sixth Amendment Act was enacted by the Jatiya Sangsad; it amended Articles 51 and 66 of the Constitution.

Seventh Amendment: The Seventh Amendment Act was passed on 11 November 1986. It amended Article 96 of the Constitution; it also amended the Fourth Schedule to the Constitution by inserting a new paragraph 19, which amongst other things provided that all proclamations, proclamation orders, Chief Martial Law Administrator's Orders, Martial Law Regulations, Martial Law Orders, Martial Law Instructions, ordinances and other laws made from 24 March 1982 to 11 November 1986 (inclusive) had been validly made, and could not be called into question before any court or tribunal or other authority. (See also the Fifth Amendment.)

Eighth Amendment: The Eighth Amendment Act was passed on 7 June 1988. It amended Articles 2, 3, 5, 30, and 100 of the Constitution. This Amendment:
*declared [[Islam]] as the [[state religion]];
*decentralised the judiciary by setting up six permanent benches of the High Court Division outside Dhaka;
*substituted the spelling 'Bengali' with 'Bangla', and 'Dacca' with 'Dhaka', in Article 5 of the Constitution;
*amended Article 30 of the Constitution by prohibiting the acceptance of any title, honours, award, or decoration from any foreign state by any citizen of Bangladesh without the prior approval of the president.
The amendment of Article 100 was subsequently declared invalid by the Supreme Court, as it altered the basic structure of the constitution.

Ninth Amendment: The Constitution (Ninth Amendment) Act 1989 was passed in July 1989. This amendment provided for the direct election of the Vice-President; it restricted a person in holding the office of the President for two consecutive terms of five years each; and it provided that a Vice-President might be appointed in case of a vacancy in the office of President, but that such an appointment must be approved by the Jatiya Sangsad.

Tenth Amendment:The Tenth Amendment Act was enacted on 12 June 1990. Amongst other things, it amended Article 65 of the Constitution, providing for the reservation of thirty seats in the Jatiya Sangsad exclusively for women members. The reservation was to last for 10 years, with the members holding the reserved seats to be elected by the members of the Sangsad.

Eleventh Amendment:The Eleventh Amendment Act was passed on 6 August 1991. It amended the Fourth Schedule to the Constitution by adding a new paragraph 21, validating the appointment and oath as Vice President of [[Shahabuddin Ahmed]] ([[Chief Justice of Bangladesh]]), and the resignation tendered to him on 6 December 1990 by the then President [[Hussain Muhammad Ershad|Hussain M Ershad]]. This Act ratified, confirmed and validated all powers exercised, all laws and ordinances promulgated, all orders made and acts and things done, and actions and proceedings taken by the Vice President as acting President from 6 December 1990 to 9 October 1991 (when [[Abdur Rahman Biswas]] became President following his election). The Act also confirmed and made possible the return of Vice President Shahabuddin Ahmed to his previous office as Chief Justice of Bangladesh.

Twelfth Amendment: The Twelfth Amendment Act, passed on 6 August 1991 and approved by [[Bangladeshi constitutional referendum, 1991|referendum]] in September, brought about a fundamental change to Bangladesh's constitutional arrangements. It amended Articles 48, 55, 56, 57, 58, 59, 60, 70, 72, 109, 119, 124, 141A, and 142 of the Constitution with the following results:
*the parliamentary form of government was re-introduced;
*the President became the constitutional head of the state;
*the Prime Minister became the head of the executive;
*the Cabinet headed by the Prime Minister became responsible to the Jatiya Sangsad;
*the position of Vice President was abolished;
*the office of President now became elected by the members of the Jatiya Sangsad.
Through the amendment of Article 59 this amendment also ensured the participation of the people's representatives in local government bodies, thus stabilising the base of democracy in the country.

Thirteenth Amendment: The Constitution (Thirteenth Amendment) Act 1996 was passed on 26 March 1996. It provided for a non-party caretaker government which, acting as an interim government, would give all possible aid and assistance to the Election Commission for holding the general election of members of the Jatiya Sangsad peacefully, fairly and impartially. The non-party caretaker government, comprising the Chief Adviser and not more than 10 other advisers, would be collectively responsible to the president and would stand dissolved on the date on which the Prime Minister entered upon his office after the constitution of the new Sangsad.<ref>{{cite web|author=Prof. Sirajul Islam |url=http://www.banglapedia.org/httpdocs/HT/C_0336.HTM |title=Constitutional Amendments |publisher=Banglapedia |date= |accessdate=2012-05-28}}</ref>

Fourteenth Amendment: The Constitution (Fourteenth Amendment) Act, 2004 was passed on 16 May 2004. This amendment amended several articles of the Constitution:
*a new Article 4A was inserted, for the preservation and display of the portraits of the President and the Prime Minister;
*clause (3) of Article 65 was amended regarding the seats reserved exclusively for women members in the Parliament;
*Articles 96 (1), 129, and 139 were amended to raise the retirement age of the Judges of the Supreme Court, the Auditor General, and the Chairman and other members of the Public Service Commission (PSC); and
*Article 148 was amended, to provide for the administration of the oath to newly-elected members of Parliament by the Chief Election Commissioner.

===Fifth Amendment almost repealed===
Secularism in Bangladesh as prescribed in the constitution was never allowed to be practiced in during Sheikh Mujibur Rahman's Awami League government. Under secularism Bangladesh suffered socially, culturally and politically. After November 1975 to 1977, when Bangladesh was under [[martial law]], [[President of Bangladesh|President]] and [[Chief Martial Law Administrator]] Lieutenant General [[Ziaur Rahman]] passed a presidential decree that removed the principle of secularism from the preamble of the constitution and set in ''"absolute trust and faith in the Almighty Allah"''. The decree was later legitimized by the second parliament of Bangladesh.

In January, 2010, the [[Bangladesh Supreme Court]] observed that parliament does not possess any authority to suspend the constitution and proclaim martial law and hence, it cannot legitimize actions of martial law regimes. The judgment paved way for restoring the original four fundamental principles declared in the preamble of the constitution, including secularity.<ref>{{cite web|url=http://www.thedailystar.net/newDesign/latest_news.php?nid=21972 |title=SC dismisses pleas against 5th amendment verdict |publisher=Thedailystar.net |date=2010-02-02 |accessdate=2012-05-28}}</ref><ref>{{cite web|url=http://www.thedailystar.net/newDesign/latest_news.php?nid=21979 |title=SC order restores principles of ’72 Constitution: Shafique |publisher=Thedailystar.net |date=2010-02-02 |accessdate=2012-05-28}}</ref>

The Supreme Court followed with a July 2010 ruling scrapping provisions which allowed political parties with a manifesto based on faith doctrine to flourish after 1979. The ruling is expected to pave the way for a return to complete secularism in Bangladeshi law.<ref>{{cite web|url=http://www.google.com/hostednews/afp/article/ALeqM5h_5T_bgbToWaGqK2gxXACMFuySog |title=AFP: Bangladesh court bans religion in politics |publisher=Google.com |date=2010-07-29 |accessdate=2012-05-28}}</ref>

==References==
<references/>

==External links==
*[http://www.parliament.gov.bd/Constitution_English/index.htm Full text of the constitution] on ''Bangladesh Parliament''′s website
{{National symbols of Bangladesh}}
{{Asia topic|Constitution of}}

[[Category:Government of Bangladesh]]
[[Category:Constitutions by country|Bangladesh]]

[[bn:বাংলাদেশের সংবিধান]]
[[fr:Constitution du Bangladesh]]
[[id:Konstitusi Bangladesh]]

Benutzer:Shi Annan/Verfassung von Bangladesch

2012-12-24T00:54:05Z

111.221.0.2:

{{Politics of Bangladesh}}
The '''Constitution of Bangladesh''' ({{lang-bn|বাংলাদেশের সংবিধান}} ''Bangladesher Shongbidhan'') is the supreme and basic law of the People's Republic of Bangladesh. It was adopted by a [[constituent assembly]] in 1972, a year after [[East Pakistan]] seceded from the [[Islamic Republic of Pakistan]] to become the sovereign nation-state of Bangladesh. The Constitution proclaims a [[democratic]], [[secular]], [[social democracy|social]], [[unitary]], [[constitutional republic]]. It declares numerous fundamental human rights and freedoms for the citizens of Bangladesh, lays out the fundamental principles of state policy, and establishes the structure and functions of the executive, judicial and legislative branches of the republic.<ref>http://bdlaws.minlaw.gov.bd/pdf_part.php?id=367</ref>

== Preamble ==

The preamble to the Constitution of Bangladesh is the introductory statement that sets out the guiding purpose and principles of the document. The preamble is not an integral part of the constitution in the sense that it is enforceable in a court of law.

===Full text===

{{quotation|We, the people of Bangladesh, having proclaimed our Independence on the 26th day of March, 1971 and through a historic struggle for national liberation, established the independent, sovereign People's Republic of Bangladesh;

Pledging that the high ideals of nationalism, democracy, socialism and secularity, which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in the struggle for national liberation, shall be fundamental principles of the Constitution;

Further pledging that it shall be a fundamental aim of the State to realise through the democratic process, a socialist society free from exploitation, a society in which the rule of law, fundamental human rights and freedoms, equality and justice, political, economic and social, will be secured for all citizens;

Affirming that it is our sacred duty to safeguard, protect and defend this Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh so that we may prosper in freedom and may make our full contribution towards international peace and co-operation in keeping with the progressive aspirations of mankind;

In our Constituent Assembly, this eighteenth day of Kartick, 1379 B.S corresponding to the fourth day of November, 1972 A.D., do hereby adopt, enact and give to ourselves this Constitution.}}

==Organs of the state==
As per the constitution of the republic it comprises three basic organs:
# Legislative Branch
# Executive Branch
# Judicial Branch

==Articles==


The constitution of Bangladesh is divided into 11 parts, which are further subdivided into 153 articles. In addition, there are 7 schedules.

===Part I: The Republic===
This section defines the nature of the country, its state religion and other national issues. According to it, Peoples Republic of Bangladesh is a unitary republic consisting of the territories of the former [[East Pakistan]] and also included territories (some enclaves exchanged with [[India]]). The state religion is [[Islam]], but all other religions can be practised in peace and harmony. The state language is [[Bengali language|Bengali]] and the national anthem is the first ten line of the song [[Amar Sonar Bangla]]. The national flag is a red circle on a green background. The national emblem is the national flower [[Shapla]] (nympoea-nouchali) resting on water, having on each side and ear of paddy and being surmounted by three connected leaves of jute with two stars on each side of the leaves. This section also mandates that the portrait of prime minister must be displayed in all government, semi-government and autonomous offices. The capital of the country is [[Dhaka]]. The citizens are to be known as [[Bangladesh]]is.

Finally Part I asserts that all power belong to the people and the constitution, being the supreme law of the country, will supersede any other laws and regulations.

===Part II: Fundamental principles of state policy===
This part describes the fundamental principles. The original 1972 constitution had 4 basic principles: [[Secularity]], [[Nationalism]], [[Democracy]] and [[Socialism]] (meaning economic and social justice for all). However, later amendments replaced [[Secularity]] with "Absolute trust and faith in the Almighty Allah shall be the basis of all actions."<ref>{{cite web |title=Constitution of Bangladesh: Part II: Fundamental Principles of State Policy |work=Chief Adviser's Office |publisher=Prime Minister's Office. Government of the People's Republic of Bangladesh |url=http://www.pmo.gov.bd/pmolib/constitution/part2.htm#P2 }}</ref>

Part II's article 9, 10, and 11 declares the rights of the people. Article 9 provides guidelines for quotas for the underrepresented communities, women, and peasants. Article 10 states the equal rights of women. Article 11 states that Bangladesh would be a democracy, with guaranteed human rights. Article 13, 14, 15, and 16 deal with principal of ownership, emancipation of workers and peasants, provision of basic necessities, and rural development. Article 17 states that the basic education will be free and compulsory for all children until the age of 18. The remaining articles (18-25) provide various guarantees for public health and morality, equality of opportunity, work as a right and duty, duties of citizens and of public servants, separation of Judiciary from the executive, national culture, national monuments, and promotion of international peace, security and solidarity, respectively.

==Amendments==
{{As of|2011}} the Constitution of the People's Republic of Bangladesh has been amended 15 times.

Summary of amendments:
First Amendment: The Constitution (First Amendment) Act 1973 was passed on 15 July 1973. It amended Article 47 of the Constitution by inserting an additional clause which allowed prosecution and punishment of any person accused of 'genocide, crimes against humanity or war crimes and other crimes under international law'. A new Article 47A was also inserted, making certain fundamental rights inapplicabile in those cases.

Second Amendment:The Constitution (Second Amendment) Act 1973 was passed on 22 September 1973. This act:
amended Articles 26, 63, 72 and 142 of the Constitution;
replaced Article 33; and
inserted a new part (Part IXA).
Provision was made through this amendment for the suspension of certain fundamental rights of citizens during an emergency.

Third Amendment: The Constitution (Third Amendment) Act 1974 was enacted on 28 November 1974. This amendment altered Article 2 of the Constitution to give effect to an agreement between Bangladesh and India for the exchange of certain enclaves, and the fixing of boundary lines between the two countries.

Fourth Amendment: The Constitution (Fourth Amendment) Act 1975 was passed on 25 January 1975. Major changes were brought into the Constitution by this amendment:
*a presidential form of government was introduced in place of the parliamentary system;
*a one-party system was introduced in place of a multiparty system;
*the powers of the Jatiya Sangsad were curtailed;
*the term of the first Jatiya Sangsad was extended;
*the judiciary lost much of its independence; and
*the Supreme Court was deprived of its jurisdiction over the protection and enforcement of fundamental rights.
This Act:
* 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;
* replaced Articles 44, 70, 102, 115 and 124;
* repealed Part III of the Constitution;
* altered the Third and Fourth Schedules;
* inserted a new part (Part VIA); and
* inserted new articles 73A and 116A.

Fifth Amendment: The Fifth Amendment Act was passed by the Jatiya Sangsad on 6 April 1979. This Act amended the Fourth Schedule to the Constitution by inserting a new paragraph 18. The effect of the amendment was that all amendments or repeals made in the Constitution from 15 August 1975 to 9 April 1979 (inclusive) by any proclamation or Proclamation Order of the Martial Law Authorities were deemed to have been validly made, and could not be called into question before any court or tribunal or other authority. (See also the Seventh Amendment.)

Sixth Amendment: The Sixth Amendment Act was enacted by the Jatiya Sangsad; it amended Articles 51 and 66 of the Constitution.

Seventh Amendment: The Seventh Amendment Act was passed on 11 November 1986. It amended Article 96 of the Constitution; it also amended the Fourth Schedule to the Constitution by inserting a new paragraph 19, which amongst other things provided that all proclamations, proclamation orders, Chief Martial Law Administrator's Orders, Martial Law Regulations, Martial Law Orders, Martial Law Instructions, ordinances and other laws made from 24 March 1982 to 11 November 1986 (inclusive) had been validly made, and could not be called into question before any court or tribunal or other authority. (See also the Fifth Amendment.)

Eighth Amendment: The Eighth Amendment Act was passed on 7 June 1988. It amended Articles 2, 3, 5, 30, and 100 of the Constitution. This Amendment:
*declared [[Islam]] as the [[state religion]];
*decentralised the judiciary by setting up six permanent benches of the High Court Division outside Dhaka;
*substituted the spelling 'Bengali' with 'Bangla', and 'Dacca' with 'Dhaka', in Article 5 of the Constitution;
*amended Article 30 of the Constitution by prohibiting the acceptance of any title, honours, award, or decoration from any foreign state by any citizen of Bangladesh without the prior approval of the president.
The amendment of Article 100 was subsequently declared invalid by the Supreme Court, as it altered the basic structure of the constitution.

Ninth Amendment: The Constitution (Ninth Amendment) Act 1989 was passed in July 1989. This amendment provided for the direct election of the Vice-President; it restricted a person in holding the office of the President for two consecutive terms of five years each; and it provided that a Vice-President might be appointed in case of a vacancy in the office of President, but that such an appointment must be approved by the Jatiya Sangsad.

Tenth Amendment:The Tenth Amendment Act was enacted on 12 June 1990. Amongst other things, it amended Article 65 of the Constitution, providing for the reservation of thirty seats in the Jatiya Sangsad exclusively for women members. The reservation was to last for 10 years, with the members holding the reserved seats to be elected by the members of the Sangsad.

Eleventh Amendment:The Eleventh Amendment Act was passed on 6 August 1991. It amended the Fourth Schedule to the Constitution by adding a new paragraph 21, validating the appointment and oath as Vice President of [[Shahabuddin Ahmed]] ([[Chief Justice of Bangladesh]]), and the resignation tendered to him on 6 December 1990 by the then President [[Hussain Muhammad Ershad|Hussain M Ershad]]. This Act ratified, confirmed and validated all powers exercised, all laws and ordinances promulgated, all orders made and acts and things done, and actions and proceedings taken by the Vice President as acting President from 6 December 1990 to 9 October 1991 (when [[Abdur Rahman Biswas]] became President following his election). The Act also confirmed and made possible the return of Vice President Shahabuddin Ahmed to his previous office as Chief Justice of Bangladesh.

Twelfth Amendment: The Twelfth Amendment Act, passed on 6 August 1991 and approved by [[Bangladeshi constitutional referendum, 1991|referendum]] in September, brought about a fundamental change to Bangladesh's constitutional arrangements. It amended Articles 48, 55, 56, 57, 58, 59, 60, 70, 72, 109, 119, 124, 141A, and 142 of the Constitution with the following results:
*the parliamentary form of government was re-introduced;
*the President became the constitutional head of the state;
*the Prime Minister became the head of the executive;
*the Cabinet headed by the Prime Minister became responsible to the Jatiya Sangsad;
*the position of Vice President was abolished;
*the office of President now became elected by the members of the Jatiya Sangsad.
Through the amendment of Article 59 this amendment also ensured the participation of the people's representatives in local government bodies, thus stabilising the base of democracy in the country.

Thirteenth Amendment: The Constitution (Thirteenth Amendment) Act 1996 was passed on 26 March 1996. It provided for a non-party caretaker government which, acting as an interim government, would give all possible aid and assistance to the Election Commission for holding the general election of members of the Jatiya Sangsad peacefully, fairly and impartially. The non-party caretaker government, comprising the Chief Adviser and not more than 10 other advisers, would be collectively responsible to the president and would stand dissolved on the date on which the Prime Minister entered upon his office after the constitution of the new Sangsad.<ref>{{cite web|author=Prof. Sirajul Islam |url=http://www.banglapedia.org/httpdocs/HT/C_0336.HTM |title=Constitutional Amendments |publisher=Banglapedia |date= |accessdate=2012-05-28}}</ref>

Fourteenth Amendment: The Constitution (Fourteenth Amendment) Act, 2004 was passed on 16 May 2004. This amendment amended several articles of the Constitution:
*a new Article 4A was inserted, for the preservation and display of the portraits of the President and the Prime Minister;
*clause (3) of Article 65 was amended regarding the seats reserved exclusively for women members in the Parliament;
*Articles 96 (1), 129, and 139 were amended to raise the retirement age of the Judges of the Supreme Court, the Auditor General, and the Chairman and other members of the Public Service Commission (PSC); and
*Article 148 was amended, to provide for the administration of the oath to newly-elected members of Parliament by the Chief Election Commissioner.

===Fifth Amendment almost repealed===
Secularism in Bangladesh as prescribed in the constitution was never allowed to be practiced in during Sheikh Mujibur Rahman's Awami League government. Under secularism Bangladesh suffered socially, culturally and politically. After November 1975 to 1977, when Bangladesh was under [[martial law]], [[President of Bangladesh|President]] and [[Chief Martial Law Administrator]] Lieutenant General [[Ziaur Rahman]] passed a presidential decree that removed the principle of secularism from the preamble of the constitution and set in ''"absolute trust and faith in the Almighty Allah"''. The decree was later legitimized by the second parliament of Bangladesh.

In January, 2010, the [[Bangladesh Supreme Court]] observed that parliament does not possess any authority to suspend the constitution and proclaim martial law and hence, it cannot legitimize actions of martial law regimes. The judgment paved way for restoring the original four fundamental principles declared in the preamble of the constitution, including secularity.<ref>{{cite web|url=http://www.thedailystar.net/newDesign/latest_news.php?nid=21972 |title=SC dismisses pleas against 5th amendment verdict |publisher=Thedailystar.net |date=2010-02-02 |accessdate=2012-05-28}}</ref><ref>{{cite web|url=http://www.thedailystar.net/newDesign/latest_news.php?nid=21979 |title=SC order restores principles of ’72 Constitution: Shafique |publisher=Thedailystar.net |date=2010-02-02 |accessdate=2012-05-28}}</ref>

The Supreme Court followed with a July 2010 ruling scrapping provisions which allowed political parties with a manifesto based on faith doctrine to flourish after 1979. The ruling is expected to pave the way for a return to complete secularism in Bangladeshi law.<ref>{{cite web|url=http://www.google.com/hostednews/afp/article/ALeqM5h_5T_bgbToWaGqK2gxXACMFuySog |title=AFP: Bangladesh court bans religion in politics |publisher=Google.com |date=2010-07-29 |accessdate=2012-05-28}}</ref>

==References==
<references/>

==External links==
*[http://www.parliament.gov.bd/Constitution_English/index.htm Full text of the constitution] on ''Bangladesh Parliament''′s website
{{National symbols of Bangladesh}}
{{Asia topic|Constitution of}}

[[Category:Government of Bangladesh]]
[[Category:Constitutions by country|Bangladesh]]

[[bn:বাংলাদেশের সংবিধান]]
[[fr:Constitution du Bangladesh]]
[[id:Konstitusi Bangladesh]]

Benutzer:Shi Annan/Verfassung von Bangladesch

2012-10-12T15:08:24Z

111.221.0.2: it was signed into law on Victory Day 1972

{{Politics of Bangladesh}}
The '''Constitution of Bangladesh''' ({{lang-bn|বাংলাদেশের সংবিধান}} ''Bangladesh Shongbidhan'') is the [[constitution|supreme law]] of [[Bangladesh]]. It declares Bangladesh as a secular democratic republic where sovereignty belongs to the people;<ref>{{cite web|url=http://www.bdnews24.com/details.php?cid=2&id=175271&hb=4 |title=HC rules Bangladesh secular | Bangladesh |publisher=bdnews24.com |date= |accessdate=2012-05-28}}</ref> 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 [[Bangladesh Liberation War|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.<ref>{{cite web|url=http://www.thedailystar.net/newDesign/news-details.php?nid=124641 |title=Govt happy |publisher=Thedailystar.net |date=2010-02-03 |accessdate=2012-05-28}}</ref><ref>{{cite web|url=http://www.thedailystar.net/newDesign/news-details.php?nid=124640 |title=Constitution to get back on '72 track |publisher=Thedailystar.net |date=2010-02-03 |accessdate=2012-05-28}}</ref><ref>{{cite web|url=http://www.pmo.gov.bd/pmolib/constitution/ |title=Index of /pmolib/constitution |publisher=Pmo.gov.bd |date=2009-06-14 |accessdate=2012-05-28}}</ref>

== Preamble ==

The preamble to the Constitution of Bangladesh is the introductory statement that sets out the guiding purpose and principles of the document. The preamble is not an integral part of the constitution in the sense that it is enforceable in a court of law.

===Full text===

{{quotation|We, the people of Bangladesh, having proclaimed our Independence on the 26th day of March, 1971 and through a historic struggle for national liberation, established the independent, sovereign People's Republic of Bangladesh;

Pledging that the high ideals of nationalism, democracy, socialism and secularity, which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in the struggle for national liberation, shall be fundamental principles of the Constitution;

Further pledging that it shall be a fundamental aim of the State to realise through the democratic process, a socialist society free from exploitation, a society in which the rule of law, fundamental human rights and freedoms, equality and justice, political, economic and social, will be secured for all citizens;

Affirming that it is our sacred duty to safeguard, protect and defend this Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh so that we may prosper in freedom and may make our full contribution towards international peace and co-operation in keeping with the progressive aspirations of mankind;

In our Constituent Assembly, this eighteenth day of Kartick, 1379 B.S corresponding to the fourth day of November, 1972 A.D., do hereby adopt, enact and give to ourselves this Constitution.}}

==Organs of the state==
As per the constitution of the republic it comprises three basic organs:
# Legislative Branch
# Executive Branch
# Judicial Branch

==Articles==


The constitution of Bangladesh is divided into 11 parts, which are further subdivided into 153 articles. In addition, there are 4 schedules.

===Part I: The Republic===
This section defines the nature of the country, its state religion and other national issues. According to it, Peoples Republic of Bangladesh is a unitary republic consisting of the territories of the former [[East Pakistan]] and also included territories (some enclaves exchanged with [[India]]). The state religion is [[Islam]], but all other religions can be practised in peace and harmony. The state language is [[Bengali language|Bengali]] and the national anthem is the first ten line of the song [[Amar Sonar Bangla]]. The national flag is a red circle on a green background. The national emblem is the national flower [[Shapla]] (nympoea-nouchali) resting on water, having on each side and ear of paddy and being surmounted by three connected leaves of jute with two stars on each side of the leaves. This section also mandates that the portrait of prime minister must be displayed in all government, semi-government and autonomous offices. The capital of the country is [[Dhaka]]. The citizens are to be known as [[Bangladesh]]is.

Finally Part I asserts that all power belong to the people and the constitution, being the supreme law of the country, will supersede any other laws and regulations.

===Part II: Fundamental principles of state policy===
This part describes the fundamental principles. The original 1972 constitution had 4 basic principles: [[Secularity]], [[Nationalism]], [[Democracy]] and [[Socialism]] (meaning economic and social justice for all). However, later amendments replaced [[Secularity]] with "Absolute trust and faith in the Almighty Allah shall be the basis of all actions."<ref>{{cite web |title=Constitution of Bangladesh: Part II: Fundamental Principles of State Policy |work=Chief Adviser's Office |publisher=Prime Minister's Office. Government of the People's Republic of Bangladesh |url=http://www.pmo.gov.bd/pmolib/constitution/part2.htm#P2 }}</ref>

Part II's article 9, 10, and 11 declares the rights of the people. Article 9 provides guidelines for quotas for the underrepresented communities, women, and peasants. Article 10 states the equal rights of women. Article 11 states that Bangladesh would be a democracy, with guaranteed human rights. Article 13, 14, 15, and 16 deal with principal of ownership, emancipation of workers and peasants, provision of basic necessities, and rural development. Article 17 states that the basic education will be free and compulsory for all children until the age of 18. The remaining articles (18-25) provide various guarantees for public health and morality, equality of opportunity, work as a right and duty, duties of citizens and of public servants, separation of Judiciary from the executive, national culture, national monuments, and promotion of international peace, security and solidarity, respectively.

==Amendments==
{{As of|2011}} the Constitution of the People's Republic of Bangladesh has been amended 15 times.

Summary of amendments:
First Amendment: The Constitution (First Amendment) Act 1973 was passed on 15 July 1973. It amended Article 47 of the Constitution by inserting an additional clause which allowed prosecution and punishment of any person accused of 'genocide, crimes against humanity or war crimes and other crimes under international law'. A new Article 47A was also inserted, making certain fundamental rights inapplicabile in those cases.

Second Amendment:The Constitution (Second Amendment) Act 1973 was passed on 22 September 1973. This act:
amended Articles 26, 63, 72 and 142 of the Constitution;
replaced Article 33; and
inserted a new part (Part IXA).
Provision was made through this amendment for the suspension of certain fundamental rights of citizens during an emergency.

Third Amendment: The Constitution (Third Amendment) Act 1974 was enacted on 28 November 1974. This amendment altered Article 2 of the Constitution to give effect to an agreement between Bangladesh and India for the exchange of certain enclaves, and the fixing of boundary lines between the two countries.

Fourth Amendment: The Constitution (Fourth Amendment) Act 1975 was passed on 25 January 1975. Major changes were brought into the Constitution by this amendment:
*a presidential form of government was introduced in place of the parliamentary system;
*a one-party system was introduced in place of a multiparty system;
*the powers of the Jatiya Sangsad were curtailed;
*the term of the first Jatiya Sangsad was extended;
*the judiciary lost much of its independence; and
*the Supreme Court was deprived of its jurisdiction over the protection and enforcement of fundamental rights.
This Act:
* 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;
* replaced Articles 44, 70, 102, 115 and 124;
* repealed Part III of the Constitution;
* altered the Third and Fourth Schedules;
* inserted a new part (Part VIA); and
* inserted new articles 73A and 116A.

Fifth Amendment: The Fifth Amendment Act was passed by the Jatiya Sangsad on 6 April 1979. This Act amended the Fourth Schedule to the Constitution by inserting a new paragraph 18. The effect of the amendment was that all amendments or repeals made in the Constitution from 15 August 1975 to 9 April 1979 (inclusive) by any proclamation or Proclamation Order of the Martial Law Authorities were deemed to have been validly made, and could not be called into question before any court or tribunal or other authority. (See also the Seventh Amendment.)

Sixth Amendment: The Sixth Amendment Act was enacted by the Jatiya Sangsad; it amended Articles 51 and 66 of the Constitution.

Seventh Amendment: The Seventh Amendment Act was passed on 11 November 1986. It amended Article 96 of the Constitution; it also amended the Fourth Schedule to the Constitution by inserting a new paragraph 19, which amongst other things provided that all proclamations, proclamation orders, Chief Martial Law Administrator's Orders, Martial Law Regulations, Martial Law Orders, Martial Law Instructions, ordinances and other laws made from 24 March 1982 to 11 November 1986 (inclusive) had been validly made, and could not be called into question before any court or tribunal or other authority. (See also the Fifth Amendment.)

Eighth Amendment: The Eighth Amendment Act was passed on 7 June 1988. It amended Articles 2, 3, 5, 30, and 100 of the Constitution. This Amendment:
*declared [[Islam]] as the [[state religion]];
*decentralised the judiciary by setting up six permanent benches of the High Court Division outside Dhaka;
*substituted the spelling 'Bengali' with 'Bangla', and 'Dacca' with 'Dhaka', in Article 5 of the Constitution;
*amended Article 30 of the Constitution by prohibiting the acceptance of any title, honours, award, or decoration from any foreign state by any citizen of Bangladesh without the prior approval of the president.
The amendment of Article 100 was subsequently declared invalid by the Supreme Court, as it altered the basic structure of the constitution.

Ninth Amendment: The Constitution (Ninth Amendment) Act 1989 was passed in July 1989. This amendment provided for the direct election of the Vice-President; it restricted a person in holding the office of the President for two consecutive terms of five years each; and it provided that a Vice-President might be appointed in case of a vacancy in the office of President, but that such an appointment must be approved by the Jatiya Sangsad.

Tenth Amendment:The Tenth Amendment Act was enacted on 12 June 1990. Amongst other things, it amended Article 65 of the Constitution, providing for the reservation of thirty seats in the Jatiya Sangsad exclusively for women members. The reservation was to last for 10 years, with the members holding the reserved seats to be elected by the members of the Sangsad.

Eleventh Amendment:The Eleventh Amendment Act was passed on 6 August 1991. It amended the Fourth Schedule to the Constitution by adding a new paragraph 21, validating the appointment and oath as Vice President of [[Shahabuddin Ahmed]] ([[Chief Justice of Bangladesh]]), and the resignation tendered to him on 6 December 1990 by the then President [[Hussain Muhammad Ershad|Hussain M Ershad]]. This Act ratified, confirmed and validated all powers exercised, all laws and ordinances promulgated, all orders made and acts and things done, and actions and proceedings taken by the Vice President as acting President from 6 December 1990 to 9 October 1991 (when [[Abdur Rahman Biswas]] became President following his election). The Act also confirmed and made possible the return of Vice President Shahabuddin Ahmed to his previous office as Chief Justice of Bangladesh.

Twelfth Amendment: The Twelfth Amendment Act, passed on 6 August 1991 and approved by [[Bangladeshi constitutional referendum, 1991|referendum]] in September, brought about a fundamental change to Bangladesh's constitutional arrangements. It amended Articles 48, 55, 56, 57, 58, 59, 60, 70, 72, 109, 119, 124, 141A, and 142 of the Constitution with the following results:
*the parliamentary form of government was re-introduced;
*the President became the constitutional head of the state;
*the Prime Minister became the head of the executive;
*the Cabinet headed by the Prime Minister became responsible to the Jatiya Sangsad;
*the position of Vice President was abolished;
*the office of President now became elected by the members of the Jatiya Sangsad.
Through the amendment of Article 59 this amendment also ensured the participation of the people's representatives in local government bodies, thus stabilizing the base of democracy in the country.

Thirteenth Amendment: The Constitution (Thirteenth Amendment) Act 1996 was passed on 26 March 1996. It provided for a non-party caretaker government which, acting as an interim government, would give all possible aid and assistance to the Election Commission for holding the general election of members of the Jatiya Sangsad peacefully, fairly and impartially. The non-party caretaker government, comprising the Chief Adviser and not more than 10 other advisers, would be collectively responsible to the president and would stand dissolved on the date on which the Prime Minister entered upon his office after the constitution of the new Sangsad.<ref>{{cite web|author=Prof. Sirajul Islam |url=http://www.banglapedia.org/httpdocs/HT/C_0336.HTM |title=Constitutional Amendments |publisher=Banglapedia |date= |accessdate=2012-05-28}}</ref>

Fourteenth Amendment: The Constitution (Fourteenth Amendment) Act, 2004 was passed on 16 May 2004. This amendment amended several articles of the Constitution:
*a new Article 4A was inserted, for the preservation and display of the portraits of the President and the Prime Minister;
*clause (3) of Article 65 was amended regarding the seats reserved exclusively for women members in the Parliament;
*Articles 96 (1), 129, and 139 were amended to raise the retirement age of the Judges of the Supreme Court, the Auditor General, and the Chairman and other members of the Public Service Commission (PSC); and
*Article 148 was amended, to provide for the administration of the oath to newly-elected members of Parliament by the Chief Election Commissioner.

===Fifth Amendment almost repealed===
Secularism in Bangladesh as prescribed in the constitution was never allowed to be practiced in during Sheikh Mujibur Rahman's Awami League government. Under secularism Bangladesh suffered socially, culturally and politically. After November 1975 to 1977, when Bangladesh was under [[martial law]], [[President of Bangladesh|President]] and [[Chief Martial Law Administrator]] Lieutenant General [[Ziaur Rahman]] passed a presidential decree that removed the principle of secularism from the preamble of the constitution and set in ''"absolute trust and faith in the Almighty Allah"''. The decree was later legitimized by the second parliament of Bangladesh.

In January, 2010, the [[Bangladesh Supreme Court]] observed that parliament does not possess any authority to suspend the constitution and proclaim martial law and hence, it cannot legitimize actions of martial law regimes. The judgment paved way for restoring the original four fundamental principles declared in the preamble of the constitution, including secularity.<ref>{{cite web|url=http://www.thedailystar.net/newDesign/latest_news.php?nid=21972 |title=SC dismisses pleas against 5th amendment verdict |publisher=Thedailystar.net |date=2010-02-02 |accessdate=2012-05-28}}</ref><ref>{{cite web|url=http://www.thedailystar.net/newDesign/latest_news.php?nid=21979 |title=SC order restores principles of ’72 Constitution: Shafique |publisher=Thedailystar.net |date=2010-02-02 |accessdate=2012-05-28}}</ref>

The Supreme Court followed with a July 2010 ruling scrapping provisions which allowed political parties with a manifesto based on faith doctrine to flourish after 1979. The ruling is expected to pave the way for a return to complete secularism in Bangladeshi law.<ref>{{cite web|url=http://www.google.com/hostednews/afp/article/ALeqM5h_5T_bgbToWaGqK2gxXACMFuySog |title=AFP: Bangladesh court bans religion in politics |publisher=Google.com |date=2010-07-29 |accessdate=2012-05-28}}</ref>

==References==
<references/>

==External links==
*[http://www.parliament.gov.bd/Constitution_English/index.htm Full text of the constitution] on ''Bangladesh Parliament''′s website
{{National symbols of Bangladesh}}
{{Asia topic|Constitution of}}

[[Category:Government of Bangladesh]]
[[Category:Constitutions by country|Bangladesh]]

[[bn:বাংলাদেশের সংবিধান]]
[[fr:Constitution du Bangladesh]]
[[id:Konstitusi Bangladesh]]

Georgetown University

2012-04-29T06:05:39Z

111.221.0.2:

{{Infobox Hochschule
| Name = Georgetown University Georgetown Universität
| Logo = Georgetown seal.png
| Logogrösse = 
| Motto = ''Utraque Unum''<ref>[[Latein|lat.]] ''„beide in einem“''; das Motto ist dem [[Brief des Paulus an die Epheser]] entlehnt ([[Vulgata]], Kap. 2 Vers 14). Gemeint ist die Einheit von Juden- und Heidenchristen. Möglicherweise wurde das Motto durch spanisch-amerikanisches Silbergeld, die [[Columnarios]] inspiriert, die diese Prägung trugen.</ref>
| Gründungsdatum = 1789
| Trägerschaft = Katholische Kirche
| Ort = [[Georgetown (Washington, D.C.)|Georgetown]], [[Vereinigte Staaten|USA]]
| Leitung = [[John J. DeGioia]]
| Leitungstitel = Präsident
| Studentenzahl = 15318
| Mitarbeiterzahl = 3457
| davon Professoren= 1957
| Jahresetat =
| Website = [http://www.georgetown.edu/ georgetown.edu/]
}}

[[Datei:Healy Hall.jpg|thumb|250px|Hauptgebäude der Georgetown University]]
[[Datei:Healy hall georgetown.jpg|thumb|Healy Hall der GU]]
Die '''Georgetown Universität''' in [[Washington, D.C.]] ist die erste und damit älteste römisch-katholische, von [[Jesuiten]] geleitete, Universität in den Vereinigten Staaten von Amerika. Bekannt ist die Elite-Universität vor allem für ihre Fakultäten für Politikwissenschaft/Internationale Beziehungen und Rechtswissenschaft, die zu den besten der USA gehören. Vor allem die School of Foreign Service für Internationale Beziehungen der Georgetown University zählt zu den führenden Einrichtungen ihrer Art weltweit und hat zahlreiche bekannte Alumni hervorgebracht.<ref>http://www.foreignpolicy.com/articles/2012/01/03/top_ten_international_relations_masters_programs</ref> Georgetown ist Mitglied der [[Association of Jesuit Colleges and Universities]]. Georgetown gilt als eine der zentralen Institutionen des politischen Diskurses in den USA.

== Geschichte ==
Georgetown wurde 1789 durch den Jesuitenpater [[John Carroll (Bischof)|John Carroll]] (1735–1815) gegründet. Der erste Student war William Gaston (1778–1844), der 1791 seine Studien in Georgetown begann, wegen Krankheit jedoch sein Studium abbrechen musste. Im Jahr 1814, demselben Jahr, in dem Papst [[Pius VII.]] den Jesuitenorden wieder zugelassen hat, verhalf William Gaston, mittlerweile Congress-Abgeordneter, der Universität zur offiziellen Anerkennung durch den US-Congress in Form einer „federal charter“ (Bundes-Urkunde), die durch den Präsidenten [[James Madison]] am 1. März 1815 unterzeichnet wurde. Im Jahr 1817 wurde den ersten beiden Absolventen der Universität, den New Yorker Brüdern Charles und George Dinnies, der akademische Grad des [[Bachelor|Bachelor of Arts]] verliehen. Im Jahr 1850 wurde das College um die medizinische Fakultät (heute: School of Medicine) erweitert, 20 Jahre später, 1870, kam die juristische Fakultät (heute: Law Center) dazu. Damals wurden Studiengebühren in Höhe von 50 Dollar erhoben. Unter Pater Patrick Healy (1834–1910), dem ersten Afro-Amerikaner, der einen Doktortitel (PhD) erlangte, und der Georgetown von 1874 bis 1882 leitete, erlebte Georgetown seine zweite Blütezeit, und wandelte sich von einem kleinen ''liberal arts college'' zu einer modernen Universität.

Nach dem Ende des [[Sezessionskrieg|amerikanischen Bürgerkriegs]] (1861–1865), in dem die überwältigende Mehrzahl der Studenten und Absolventen von Georgetown auf Seiten der Südstaaten focht, nahm die Universität die Farben blau (Farbe der [[Nordstaaten]], Union) und grau (Farbe der Südstaaten, [[Konföderierte Staaten von Amerika|Konföderation]]) als Symbol der Wiedervereinigung des Landes an.

== Jesuitische und katholische Tradition ==
Georgetown University nahm ihren Ursprung mit [[John Caroll]], einem in Amerika geborenen Jesuiten. Caroll hat einen Großteil seiner Ausbildung in Europa absolviert und ist 1773 als erster Bischof in die Vereinigten Staaten zurückgekehrt. Sein Ziel war es, die Zukunft des amerikanischen [[Katholizismus]] durch Bildung zu stärken; und zwar speziell durch die Gründung einer elitären katholischen Bildungseinrichtung.
Carolls Vision zur Zeit der [[Amerikanische Revolution|Amerikanischen Revolution]] bestand darin, dass eine starke katholische Institution wie die Georgetown University maßgeblich zum politischen, kulturellen und intellektuellen Leben der noch jungen Nation beitragen würde. Er gründete die Universität außerhalb der Siedlung [[Georgetown (Washington, D.C.)|Georgetown]] auf den Uferhöhen des Potomac Rivers. Die sich immer weiter etablierende religiöse Toleranz im noch jungen [[Amerika]] eröffnete Menschen jeder sozialen Schicht und religiösen Grundströmung das Studieren an der Universität. Caroll sah Georgetown als eine strenge akademische katholische Bildungseinrichtung, die maßgeblich geprägt wird durch Studenten unterschiedlicher Herkunft.
Auch heute wird Carolls Vision noch gelebt: Die Georgetown Universität ist international bekannt für ihre Ausrichtung am katholischen Glauben und den jesuitischen Traditionen. Der Verbindung zu Politik, Wirtschaft und Gesellschaft sowie der gelebte religiöse und kulturelle Pluralismus der Universität unterscheiden die Georgetown University von gewöhnlichen nordamerikanischen Hochschulen.<ref name="Georgetown_about_tradition">{{internetquelle|url=http://explore.georgetown.edu/documents/?DocumentID=736|titel=About Georgetown: Georgetown's Catholic and Jesuit Identity|hrsg=Georgetown University|datum=15. Februar 2008|zugriff=22. März 2011|sprache=Englisch}}</ref>

== „The Spirit of Georgetown“ ==
Noch heute soll sich jeder Student einem ethischen Grundsatz verpflichten, der Georgetown als eine traditionell elitäre Einrichtung unterscheidet. Dieser ''Spirit of Georgetown'' greift eine 450 Jahre alte christliche Tradition auf, welche maßgeblich von [[Ignatius von Loyola]], dem Gründer der [[Gesellschaft Jesu]] ''(Societas Jesu)'', inspiriert wurde. Im Einzelnen lauten die Eckpfeilerwie folgt: ''Ad Majorem Dei Gloriam:'' Dieses Motto kennzeichnet den religiösen Zweck der Jesuiten, nämlich eine ausgezeichnete Bildung an Menschen weiterzugeben, die später durch ihre Arbeit in der Welt und der Gesellschaft einen Unterschied zum Besseren machen sollen. Gott soll in ihrer Arbeit allgegenwärtig sein. ''Contemplation in Action:'' Der Glaube an Gott und die Fähigkeit, sein Handeln zu reflektieren, soll das Handeln der Studierenden leiten. ''Academic Excellence:'' Jesuiten waren schon früh für ihre ausgezeichnete Bildung bekannt und gründeten 1547 eine Schule in Messina (Italien), um jungen Männern dieser Stadt einen ähnlich hohen Bildungsstandard zu eröffnen. Georgetown University stammt diesem Grundgedanken ab. Für Jesuiten steht akademische Exzellenz für eine nötige Voraussetzung, Lösungen sowie Wahrheiten aufzudecken und den weiteren Sinn zu erforschen („über den Horizont hinauszuschauen“). Georgetowns wählt noch heute seine Lehrbeauftragten und Studenten nach diesem Prinzip aus; die Qualität der Vorlesungen und Bedeutung der Forschung auf dem Campus sind diesem Prinzip auf Ewig verschrieben. So gehört die Universität heute zu den besten 25 Universitäten der Vereinigten Staaten von Amerika. Weitere wichtige Grundpfeiler des ethischen Konzepts sind die ''Educating the Whole Person'', ''Cura Personalis'', ''Faith and Justice'', ''Women and Men for Others'', ''Interreligious Understanding'', ''Community in Diversity''.<ref name="mission_and_ministry_spirit">http://missionandministry.georgetown.edu/spiritofgeorgetown.html</ref>

== Campus ==
Die Hochschule befindet sich in [[Georgetown (Washington, D.C.)|Georgetown]], einem Stadtteil im Nordwesten von Washington, D.C., zwischen der 35sten Straße NW und dem Glover Archibold Park sowie zwischen dem [[Potomac River]] und der Reservoir Road gelegen. Sie liegt etwa 20 Straßenblocks vom [[Weißes Haus|Weißen Haus]] entfernt. Die juristische Fakultät ''(Georgetown University Law Center)'' befindet sich nicht auf dem Hauptgelände der Universität, sondern auf der New Jersey Avenue, nur wenige Blocks vom [[Kapitol (Washington)|Capitol]], der [[Library of Congress]] und Union Station entfernt.

=== Studentische Medien ===
Georgetown University hat eine Vielzahl von Medien, die von Studenten betrieben werden. ''The Hoya'' ist die älteste Zeitung der Universität. Die zwei Mal pro Woche gedruckte Zeitung erscheint seit 1920 kostenlos und liegt an mehreren Orten auf dem Campus aus.<ref>{{cite web |url= http://digital.georgetown.edu/hoya/ |title= The Hoya: A Brief History |work= [http://digital.georgetown.edu/ Digital Georgetown] |accessdate= 2007-07-09}}</ref> ''The Georgetown Voice'', bekannt für die wöchentlichen Titelblattnachrichten, ist ein wöchentliches Nachrichtenmagazin, das sich von ''The Hoya'' unterscheidet, indem es seinen Nachrichtenschwerpunkt auf die Stadt Washington und das Land legt.<ref>{{cite news |url= http://www.thehoya.com/news/011405/news11.cfm |title= How Georgetown Found a Different Voice |first= Josh |last= Zumbrun |work= [[The Hoya]] |accessdate= 2007-07-03 |date= January 14, 2005}}</ref> Die ''Georgetown Independent'' ist ein monatlich erscheinendes Magazin, welches seinen Schwerpunkt auf Journaljournalismus, Kommentar und Kunst legt.<ref>{{cite web |url= http://www.thegeorgetownindependent.com |title= The Georgetown Independent |date= April 18, 2007 |accessdate= 2007-04-19}}</ref> Die ''Georgetown Academy'' zielt auf katholische Leser auf dem Campus und der ''Georgetown Federalist'', 2006 gegründet, hat zum Ziel, einen konservativen und ungezwungenen Gesichtspunkt zu verbreiten.<ref name="academy">{{cite news |url= http://georgetownvoice.com/2008-10-23/feature/controversial-catholics-and-the-third-coming-of-the-georgetown-academy |title= Controversial Catholics…and the third coming of The Georgetown Academy
|first= Molly |last= Redden |work= The Georgetown Voice |date= October 23, 2008 |accessdate= 2008-10-27}}</ref><ref>{{cite news |url= http://www.thehoya.com/node/3885 |title= The Right’s Fight to Write |first= Stephen |last= Santulli |work= [[The Hoya]] |date= November 7, 2006 |accessdate= 2008-10-27}}</ref> ''The Fire This Time'' is Georgetowns einziges Magazin für Minderheiten auf dem Campus.<ref>{{cite web |url= http://journalism.georgetown.edu/resources.html |title= Georgetown Journalism |publisher= Georgetown University |date= March 24, 2008 |accessdate= 2008-06-01}}</ref> ''The Georgetowns Hackler'' ist ein Komikmagazin, das 2003 im Internet gegründet wurde und seit 2007 auch als Printausgabe auf dem Campus erhältlich ist.<ref>{{cite web |url= http://www.georgetownheckler.com |title= The Georgetown Heckler |accessdate= 2007-04-19 |date= January 23, 2007}}</ref>

== Georgetown Fakultäten ==
Georgetown University umfasst acht Fakultäten, welche sich untergliedern in vier Undergraduate Fakultäten, angesehene Masterstudienprogramme, eine Juristische Fakultät und eine Medizinhochschule. Ein Überblick im Einzelnen: Georgetown College (gegründet 1789), Graduate School of Arts and Sciences (1820), School of Medicine (1850), Law Center (1870), School of Nursing and Health Studies (1903), Edmund A. Walsh School of Foreign Service (1919), School of Continuing Studies (1956), Robert E. McDonough School of Business (1957). Insgesamt sind 1.268 Vollzeitlehrende und 689 Teilzeitlehrende an der Georgetown University beschäftigt. Der Hauptcampus allein beschäftigt 750 Vollzeitlehrbeauftragte und 399 Teilzeitlehrkräfte.<ref name="Georgetown_at_a_glance">http://explore.georgetown.edu/documents/?DocumentID=742</ref>

Die Aufnahmequoten sind unter den niedrigsten weltweit. Die School of Medicine hat im Zulassungsjahr 2009, 2% der Bewerber zugelassen. Das bekannte Master of Science in Foreign Service (MSFS) Programm, das u.a. Prinz Felipe und King Abdullah II. besucht haben, hatte im selben Jahr eine Zulassungsquote von 5%. Das MSFS-Programm zählt außerdem zu den angesehensten Abschlüssen im Bereich der Internationalen Beziehungen weltweit. Im Ranking der einschlägigen Zeitschrift "Foreign Policy" aus dem Jahr 2011/12 belegte Georgetown den ersten Platz für professionell ausgerichtete Masterstudiengänge im Bereich Internationale Beziehungen noch vor der Johns Hopkins University, der Harvard University und der Princeton University. <ref>http://www.foreignpolicy.com/articles/2012/01/03/top_ten_international_relations_masters_programs</ref>

== Sport ==
Die Sportteams der Georgetown University werden ''Hoyas'' genannt. Die Hochschule ist Mitglied in der [[Big East Conference]].

== Bekannte Absolventen ==

Zu den bekannten Absolventen der Universität zählen zum Beispiel der ehemalige amerikanische Präsident [[Bill Clinton]], der mehrmalige ''Most Valuable Player'' der NBA [[Allen Iverson]], die ehemalige amerikanische Außenministerin [[Madeleine Albright]] (die heute noch in Georgetown lebt und lehrt), der Präsident der europäischen Kommission und ehemalige portugiesische Ministerpräsident [[José Manuel Durão Barroso]], der frühere Ministerpräsident Sachsens [[Kurt Biedenkopf]], der jordanische König [[Abdullah II. bin al-Hussein|Abdullah II.]] sowie der Kronprinz von Spanien [[Felipe von Spanien]]. [[Gloria Macapagal Arroyo]], Präsidentin von Philippinen, besuchte ebenfalls diese Universität, führte jedoch ihr Studium auf den Philippinen fort.

Weiter absolvierten zwanzig Abgeordnete des amerikanischen Kongresses ihr Studium an der Georgetown University, davon zwölf [[Demokratische Partei (Vereinigte Staaten)|Demokraten]] und acht [[Republikanische Partei|Republikaner]]. Die Georgetown University hat ihrem starken Fokus auf Collegebasketball und brachte etliche NBA-Spieler hervor, unter anderem [[Allen Iverson]], [[Patrick Ewing]], [[Dikembe Mutombo]], [[Alonzo Mourning]], [[Don Reid]], [[Jerome Williams]], [[Jaren Jackson]], [[Jahidi White]], aber auch andere bekannte Sportler, wie den [[American Football]]spieler und Mitglied in der [[College Football Hall of Fame]] [[Al Blozis]], sowie zahlreiche Bekanntheiten in der amerikanischen Medien- und Unterhaltungswirtschaft, darunter [[William Peter Blatty]] (Autor von [[Der Exorzist]]).<ref name="Well known Georgetown Alumni">{{internetquelle|url=http://explore.georgetown.edu/documents/?DocumentID=740|titel=About Georgetown: Well-known Georgetown Alumni |hrsg=Georgetown University|zugriff=22. März 2011|datum=1. Februar 2006|sprache=Englisch}}</ref>

== Weblinks ==
* {{commonscat}}
* [http://www.georgetown.edu/ Homepage der Georgetown Universität]
* [http://www.thehoya.com/ The Hoya – die Campuszeitung]
* [http://www.georgetownvoice.com/ The Georgetown Voice]

== Einzelnachweise ==
<references />

{{coordinate|NS=38/54/26/N|EW=77/4/22/W|region=US-DC|type=landmark}}

[[Kategorie:Big East Conference]]
[[Kategorie:Universität in Washington, D.C.|Georgetown]]
[[Kategorie:Katholische Universität|Georgetown]]
[[Kategorie:Private Hochschule in den Vereinigten Staaten]]
[[Kategorie:Hochschule der Jesuiten|Georgetown]]
[[Kategorie:Niederlassung der Jesuiten|Georgetown]]
[[Kategorie:Römisch-katholische Kirche in den Vereinigten Staaten|Georgetown]]

{{Link FA|en}}

[[ar:جامعة جورجتاون]]
[[ca:Universitat de Georgetown]]
[[cs:Georgetown University]]
[[da:Georgetown University]]
[[en:Georgetown University]]
[[es:Universidad de Georgetown]]
[[fa:دانشگاه جورج‌تاون]]
[[fi:Georgetownin yliopisto]]
[[fr:Université de Georgetown]]
[[he:אוניברסיטת ג'ורג'טאון]]
[[it:Georgetown University]]
[[ja:ジョージタウン大学]]
[[ko:조지타운 대학교]]
[[la:Universitas Georgiopolitana]]
[[lt:Džordžtauno universitetas]]
[[lv:Džordžtaunas universitāte]]
[[nl:Universiteit van Georgetown]]
[[no:Georgetown University]]
[[pl:Georgetown University]]
[[pt:Universidade de Georgetown]]
[[ro:Universitatea Georgetown]]
[[ru:Джорджтаунский университет]]
[[simple:Georgetown University]]
[[sv:Georgetown University]]
[[ta:ஜார்ஜ்டவுன் பல்கலைக்கழகம்]]
[[tr:Georgetown Üniversitesi]]
[[zh:乔治城大学]]

Georgetown University

2012-04-29T06:04:27Z

111.221.0.2:

{{Infobox Hochschule
| Name = Georgetown University Georgetown Universität
| Logo = Georgetown seal.png
| Logogrösse = 
| Motto = ''Utraque Unum''<ref>[[Latein|lat.]] ''„beide in einem“''; das Motto ist dem [[Brief des Paulus an die Epheser]] entlehnt ([[Vulgata]], Kap. 2 Vers 14). Gemeint ist die Einheit von Juden- und Heidenchristen. Möglicherweise wurde das Motto durch spanisch-amerikanisches Silbergeld, die [[Columnarios]] inspiriert, die diese Prägung trugen.</ref>
| Gründungsdatum = 1789
| Trägerschaft = Katholische Kirche
| Ort = [[Georgetown (Washington, D.C.)|Georgetown]], [[Vereinigte Staaten|USA]]
| Leitung = [[John J. DeGioia]]
| Leitungstitel = Präsident
| Studentenzahl = 15318
| Mitarbeiterzahl = 3457
| davon Professoren= 1957
| Jahresetat =
| Website = [http://www.georgetown.edu/ georgetown.edu/]
}}

[[Datei:Healy Hall.jpg|thumb|250px|Hauptgebäude der Georgetown University]]
[[Datei:Healy hall georgetown.jpg|thumb|Healy Hall der GU]]
Die '''Georgetown Universität''' in [[Washington, D.C.]] ist die erste und damit älteste römisch-katholische, von [[Jesuiten]] geleitete, Universität in den Vereinigten Staaten von Amerika. Bekannt ist die Elite-Universität vor allem für ihre Fakultäten für Politikwissenschaft/Internationale Beziehungen und Rechtswissenschaft, die zu den besten der USA gehören. Vor allem die School of Foreign Service für Internationale Beziehungen der Georgetown University zählt zu den führenden Einrichtungen ihrer Art weltweit und hat zahlreiche bekannte Alumni hervorgebracht.<ref>http://www.foreignpolicy.com/articles/2012/01/03/top_ten_international_relations_masters_programs</ref> Georgetown ist Mitglied der [[Association of Jesuit Colleges and Universities]]. Georgetown gilt als eine der zentralen Institutionen im politischen Diskurs der USA.

== Geschichte ==
Georgetown wurde 1789 durch den Jesuitenpater [[John Carroll (Bischof)|John Carroll]] (1735–1815) gegründet. Der erste Student war William Gaston (1778–1844), der 1791 seine Studien in Georgetown begann, wegen Krankheit jedoch sein Studium abbrechen musste. Im Jahr 1814, demselben Jahr, in dem Papst [[Pius VII.]] den Jesuitenorden wieder zugelassen hat, verhalf William Gaston, mittlerweile Congress-Abgeordneter, der Universität zur offiziellen Anerkennung durch den US-Congress in Form einer „federal charter“ (Bundes-Urkunde), die durch den Präsidenten [[James Madison]] am 1. März 1815 unterzeichnet wurde. Im Jahr 1817 wurde den ersten beiden Absolventen der Universität, den New Yorker Brüdern Charles und George Dinnies, der akademische Grad des [[Bachelor|Bachelor of Arts]] verliehen. Im Jahr 1850 wurde das College um die medizinische Fakultät (heute: School of Medicine) erweitert, 20 Jahre später, 1870, kam die juristische Fakultät (heute: Law Center) dazu. Damals wurden Studiengebühren in Höhe von 50 Dollar erhoben. Unter Pater Patrick Healy (1834–1910), dem ersten Afro-Amerikaner, der einen Doktortitel (PhD) erlangte, und der Georgetown von 1874 bis 1882 leitete, erlebte Georgetown seine zweite Blütezeit, und wandelte sich von einem kleinen ''liberal arts college'' zu einer modernen Universität.

Nach dem Ende des [[Sezessionskrieg|amerikanischen Bürgerkriegs]] (1861–1865), in dem die überwältigende Mehrzahl der Studenten und Absolventen von Georgetown auf Seiten der Südstaaten focht, nahm die Universität die Farben blau (Farbe der [[Nordstaaten]], Union) und grau (Farbe der Südstaaten, [[Konföderierte Staaten von Amerika|Konföderation]]) als Symbol der Wiedervereinigung des Landes an.

== Jesuitische und katholische Tradition ==
Georgetown University nahm ihren Ursprung mit [[John Caroll]], einem in Amerika geborenen Jesuiten. Caroll hat einen Großteil seiner Ausbildung in Europa absolviert und ist 1773 als erster Bischof in die Vereinigten Staaten zurückgekehrt. Sein Ziel war es, die Zukunft des amerikanischen [[Katholizismus]] durch Bildung zu stärken; und zwar speziell durch die Gründung einer elitären katholischen Bildungseinrichtung.
Carolls Vision zur Zeit der [[Amerikanische Revolution|Amerikanischen Revolution]] bestand darin, dass eine starke katholische Institution wie die Georgetown University maßgeblich zum politischen, kulturellen und intellektuellen Leben der noch jungen Nation beitragen würde. Er gründete die Universität außerhalb der Siedlung [[Georgetown (Washington, D.C.)|Georgetown]] auf den Uferhöhen des Potomac Rivers. Die sich immer weiter etablierende religiöse Toleranz im noch jungen [[Amerika]] eröffnete Menschen jeder sozialen Schicht und religiösen Grundströmung das Studieren an der Universität. Caroll sah Georgetown als eine strenge akademische katholische Bildungseinrichtung, die maßgeblich geprägt wird durch Studenten unterschiedlicher Herkunft.
Auch heute wird Carolls Vision noch gelebt: Die Georgetown Universität ist international bekannt für ihre Ausrichtung am katholischen Glauben und den jesuitischen Traditionen. Der Verbindung zu Politik, Wirtschaft und Gesellschaft sowie der gelebte religiöse und kulturelle Pluralismus der Universität unterscheiden die Georgetown University von gewöhnlichen nordamerikanischen Hochschulen.<ref name="Georgetown_about_tradition">{{internetquelle|url=http://explore.georgetown.edu/documents/?DocumentID=736|titel=About Georgetown: Georgetown's Catholic and Jesuit Identity|hrsg=Georgetown University|datum=15. Februar 2008|zugriff=22. März 2011|sprache=Englisch}}</ref>

== „The Spirit of Georgetown“ ==
Noch heute soll sich jeder Student einem ethischen Grundsatz verpflichten, der Georgetown als eine traditionell elitäre Einrichtung unterscheidet. Dieser ''Spirit of Georgetown'' greift eine 450 Jahre alte christliche Tradition auf, welche maßgeblich von [[Ignatius von Loyola]], dem Gründer der [[Gesellschaft Jesu]] ''(Societas Jesu)'', inspiriert wurde. Im Einzelnen lauten die Eckpfeilerwie folgt: ''Ad Majorem Dei Gloriam:'' Dieses Motto kennzeichnet den religiösen Zweck der Jesuiten, nämlich eine ausgezeichnete Bildung an Menschen weiterzugeben, die später durch ihre Arbeit in der Welt und der Gesellschaft einen Unterschied zum Besseren machen sollen. Gott soll in ihrer Arbeit allgegenwärtig sein. ''Contemplation in Action:'' Der Glaube an Gott und die Fähigkeit, sein Handeln zu reflektieren, soll das Handeln der Studierenden leiten. ''Academic Excellence:'' Jesuiten waren schon früh für ihre ausgezeichnete Bildung bekannt und gründeten 1547 eine Schule in Messina (Italien), um jungen Männern dieser Stadt einen ähnlich hohen Bildungsstandard zu eröffnen. Georgetown University stammt diesem Grundgedanken ab. Für Jesuiten steht akademische Exzellenz für eine nötige Voraussetzung, Lösungen sowie Wahrheiten aufzudecken und den weiteren Sinn zu erforschen („über den Horizont hinauszuschauen“). Georgetowns wählt noch heute seine Lehrbeauftragten und Studenten nach diesem Prinzip aus; die Qualität der Vorlesungen und Bedeutung der Forschung auf dem Campus sind diesem Prinzip auf Ewig verschrieben. So gehört die Universität heute zu den besten 25 Universitäten der Vereinigten Staaten von Amerika. Weitere wichtige Grundpfeiler des ethischen Konzepts sind die ''Educating the Whole Person'', ''Cura Personalis'', ''Faith and Justice'', ''Women and Men for Others'', ''Interreligious Understanding'', ''Community in Diversity''.<ref name="mission_and_ministry_spirit">http://missionandministry.georgetown.edu/spiritofgeorgetown.html</ref>

== Campus ==
Die Hochschule befindet sich in [[Georgetown (Washington, D.C.)|Georgetown]], einem Stadtteil im Nordwesten von Washington, D.C., zwischen der 35sten Straße NW und dem Glover Archibold Park sowie zwischen dem [[Potomac River]] und der Reservoir Road gelegen. Sie liegt etwa 20 Straßenblocks vom [[Weißes Haus|Weißen Haus]] entfernt. Die juristische Fakultät ''(Georgetown University Law Center)'' befindet sich nicht auf dem Hauptgelände der Universität, sondern auf der New Jersey Avenue, nur wenige Blocks vom [[Kapitol (Washington)|Capitol]], der [[Library of Congress]] und Union Station entfernt.

=== Studentische Medien ===
Georgetown University hat eine Vielzahl von Medien, die von Studenten betrieben werden. ''The Hoya'' ist die älteste Zeitung der Universität. Die zwei Mal pro Woche gedruckte Zeitung erscheint seit 1920 kostenlos und liegt an mehreren Orten auf dem Campus aus.<ref>{{cite web |url= http://digital.georgetown.edu/hoya/ |title= The Hoya: A Brief History |work= [http://digital.georgetown.edu/ Digital Georgetown] |accessdate= 2007-07-09}}</ref> ''The Georgetown Voice'', bekannt für die wöchentlichen Titelblattnachrichten, ist ein wöchentliches Nachrichtenmagazin, das sich von ''The Hoya'' unterscheidet, indem es seinen Nachrichtenschwerpunkt auf die Stadt Washington und das Land legt.<ref>{{cite news |url= http://www.thehoya.com/news/011405/news11.cfm |title= How Georgetown Found a Different Voice |first= Josh |last= Zumbrun |work= [[The Hoya]] |accessdate= 2007-07-03 |date= January 14, 2005}}</ref> Die ''Georgetown Independent'' ist ein monatlich erscheinendes Magazin, welches seinen Schwerpunkt auf Journaljournalismus, Kommentar und Kunst legt.<ref>{{cite web |url= http://www.thegeorgetownindependent.com |title= The Georgetown Independent |date= April 18, 2007 |accessdate= 2007-04-19}}</ref> Die ''Georgetown Academy'' zielt auf katholische Leser auf dem Campus und der ''Georgetown Federalist'', 2006 gegründet, hat zum Ziel, einen konservativen und ungezwungenen Gesichtspunkt zu verbreiten.<ref name="academy">{{cite news |url= http://georgetownvoice.com/2008-10-23/feature/controversial-catholics-and-the-third-coming-of-the-georgetown-academy |title= Controversial Catholics…and the third coming of The Georgetown Academy
|first= Molly |last= Redden |work= The Georgetown Voice |date= October 23, 2008 |accessdate= 2008-10-27}}</ref><ref>{{cite news |url= http://www.thehoya.com/node/3885 |title= The Right’s Fight to Write |first= Stephen |last= Santulli |work= [[The Hoya]] |date= November 7, 2006 |accessdate= 2008-10-27}}</ref> ''The Fire This Time'' is Georgetowns einziges Magazin für Minderheiten auf dem Campus.<ref>{{cite web |url= http://journalism.georgetown.edu/resources.html |title= Georgetown Journalism |publisher= Georgetown University |date= March 24, 2008 |accessdate= 2008-06-01}}</ref> ''The Georgetowns Hackler'' ist ein Komikmagazin, das 2003 im Internet gegründet wurde und seit 2007 auch als Printausgabe auf dem Campus erhältlich ist.<ref>{{cite web |url= http://www.georgetownheckler.com |title= The Georgetown Heckler |accessdate= 2007-04-19 |date= January 23, 2007}}</ref>

== Georgetown Fakultäten ==
Georgetown University umfasst acht Fakultäten, welche sich untergliedern in vier Undergraduate Fakultäten, angesehene Masterstudienprogramme, eine Juristische Fakultät und eine Medizinhochschule. Ein Überblick im Einzelnen: Georgetown College (gegründet 1789), Graduate School of Arts and Sciences (1820), School of Medicine (1850), Law Center (1870), School of Nursing and Health Studies (1903), Edmund A. Walsh School of Foreign Service (1919), School of Continuing Studies (1956), Robert E. McDonough School of Business (1957). Insgesamt sind 1.268 Vollzeitlehrende und 689 Teilzeitlehrende an der Georgetown University beschäftigt. Der Hauptcampus allein beschäftigt 750 Vollzeitlehrbeauftragte und 399 Teilzeitlehrkräfte.<ref name="Georgetown_at_a_glance">http://explore.georgetown.edu/documents/?DocumentID=742</ref>

Die Aufnahmequoten sind unter den niedrigsten weltweit. Die School of Medicine hat im Zulassungsjahr 2009, 2% der Bewerber zugelassen. Das bekannte Master of Science in Foreign Service (MSFS) Programm, das u.a. Prinz Felipe und King Abdullah II. besucht haben, hatte im selben Jahr eine Zulassungsquote von 5%. Das MSFS-Programm zählt außerdem zu den angesehensten Abschlüssen im Bereich der Internationalen Beziehungen weltweit. Im Ranking der einschlägigen Zeitschrift "Foreign Policy" aus dem Jahr 2011/12 belegte Georgetown den ersten Platz für professionell ausgerichtete Masterstudiengänge im Bereich Internationale Beziehungen noch vor der Johns Hopkins University, der Harvard University und der Princeton University. <ref>http://www.foreignpolicy.com/articles/2012/01/03/top_ten_international_relations_masters_programs</ref>

== Sport ==
Die Sportteams der Georgetown University werden ''Hoyas'' genannt. Die Hochschule ist Mitglied in der [[Big East Conference]].

== Bekannte Absolventen ==

Zu den bekannten Absolventen der Universität zählen zum Beispiel der ehemalige amerikanische Präsident [[Bill Clinton]], der mehrmalige ''Most Valuable Player'' der NBA [[Allen Iverson]], die ehemalige amerikanische Außenministerin [[Madeleine Albright]] (die heute noch in Georgetown lebt und lehrt), der Präsident der europäischen Kommission und ehemalige portugiesische Ministerpräsident [[José Manuel Durão Barroso]], der frühere Ministerpräsident Sachsens [[Kurt Biedenkopf]], der jordanische König [[Abdullah II. bin al-Hussein|Abdullah II.]] sowie der Kronprinz von Spanien [[Felipe von Spanien]]. [[Gloria Macapagal Arroyo]], Präsidentin von Philippinen, besuchte ebenfalls diese Universität, führte jedoch ihr Studium auf den Philippinen fort.

Weiter absolvierten zwanzig Abgeordnete des amerikanischen Kongresses ihr Studium an der Georgetown University, davon zwölf [[Demokratische Partei (Vereinigte Staaten)|Demokraten]] und acht [[Republikanische Partei|Republikaner]]. Die Georgetown University hat ihrem starken Fokus auf Collegebasketball und brachte etliche NBA-Spieler hervor, unter anderem [[Allen Iverson]], [[Patrick Ewing]], [[Dikembe Mutombo]], [[Alonzo Mourning]], [[Don Reid]], [[Jerome Williams]], [[Jaren Jackson]], [[Jahidi White]], aber auch andere bekannte Sportler, wie den [[American Football]]spieler und Mitglied in der [[College Football Hall of Fame]] [[Al Blozis]], sowie zahlreiche Bekanntheiten in der amerikanischen Medien- und Unterhaltungswirtschaft, darunter [[William Peter Blatty]] (Autor von [[Der Exorzist]]).<ref name="Well known Georgetown Alumni">{{internetquelle|url=http://explore.georgetown.edu/documents/?DocumentID=740|titel=About Georgetown: Well-known Georgetown Alumni |hrsg=Georgetown University|zugriff=22. März 2011|datum=1. Februar 2006|sprache=Englisch}}</ref>

== Weblinks ==
* {{commonscat}}
* [http://www.georgetown.edu/ Homepage der Georgetown Universität]
* [http://www.thehoya.com/ The Hoya – die Campuszeitung]
* [http://www.georgetownvoice.com/ The Georgetown Voice]

== Einzelnachweise ==
<references />

{{coordinate|NS=38/54/26/N|EW=77/4/22/W|region=US-DC|type=landmark}}

[[Kategorie:Big East Conference]]
[[Kategorie:Universität in Washington, D.C.|Georgetown]]
[[Kategorie:Katholische Universität|Georgetown]]
[[Kategorie:Private Hochschule in den Vereinigten Staaten]]
[[Kategorie:Hochschule der Jesuiten|Georgetown]]
[[Kategorie:Niederlassung der Jesuiten|Georgetown]]
[[Kategorie:Römisch-katholische Kirche in den Vereinigten Staaten|Georgetown]]

{{Link FA|en}}

[[ar:جامعة جورجتاون]]
[[ca:Universitat de Georgetown]]
[[cs:Georgetown University]]
[[da:Georgetown University]]
[[en:Georgetown University]]
[[es:Universidad de Georgetown]]
[[fa:دانشگاه جورج‌تاون]]
[[fi:Georgetownin yliopisto]]
[[fr:Université de Georgetown]]
[[he:אוניברסיטת ג'ורג'טאון]]
[[it:Georgetown University]]
[[ja:ジョージタウン大学]]
[[ko:조지타운 대학교]]
[[la:Universitas Georgiopolitana]]
[[lt:Džordžtauno universitetas]]
[[lv:Džordžtaunas universitāte]]
[[nl:Universiteit van Georgetown]]
[[no:Georgetown University]]
[[pl:Georgetown University]]
[[pt:Universidade de Georgetown]]
[[ro:Universitatea Georgetown]]
[[ru:Джорджтаунский университет]]
[[simple:Georgetown University]]
[[sv:Georgetown University]]
[[ta:ஜார்ஜ்டவுன் பல்கலைக்கழகம்]]
[[tr:Georgetown Üniversitesi]]
[[zh:乔治城大学]]

Wikipedia:Löschkandidaten/30. April 2011

2011-04-30T14:12:03Z

111.221.0.2: /* Hannes Müllner */

{|"border="0" cellpadding="0" cellspacing="1" bgcolor="#FFDEAD" align="center" width="90%"
|bgcolor="#EBEBEB" align="center" width="10%"|[[Wikipedia:Löschkandidaten/26. April 2011|26. April]]
|bgcolor="#EBEBEB" align="center" width="10%"|[[Wikipedia:Löschkandidaten/27. April 2011|27. April]]
|bgcolor="#EBEBEB" align="center" width="10%"|[[Wikipedia:Löschkandidaten/28. April 2011|28. April]]
|bgcolor="#EBEBEB" align="center" width="10%"|[[Wikipedia:Löschkandidaten/29. April 2011|29. April]]
|bgcolor="#EBEBEB" align="center" width="10%"|[[Wikipedia:Löschkandidaten/30. April 2011|30. April]]
|bgcolor="#EBEBEB" align="center" width="10%"|[[Wikipedia:Löschkandidaten/1. Mai 2011|1. Mai]]
|bgcolor="#EBEBEB" align="center" width="10%"|[[Wikipedia:Löschkandidaten/{{LOCALDAY}}. {{LOCALMONTHNAME}} {{LOCALYEAR}}|Heute]]
|}
{{Löschkandidaten}}
<div align="center">Wenn alle Einträge dieser Seite erledigt sind, wird dies hier vermerkt.</div>


{{Wikipedia:WikiProjekt Kategorien/Diskussionen/2011/April/30}}

= Benutzerseiten =

= Metaseiten =

= Vorlagen =
== [[Vorlage:Navigationsleiste Raumschiffstudien zur interstellaren Raumfahrt]] ==

Themenring. [[Benutzer:SteMicha|SteMicha]] 13:56, 30. Apr. 2011 (CEST)
:Mit der Bitte um Erklärung, was der Unterschied zwischen [[Vorlage:Navigationsleiste Raumschiffstudien zur interstellaren Raumfahrt]] und [[Vorlage:Navigationsleiste_Apollo]] ist. Bzw. bitte mir aufzeigen, was gemäß [[Hilfe:Navigationsleisten]]: ''"die zur schnellen und einfachen Navigation zwischen Artikeln innerhalb einer geschlossenen Gruppe gedacht ist"'' nicht stimmt? [[Benutzer:Markus R Schmidt|MRS]] 15:17, 30. Apr. 2011 (CEST)
::Dann weise bitte mal nach, dass das hier alle Studien sind, also dass es sich um eine ''geschlossene Gruppe'' handelt. Bei Apollo ist das jedenfalls der Fall. [[Benutzer:SteMicha|SteMicha]] 15:32, 30. Apr. 2011 (CEST)

== [[Vorlage:Gebiet Lettlands/Oberlettland]] ==

Unnötige Vorlage, unerwünschte Abkürzung der Wikisyntax. [[Benutzer:SteMicha|SteMicha]] 15:31, 30. Apr. 2011 (CEST)
:Also die Vorlage scheint mir auch etwas übertrieben zu sein. Schliesslich macht sie nicht viel mehr, als einen Link in den Text einzufügen. Wer es nicht schafft, das lettische Schriftzeichen auch ohne der Vorlage in einen Artikel einzufügen, hat wahrscheinlich noch ganz andere Probleme wenn er in dem Themenbereich unterwegs ist. --[[Benutzer:PaterMcFly|PaterMcFly]] [[Benutzer_Diskussion:PaterMcFly|Diskussion]] [[Spezial:Beiträge/PaterMcFly|Beiträge]] 15:36, 30. Apr. 2011 (CEST)
* davon gibt's in der [[:Kategorie:Vorlage:Lettland]] noch mehr -- [[Spezial:Beiträge/79.168.7.130|79.168.7.130]] 15:40, 30. Apr. 2011 (CEST)

== [[Vorlage:Zeitleiste Verteidigungsminister (Österreich)]] ==

Unbenutzte Vorlage. [[Benutzer:SteMicha|SteMicha]] 15:37, 30. Apr. 2011 (CEST)

= Listen =

= Artikel =

== [[Heizkraftwerk Kassel]] ==

QS ergebnislos, Relevanz nicht dargestellt, so kein Wikipedia-tauglicher Artikel. --[[Benutzer:Mama Leone|Mama Leone]] 01:05, 30. Apr. 2011 (CEST)
: lt. Artikeltext einfach nur eine kleinere Industrieanlage. '''löschen''' [[Benutzer:Andy king50|Andreas König]] 07:59, 30. Apr. 2011 (CEST)
:: In der [[:Kategorie:Gas- oder Ölkraftwerk in Deutschland]] stehen ne Menge solcher Anlagen, wobei bei den meisten Artikeln die Qualität wohl besser ist.--[[Benutzer:Johnny Controletti|Johnny Controletti]] 09:50, 30. Apr. 2011 (CEST)
:::Vielleicht relevant; inhaltlich jedoch unbrauchbar. Da die QS nicht erfolgreich war, '''löschen'''. --[[Benutzer:Boris Karloff II|Boris Karloff II.]] '''([[Benutzer Diskussion:Boris Karloff II|Kontakt]]|[[Benutzer:Boris Karloff II/Bewertung|Bewertung]])''' 11:26, 30. Apr. 2011 (CEST)

== [[Roger Deslauriers]] ==

QS ergebnislos, Relevanz nicht dargestellt. --[[Benutzer:Mama Leone|Mama Leone]] 01:25, 30. Apr. 2011 (CEST)
::Vater von---, unbelegter wichtiger Trainer, Reitanlagenbesitzer. Im Artikel ist Relevanz nicht erkennbar und nicht dargestellt. In diesem Zustand bitte löschen. --[[Benutzer:AlterWolf49|AlterWolf49]] 06:55, 30. Apr. 2011 (CEST)

:Würde hier ''7 Tage'' zur Relevanzdarstellung und zum Ausbau geben.[[Benutzer:Politik|Politik]] 09:15, 30. Apr. 2011 (CEST)
::Diese 7 Tage sind vorbei und in der Zeit wurde der Artikel nicht einmal bearbeitet. Bitte '''löschen'''. --[[Benutzer:Boris Karloff II|Boris Karloff II.]] '''([[Benutzer Diskussion:Boris Karloff II|Kontakt]]|[[Benutzer:Boris Karloff II/Bewertung|Bewertung]])''' 11:29, 30. Apr. 2011 (CEST)
:::Das bisschen Info passt auch in den Artikel des Sohns [[Mario Deslauriers]], der von derselben IP angelegt wurde.--[[Benutzer:Tvwatch|Tvwatch]] 11:53, 30. Apr. 2011 (CEST)

Ist wohl als Trainer relevant, da der Sohn 1984 Weltcup-Sieger wurde. Hier steht noch etwas [http://www.mariodeslauriers.com/biographie_roger-e.shtml], jedoch keine sportlichen Erfolge. -- [[Spezial:Beiträge/84.134.13.104|84.134.13.104]] 14:30, 30. Apr. 2011 (CEST)

== [[Forexbot]] ==

Relevanz? --[[Benutzer:Altkatholik62|Altkatholik62]] 01:59, 30. Apr. 2011 (CEST)

== [[Hilde Kuchler]] ==

Nach unseren Relevanzkriterien ist die Dame mit der Glaskugel als Künstlerin leider nicht relevant. Weder eine Relevanz stiftende Einzel- oder Gruppenausstellung ist belegt. Sie hat nicht an der Weltausstellung teilgenommen, sondern feierte in Eigeninitative anlässich dieser Ausstellung eine Ausstellung mit kunsthandwerklichen Produkten'' --[[Benutzer:AlterWolf49|AlterWolf49]] 06:46, 30. Apr. 2011 (CEST)
:Die "Dame mit der Glaskugel" wurde laut Cercle Diplomatique vom International Exhibition Center Dubai anläßlich einer Weltausstellung zum Thema "Welt der Frau" eingeladen, ihre Exponate auszustellen. Warum sollte die Dame als Künstlerin nicht relevant sein? Wäre eine Eigeninitaitive hinderlich? Wie kann man Einzel- oder Gruppenausstellungen nach dem Wiki-Standard belegen? (''nicht [[Hilfe:Signatur|signierter]] Beitrag von'' [[Benutzer:Berrifussi|Berrifussi]] ([[Benutzer Diskussion:Berrifussi|Diskussion]] | [[Spezial:Beiträge/Berrifussi|Beiträge]]) 11:02, 30. Apr. 2011 (CEST)) 
::Ich finde nur Ausstellungen im regionalen Umfeld. Laut Eigenaussage der Dekorationsfirma Kuchlerhaus fand die Ausstellung bei der "Arabian home show" in Dubai im April 2008 statt. Und das ist eine Handelsmesse. Ich halte die Dame für rührig, aber irrelevant. Grüße.--[[Benutzer:Tvwatch|Tvwatch]] 12:10, 30. Apr. 2011 (CEST)
Nach den [[Wikipedia:Richtlinien_Bildende_Kunst|RK Bildende Kunst]] leider nicht relevant - auch wenn die Glasarbeiten schön sind. '''Löschen''' --[[Benutzer:Alraunenstern|Alraunenstern۞]] 13:29, 30. Apr. 2011 (CEST)

Einverstanden - die beiden letzten Einwände. Kann ich den Artikel selbst löschen?--[[Benutzer:Berrifussi|Berrifussi]] 15:29, 30. Apr. 2011 (CEST)

:Nein, das macht ein Admin. Zum Ablauf ''guckst du hier'': [[Wikipedia:Löschregeln]]. --[[Benutzer:Alraunenstern|Alraunenstern۞]] 15:58, 30. Apr. 2011 (CEST)

== [[Schwetzinger Wählerforum 97]] ==

Kleinstpartei, die offensichtlich [[WP:Relevanzkriterien#Politische Parteien]] nicht erfüllt. --[[Benutzer:Dealerofsalvation|dealer]]of[[Benutzer Diskussion:dealerofsalvation|salvation]] 07:07, 30. Apr. 2011 (CEST)
:Seh ich ähnlich, die Medienpräsenz durch Bürgermeister wär zwar ein Ansatz, aber auch diese Präsenz kann kaum mehr sein als sehr lokal. Tendiere zu löschen. … [[Benutzer:Man77|'''««''']] Man77 [[Benutzer Diskussion:Man77|'''»»''']] 12:05, 30. Apr. 2011 (CEST)
::OB wäre ja relevant, da S. über 21.ooo Einwohner hat. Die Wählervereinigung ist es dagegen nicht. '''löschen''' --[[Benutzer:Wangen|Wangen]] 13:41, 30. Apr. 2011 (CEST)

== [[Serbisch-orthodoxe Gymnasium Kantakuzina Katarina Branković]] ==

sehe keine Relevanz nach [[WP:RK#Schulen]]: existiert erst ca. 5 Jahre, lt. :en lediglich 20 Schüler pro Klassenstufe. Kirchlich finanzierte Schule ist an sich erst mal kein Alleinstellungsmerkmal. Text müsste wegen gravierender Sprachmängel neu geschrieben werden. - [[Benutzer:Andy king50|Andreas König]] 07:56, 30. Apr. 2011 (CEST)

:Zur Relevanzfrage enthalte ich mich mal, von der Artikelqualität (in der Form) klarstes Löschen. … [[Benutzer:Man77|'''««''']] Man77 [[Benutzer Diskussion:Man77|'''»»''']] 12:07, 30. Apr. 2011 (CEST)
::<s>SLA gestellt</s>, Sätze unverständlcih/vollkommen grammatisch falsch -> schlechte Maschinenübersetzung --[[Benutzer:Wangen|Wangen]] 13:39, 30. Apr. 2011 (CEST) SLA zurückgezogen nach der unten stehenden Bitte des Autors. Möchte einem Arbeitswilligen nicht im Wege stehen. --[[Benutzer:Wangen|Wangen]] 13:57, 30. Apr. 2011 (CEST)

{{Kasten|von unten hierher

''Hi'',
''I recently made this article. Since very little German I know I assumed that the article will be deleted. If you get someone to translate articles from English that would be great. I think the article should be placed in categories such as schools in Croatia, high schools, Christian schools... I do not know what specifically I need to do on this page, so I agree that you doing what you want.Thank you for your time (really)!''

*There is also an article that I wrote''

Serbisch-orthodoxe Gymnasium Kantakuzina Katarina Branković

[[Image:Kantakuzina1.jpg]]
'''Serbisch-orthodoxe Gymnasium Kantakuzina Katarina Branković''' (HRV: Srpska pravoslavna Opca gimnazija Kantakuzina Katarina Branković / SRP: Српска православна општа гимназија Кантакузина Катарина Бранковић) ist ein Gymnasium in Zagreb, Kroatien.
Die Schule wurde 2005 begonnen hat, setzt die Tradition der orthodoxen Minderheit Bildung in der Stadt, mehrere hundert Jahre lang. Studenten haben freien Ausbildung an SPOG. Die serbisch-orthodoxe Kirche in Kroatien deckt alle Kosten der Schulbildung für alle Schüler akzeptiert. Schule wird derzeit von den Studenten aus Kroatien, Serbien, Bosnien und Herzegowina und Moldawien besucht hat.

<nowiki>
[[en:Serbian Orthodox Secondary School "Kantakuzina Katarina Branković"]]
[[bg:Сръбска православна гимназия „Кантакузина Катерина Бранкович“]]
[[hr:Srpska pravoslavna opća gimnazija "Kantakuzina Katarina Branković"]]
[[mk:Српско православно средно училиште „Кантакузина Катарина Бранковиќ“]]
[[sr:Српска православна општа гимназија]]
[[sh:Srpska pravoslavna opća gimnazija ,,Kantakuzina Katarina Branković"]]</nowiki>

[[Benutzer:MirkoS18|MirkoS18]]}}

::Wenn die Relevanz geklärt wäre, würden wir das mit der Sprache locker hinkriegen. Also? --[[Benutzer:Mushushu|Mushushu]] 15:35, 30. Apr. 2011 (CEST)

== [[The Dirk Scheuer Softcore Explosion]] ==

Die CD gibt es bei Amazon nur als Download. Ob die Rezensionen die Band über die Relevanzhürde katapultieren? [[Benutzer:Johnny Controletti|Johnny Controletti]] 08:25, 30. Apr. 2011 (CEST)
:Ich würde ja sagen. --[[Benutzer:Boris Karloff II|Boris Karloff II.]] '''([[Benutzer Diskussion:Boris Karloff II|Kontakt]]|[[Benutzer:Boris Karloff II/Bewertung|Bewertung]])''' 11:34, 30. Apr. 2011 (CEST)
Die CD gibt es nicht nur bei amazon, auch bei itunes und napster und vielen anderen Portalen. Musik ausschließlich über den digitalen Vertrieb zu veröffentlichen ist ja nun heute durchaus üblich. Die Rezensionen zur CD sind in den relevanten veritablen Magazinen mit höchsten Auflagen erschienen. Es handelt sich um eine offizielle vertraglich geregelte Form der Veröffentlichung und entspricht somit den Anforderungen an die Relevanz eines Bandeintrages. [[Benutzer:Ogfsds|Ogfsds]] '''([[Benutzer Diskussion:Ogfsds|Kontakt]]|[[Benutzer:Ogfsds/Bewertung|Bewertung]])''' 13:53, 30. Apr. 2011 (CEST)
:Die CD gibt es '''nur''' als Download! Und das reicht lt. RK nicht. Und was ist eine vertraglich geregelte Form einer Veröffentlichung?--[[Benutzer:Johnny Controletti|Johnny Controletti]] 14:18, 30. Apr. 2011 (CEST)
:Wenn eine VÖ '''nur''' als Download den RK nicht entspricht, sind diese aus meiner Sicht nicht mehr zeitnah. Eine Band, die irgendwie ein Demo veröffentlicht und davon 10 Kopien brennt, hat keine wirkliche vertragliche Verpflichtung. Wer über einen digitalen Vertrieb Musik veröffentlicht, hat eine vertragliche Verpflichtung dem Vertrieb gegenüber, ein Label ist notwendig und die Musik muss aus technischer Sicht professionellen Ansprüchen genügen. Die VÖ hat eine EAN usw. Man kann die CD auch bei Media-Markt am Download-PC downloaden und an der Kasse bezahlen. Desgleichen im Virgin Mega Store. [[Benutzer:Ogfsds|Ogfsds]] '''([[Benutzer Diskussion:Ogfsds|Kontakt]]|[[Benutzer:Ogfsds/Bewertung|Bewertung]])''' 14:58, 30. Apr. 2011 (CEST)

== [[Carl Heinrich Miede]] LAZ ==

Keine Relevanz im Artikel dargestellt. [[Benutzer:Johnny Controletti|Johnny Controletti]] 08:27, 30. Apr. 2011 (CEST)
:Zwar wohl nur lokal von Bedeutung aber doch sehr rührig. Zudem Ehrenbürger von Göttingen. Hab mal ein wenig ergänzt. [[Benutzer:Machahn|Machahn]] 09:12, 30. Apr. 2011 (CEST)
::Dann hat sich das doch schon erledigt! Ehrenbürger = LAZ --[[Benutzer:Johnny Controletti|Johnny Controletti]] 09:27, 30. Apr. 2011 (CEST)

== [[Marma-Therapie]] ==

Eine Relevanz dieser alternativmedizinischen Methode ist nicht dargestellt, die Artikelqualität darüber hinaus mangelhaft. --[[Benutzer:Andante|Andante]] 10:29, 30. Apr. 2011 (CEST)

== [[Johan Jambor]] ==

Die Hodenentfernung mag im Artikel Adolf Hitler erwähnenswert sein (von mir dort kurz, aber mit Beleg eingefügt), die Person dieses Militärarztes ist völlig irrelevant. --[[Benutzer:Andante|Andante]] 10:59, 30. Apr. 2011 (CEST)

:Ich sehe hier keinerlei Relevanz, bitte '''löschen''', gerne auch schnell. [[Benutzer:Politik|Politik]] 11:45, 30. Apr. 2011 (CEST)

::Verschieben in den noch zu schreibenden Artikel über das Lied ''[[Hitler has only got one ball]], Göring has two but very small, Himmler is somewhat sim'lar, But poor Goebbels has no balls at all.'' ([http://en.wikipedia.org/wiki/Hitler_Has_Only_Got_One_Ball en-wiki]), gesungen nach der Melodie des [[Colonel Bogey March]] („Komm doch mit auf den Underberg!“).--[[Benutzer:Tvwatch|Tvwatch]] 12:18, 30. Apr. 2011 (CEST)

== [[Carlo Dürselen]] (LAE)==

Aus der QS: Relevanz nicht dargestellt. --[[Benutzer:Krd|Krd]] 11:01, 30. Apr. 2011 (CEST)
{{Kasten|Löschantrag entfernt, Eintrag im AKL ist absolutes RK. -- [[Spezial:Beiträge/79.168.7.130|79.168.7.130]] 11:04, 30. Apr. 2011 (CEST)}}

== [[Trostpflaster]] ==

Aus der QS: Kein Artikel / Theoriefindung. --[[Benutzer:Krd|Krd]] 11:06, 30. Apr. 2011 (CEST)
:''Möglicherweise'' Theoriefindung. Ich habe den Autor auf [http://de.wikipedia.org/wiki/Benutzer_Diskussion:Raneumo#Dein_Artikel_.E2.80.9ETrostpflaster.E2.80.9C... seiner Diskussionsseite] darum gebeten, den Inhalt zu belegen. Und dich, Krd, bitte ich darum, in Zukunft die Hauptautoren der Artikel, die du zur Löschung vorschlägst, auf ihrer Diskussionsseite darüber zu informieren, sodass sie sich an der Löschdiskussion von Anfang an beteiligen können. --[[Benutzer:Boris Karloff II|Boris Karloff II.]] '''([[Benutzer Diskussion:Boris Karloff II|Kontakt]]|[[Benutzer:Boris Karloff II/Bewertung|Bewertung]])''' 11:50, 30. Apr. 2011 (CEST)
::Theoriefindung? Fehlende Belege sind kein Grund dem Autor zu unterstellen er möchte hier Theorien verbreiten. Nur weil so mancher Löschtroll diesen Begriff hier etabliert hat ist es kein Grund sich das zu Nutze zu machen. Ein jeder kennt den Begriff und auch diese oder eine ähnliche Erklärung. Beleg wäre natürlich noch prima. --[[Benutzer:Ausgangskontrolle|Ausgangskontrolle]] 13:53, 30. Apr. 2011 (CEST)
:::'''+1''' --[[Benutzer:Boris Karloff II|Boris Karloff II.]] '''([[Benutzer Diskussion:Boris Karloff II|Kontakt]]|[[Benutzer:Boris Karloff II/Bewertung|Bewertung]])''' 15:56, 30. Apr. 2011 (CEST)
::::Nette Umschreibung, aber letztlich [[WP:TF]]. '''Löschen''' --[[Benutzer:Laibwächter|Laibwächter]] 13:52, 30. Apr. 2011 (CEST)

== [[Hannes Müllner]] ==

0,7% der Stimmen bei der Europawahl sprechen nicht gerade für Relevanz. Was anderes relevanzstiftendes kann nicht im Artikel entdecken. [[Benutzer:Johnny Controletti|Johnny Controletti]] 11:23, 30. Apr. 2011 (CEST)

- Gibt es seit neuestem eine Regel für zu erreichende Prozente bei einer Wahl? Imho reicht die Kandidatur bei den Wahlen absolut aus, schließlich gab es nur 8 wahlwerbende Gruppen in Österreich. Mehrfache mehrfache Media Coverage in beiden österreichischen Qualitäts-Tageszeitungen [[Die Presse]] und [[Der Standard]] sowie 13.600 Hits bei Google sind ebenso zu beachten. [[Benutzer:Segura|Segura]] 13:12, 30. Apr. 2011 (CEST)
:Lt. Relevanzkriterien für Parteinen reicht die Teilnahme, die [[Wikipedia:RK#Politiker_und_Tr.C3.A4ger_.C3.B6ffentlicher_.C3.84mter|Relevanzkriterien für Politiker]] erfüllt die reine Teilname nicht. Und gefiltert bleiben bei [http://www.google.de/search?q=%22Hannes+M%C3%BCllner%22&hl=de&client=firefox-a&hs=5Yo&rls=org.mozilla:de:official&ie=UTF-8&oe=UTF-8&prmd=ivnso&ei=V_K7TcqyKY_JswaUue2IBg&start=270&sa=N Google nur noch 280 Treffer]--[[Benutzer:Johnny Controletti|Johnny Controletti]] 13:31, 30. Apr. 2011 (CEST)
::Müllner ist stv. Vorsitzender der JuLis, insofern wäre gemäß [[Wikipedia:RK#Politiker_und_Tr.C3.A4ger_.C3.B6ffentlicher_.C3.84mter|Relevanzkriterien für Politiker]] wohl „Nationaler Parteivorsitzender einer enzyklopädisch relevanten Partei“ anzuwenden, nachdem der Vorsitzende der JuLis, [http://www.julis.at/node/17 Nikolaus Scherak], nicht über Müllners Bekanntheit verfügt. Daher BEHALTEN. --[[Benutzer:Talebian|Talebian]] 13:47, 30. Apr. 2011 (CEST)
:::??? Die Logik entgeht mir nun aber. Der Stellvertreter ist relevant, weil der relevante Vorsitzende nicht genügend bekannt ist? --[[Benutzer:Wangen|Wangen]] 14:02, 30. Apr. 2011 (CEST)
::::<strike>Es wäre mir auch neu, dass die JuLis eine Partei sind. --[[Benutzer:Theghaz|Theghaz]] [[Benutzer Diskussion:Theghaz|Disk]] 15:30, 30. Apr. 2011 (CEST)</strike> Ach, es geht um Österreich. Als stellvertretender Vorsitzender aber trotzdem nicht relevant. --[[Benutzer:Theghaz|Theghaz]] [[Benutzer Diskussion:Theghaz|Disk]] 15:32, 30. Apr. 2011 (CEST)
:::::Die JuLis scheinen ja nun die Jugendorganisation der [http://diepresse.com/home/politik/innenpolitik/493018/Liberale_Neue-Partei_Die-Liberaldemokraten Liberaldemokraten (LDP)] zu sein - mit Müllner als Vorsitzenden. Daher relevant. [[Benutzer:Friedrichheinz|Friedrichheinz]] 16:09, 30. Apr. 2011 (CEST)

== [[Charlottenlust]] ==

Wenn nach einem Monat kein vernünftiger Artikel entsteht, ist das imho ein Fall für die LA. --[[Benutzer:Z1|Z1]] 12:50, 30. Apr. 2011 (CEST)
:Als Stub ausreichend. Ist es eine vernünftige Methode, das Wissen der Welt zu sammeln durch Löschungen von Stubs? Damit der nächste nochmal von Vorne anfangen muß? Ich glaube nicht dass das klappt. Wenn das hier gelöscht wird, dann sollte man hier [[Elendskirchen]] weitermachen. Da gibt es reichlich weitere, einfach die Navileiste durchgehen. --[[Benutzer:Ausgangskontrolle|Ausgangskontrolle]] 13:59, 30. Apr. 2011 (CEST)
* '''Ausreichender Stub''' zu einem geographischen Objekt -- [[Spezial:Beiträge/79.168.7.130|79.168.7.130]] 14:27, 30. Apr. 2011 (CEST)

* Ne, so ist das kein Artikel. '''löschen'''. [[Benutzer:SteMicha|SteMicha]] 14:29, 30. Apr. 2011 (CEST)

== [[Margensystem]] ==

Nach einem Monat QS kein vernünftiger Artikel. --[[Benutzer:Z1|Z1]] 13:03, 30. Apr. 2011 (CEST)
:Wieso ist das kein ausreichender Artikel? Die QS hat gemacht was nötig ist [http://de.wikipedia.org/w/index.php?title=Margensystem&action=historysubmit&diff=87143715&oldid=87143402]. Der Artikel ist über Stubnievau, der Antragsteller mißachtet hingegen Grundsatz 3 aus [[WP:Löschregeln]]. --[[Benutzer:Ausgangskontrolle|Ausgangskontrolle]] 14:02, 30. Apr. 2011 (CEST)
::Achso, ich verstoße also gegen Grundsatz 3 der Löschregeln? Ist ja nicht so, als dass der Artikel einen Monat lang in der QS war und damit auf einer der wichtigsten Wartungsseiten der WP eingebunden war. Nein, ich konnte den Artikel nicht verbessern, da ich zu diesem Thema überhaupt kein Wissen habe. Schönes Wochenende noch. --[[Benutzer:Z1|Z1]] 15:09, 30. Apr. 2011 (CEST)
::Nachtrag: Die QS hat was gemacht, ja. Trotzdem ist es imho kein Artikel. Aber Meinungen sind ja bekanntermaßen verschieden. --[[Benutzer:Z1|Z1]] 15:11, 30. Apr. 2011 (CEST)

== [[Lotte Roth-Wölfle]] ==

Wenn es einen vernünftigen und belegten Artikel gäbe, würde ich ja bei einer nicht mehr lebenden Person mit der Relevanz nicht so streng sein, aber hier gibt es keine erkennbare Relevanz, keinen ausreichenden Artikel und keine Quellen. -- [[Benutzer:Aspiriniks|Aspiriniks]] 13:57, 30. Apr. 2011 (CEST)
* Fünf Pubikationen im Katalog der DNB, vielfach ausgezeichnet ... und eine Quelle ist auch im Artikel -- [[Spezial:Beiträge/79.168.7.130|79.168.7.130]] 13:59, 30. Apr. 2011 (CEST)
::Ja, es ist ein Stub, aber m.E. ein gültiger. Relevanz durch Auszeichungen (u.a. Bundesverdienstkreuz) und Publikationen gegeben, die - wie schon die IP sagte - alle belegt sind. '''Behalten''' --[[Benutzer:Small Axe|smax]] 14:09, 30. Apr. 2011 (CEST)

Frisst kein Brot, ordentlicher Artikel, '''behalten'''. [[Benutzer:SteMicha|SteMicha]] 14:10, 30. Apr. 2011 (CEST)

:Die Quelle ist eine Todesanzeige, in der Geburts- und Sterbedatum sowie zwei (nicht relevanzstiftende) Auszeichnungen erwähnt sind. Daß sie mit ihrem Mann das älteste Antiquariat Münchens betrieben hat, geht daraus nicht hervor. Die Publikationen sind allesamt im Selbstverlag, mit Ausnahme einer Publikation, wo sie Herausgeberin, nicht Autorin ist. Und das Bundesverdienstkreuz rangiert relevanzmäßig knapp über dem Seepferdchen. -- [[Benutzer:Aspiriniks|Aspiriniks]] 14:12, 30. Apr. 2011 (CEST)
::Der Gehalt des vorangegangen Beitrags rangiert auch knapp über'm Seepferdchen. Die vier Auszeichnungen sind einzeln bereits alle höherrangig als diverse Rotlichtpreise, die hier automatisch zur Relevanz reichen. Und wenn sie nun schon mal ein Antiquariat führte, dem ein kleiner Verlag angeschlossen war, warum sollte sie nicht darin veröffentlichen? -- [[Spezial:Beiträge/79.168.7.130|79.168.7.130]] 14:24, 30. Apr. 2011 (CEST)
:::Außerdem sollte mal das BVK als RK festgeschrieben werden. Immer diese Diskussionen... [[Benutzer:SteMicha|SteMicha]] 14:25, 30. Apr. 2011 (CEST)
::::Zudem nach dem ersten Anschein ein nicht ganz unbedeutendes Unternehmen [http://www.sueddeutsche.de/muenchen/-jaehrige-uebernimmt-antiquariat-web-und-leder-1.1069904], [http://www.antiquare.de/cms/index.php?id=12 Ehrenmitgliedschaft im Verband deutscher Antiquare] und für die Geschichte des Vebands nicht ganz unwichtige Person [http://www.antiquare.de/cms/index.php?id=11] --[[Benutzer:Small Axe|smax]] 14:29, 30. Apr. 2011 (CEST)
:::::Dann sollte es auch im Artikel stehen --[[Benutzer:Wangen|Wangen]] 14:32, 30. Apr. 2011 (CEST)

Ich hätte schon gerne gewusst, wofür sie die einzelnen Ehrungen erhalten hat, nur dann können sie auch Relevanz erzeugen Die Münchner Ehrung erhält man z.B. auch für 12 Jahre Elternbeirat an einer Volksschule - steht so auf der städtischen Homepage! --[[Benutzer:Wangen|Wangen]] 14:32, 30. Apr. 2011 (CEST)
:Zumindest für Eltern von Einzelkindern ist es ja auch annähernd ein relevanzstiftendes Alleinstellungsmerkmal, wenn der Sproß 12 Jahre lang auf die Volksschule geht :-) [[Benutzer:Aspiriniks|Aspiriniks]] 14:36, 30. Apr. 2011 (CEST)
::Tja, da siehste mal. Ist aber realiter kein großes Problem, z.B. 2 Kinder im Abstand von einigen Jahren und die übliche Karriere eines Elternbeirats, gilt natürlich auch für andere Schulen. --[[Benutzer:Wangen|Wangen]] 14:41, 30. Apr. 2011 (CEST)

Benutzer:Shi Annan/Verfassung von Bangladesch

2010-12-16T20:04:58Z

111.221.0.2:

{{Politics of Bangladesh}}
The '''Constitution of Bangladesh''' ([[Bangla]]:বাংলাদেশের সংবিধান ''Bangladesh Shongbidhan'') is the supreme law of [[Bangladesh]]. It declares Bangladesh as a secular democratic republic where sovereignty belongs the people;<ref>http://www.bdnews24.com/details.php?cid=2&id=175271&hb=4</ref> 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, the day commemorated as [[Victory Day (Bangladesh)|Victory Day]] in the country, marking the defeat of the [[Pakistan Army]] in the [[Bangladesh Liberation War]]. The constitution declares Bangladesh to be a [[unitary state|unitary]], independent and [[sovereign]] [[Republic]], founded on a struggle for national liberation, which will be known as the People's Republic of Bangladesh. It pledges ''[[nationalism]], [[democracy]], [[socialism]] and [[secularity]]'' as the fundamental principles defining the Republic and declares the pursuit of a society that ensures its citizens- ''the rule of law, fundamental human rights and freedoms'' as well as ''equality and justice, political, economic and social.''<ref>http://www.thedailystar.net/newDesign/news-details.php?nid=124641</ref><ref>http://www.thedailystar.net/newDesign/news-details.php?nid=124640</ref><ref>http://www.pmo.gov.bd/pmolib/constitution/</ref>

When enacted in 1972, the Constitution of Bangladesh was hailed by international jurists and legal historians and as one of the most progressive and democratic constitutions in modern history and one that inspired progressive political aspirations among [[third world]] countries and populations struggling for [[self-determination]]. However, amendments during socialist one party and military rule in Bangladesh, radically altered the secular and liberal democratic nature of the constitution. In August, 2005, the Bangladesh High Court passed a landmark judgement that declared constitutional amendments during military rule as illegal and unconstitutional, and hence nullified. After several legal protests, the [[Bangladesh Supreme Court]], in January, 2010, ultimately announced that the historic verdict of the High Court will be upheld.<ref>http://www.thedailystar.net/newDesign/news-details.php?nid=120366</ref> The judgement of Bangladesh's highest courts paved way for the return of the original nature of the constitution, that defines Bangladesh as a secular democracy.<ref>http://www.thedailystar.net/newDesign/news-details.php?nid=124640</ref>

==Background and Spirit==
''See Also: [[Six point movement]], [[Bengali Language Movement]], [[Bangladesh Liberation War]]
[[Image:Flag of Bangladesh (1971).svg|thumb|right|260px|The ideals of the Bangladesh liberation movement inspired the formulation of the Constitution of Bangladesh]]
[[Bangladesh]] was established after [[East Pakistan]] broke away from [[Pakistan]] in 1971 after a twenty five year union that saw widespread economic and political discrimination against the ethnic Bengali majority; suppression of the secular Bengali culture and linguistic heritage; and military rule. In the early years of Pakistan's independence, Bengalis protested against attempts by [[West Pakistan]] to impose [[Urdu]], a language remote to the eastern Indian subcontinent, as the sole state language of Pakistan. The subsequent [[Bengali Language Movement]] in 1952 gave rise to Bengali linguistic and cultural nationalism in the province of [[East Bengal]], as opposed to Islamic nationalism in the rest of Pakistan. Bengali resentment aggravated over the years as the democratically elected provincial governments in East Bengal were dismissed, the name of the province was changed to East Pakistan, greater discrimination prevailed in recruitment and promotions in the civil services and armed forces, harsher restrictions were imposed on secular Bengali culture, economic disparity between East and West Pakistan widened and the increased suppression on Bengali political parties and leaders by the Pakistani military and its [[Islamic fundamentalism|Islamic fundamentalist]] allies.<ref>http://www.newagebd.com/2005/dec/16/vd/01.html</ref>

In the late 1960s, the main Bengali political party, the [[Awami League]], proposed the [[Six point movement|Six Point demands]] as the basis for a new constitution in Pakistan. Drafted by leading Bengali intellectuals and nationalists [[Rehman Sobhan]], [[Govinda Chandra Dev]], [[Mohammad Shamsuzzoha]], [[Kamal Hossain]] and [[Tajuddin Ahmad]], the six points envisioned Pakistan as a [[parliamentary democracy]] where supremacy lies with a legislature directly elected on the basis of [[universal suffrage]]. The Six Points were also based on the Two Economies Theory also evoked, among Bengalis, a nationalistic reminiscence similar to that of the [[Two-Nation Theory]], that drove the founding of Pakistan. It served as the economic justification for [[Bengali nationalism]] and independence from the feudal and military establishment of West Pakistan. The Six point movement would be spearheaded by the charismatic Awami League leader [[Sheikh Mujibur Rahman]] in a popular movement that engulfed the entire province of East Pakistan. Afterwards, Sheikh Mujib along with senior leadership of the Awami League, would be arrested and tried for treason in the [[Agartala Conspiracy Case]]. Sheikh Mujib also placed the proposals at a meeting in 1966, between President Ayub Khan and all other opposition parties. The proposals were rejected by Ayub Khan and all major West Pakistan based political parties.<ref>http://www.cpd-bangladesh.org/activities/rs_book_launch.html</ref>
[[Image:Banglaconstitution.jpg|thumb|right|400px|Members of the Constitution Drafting Committee and national cabinet]]
The tensions provoked by the [[Six point movement]] would contribute to the fall of the [[Ayub Khan]] regime and lead to the [[Pakistani general election, 1970|1970 elections]], which were overwhelmingly won by the Awami League.<ref>(Source G.W. Choudhury (1974) The last days of United Pakistan p128-129)</ref> The subsequent refusals by the Pakistani military to hand over power to the Awami League eventually culminated in the [[Bangladesh Liberation War]]. During the war the Pakistani military again imposed [[martial law]] and committed [[1971 Bangladesh atrocities|wide spread atrocities]] against the Bengali population. They were aided by [[Bangladesh Jamaat-e-Islami|Islamic fundamentalist parties]] and [[Razakars (Bangladesh)|militias]]. The war ended in December, 1971 with the victory of Bengali nationalists and emergence of Bangladesh.<ref>(Source G.W. Choudhury (1974) The last days of United Pakistan p128-129)</ref> In 1972, the 300 members elected to the East Pakistan Legislative Assembly in the 1970 elections, were made members of the Constituent Assembly of Bangladesh. An all-party committee (except Islamic fundamentalist parties) headed by [[Kamal Hossain|Dr. Kamal Hossain]], the Minister of Law in the new government, was tasked to draft the constitution of the new country. The constitution drafting committee consisted of members of all parties in the constituent assembly, including the [[Awami League]], [[National Awami Party]], [[Jatiya Samajtantrik Dal]] and the seven independent lawmakers.

The constitution drafting committee would take inspiration from the intellectual thought that drove the [[Six point movement]] and the [[Bangladesh Liberation War|liberation war]]; the heritage of democratic struggle by Bengalis in the [[Indian Subcontinent]], during both the [[British Raj]] and the Pakistan era; and the secular Bengali culture in formulating the constitution. The drafters of the constitution also identified the features of the Pakistani state that created widespread discontent in its population, particularly the Bengalis. One such feature was the religion based polity that gave opportunity to the military to influence politics. They also felt that religious nationalism failed to establish a sustainable state in Pakistan. Keeping in mind the lack of democracy and powerful influence of the military in Pakistan, the drafters of the constitution envisioned Bangladesh as a [[Secular state|secular]] [[democracy]], in order to establish a progressive and sustainable state.<ref>http://www.newagebd.com/2005/dec/16/vd/01.html</ref>The secular nature of [[Culture of Bengal|Bengali culture]] also served as an important motivation in inspiring a secular state for Bangladesh.
\

== Preamble ==

The preamble to the Constitution of Bangladesh is the introductory statement that sets out the guiding purpose and principles of the document. The preamble is not an integral part of the constitution in the sense that it is enforceable in a court of law.
[[Image:SheikhMujibConstitution.jpg|thumb|right|180px|Prime Minister [[Sheikh Mujibur Rahman]] signing the constitution into law on [[Victory Day (Bangladesh)|Victory Day]], 1972]]
===Full Text===

{{quotation|We, the people of Bangladesh, having proclaimed our Independence on the 26th day of March, 1971 and through a historic struggle for national liberation, established the independent, sovereign People's Republic of Bangladesh;

Pledging that the high ideals of nationalism, democracy, socialism and secularity, which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in the struggle for national liberation, shall be fundamental principles of the Constitution;

Further pledging that it shall be a fundamental aim of the State to realise through the democratic process, a socialist society free from exploitation, a society in which the rule of law, fundamental human rights and freedoms, equality and justice, political, economic and social, will be secured for all citizens;

Affirming that it is our sacred duty to safeguard, protect and defend this Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh so that we may prosper in freedom and may make our full contribution towards international peace and co-operation in keeping with the progressive aspirations of mankind;

In our Constituent Assembly, this eighteenth day of Kartick, 1379 B.S corresponding to the fourth day of November, 1972 A.D., do hereby adopt, enact and give to ourselves this Constitution.}}

==Organs of the State==
As per the constitution of the republic it comprises three basic organs:
# Legislative Branch
# Executive Branch
# Judicial Branch

==Articles==


The constitution of Bangladesh is divided into 11 parts, which are further subdivided into 153 articles. In addition, there are 4 schedules.

===Part I: The Republic===
This section defines the nature of the country, its state religion and other national issues. According to it, Peoples Republic of Bangladesh is a unitary republic consisting of the territories of the former [[East Pakistan]] and also included territories (some enclaves exchanged with [[India]]). The state religion is [[Islam]], but all other religions can be practised in peace and harmony. The state language is [[Bengali language|Bangla]] and the national anthem is the first ten line of the song [[Amar Sonar Bangla]] written by [[Rabindranath Tagore]]. The national flag is a red circle on a green background. The national emblem is the national flower [[Shapla]] (nympoea-nouchali) resting on water, having on each side and ear of paddy and being surmounted by three connected leaves of jute with two stars on each side of the leaves. This section also mandates that the portrait of prime minister must be displayed in all government, semi-government and autonomous offices. The capital of the country is [[Dhaka]]. The citizens are to be known as [[Bangladesh]]is.

Finally Part I asserts that all power belong to the people and the constitution, being the supreme law of the country, will supersede any other laws and regulations.

===Part II: Fundamental principles of state policy===
This part describes the fundamental principles. The original 1972 constitution had 4 basic principles: [[Secularity]], [[Nationalism]], [[Democracy]] and [[Socialism]] (meaning economic and social justice for all). However, later amendments replaced [[Secularity]] with "Absolute trust and faith in the Almighty Allah shall be the basis of all actions."<ref>{{cite web |title=Constitution of Bangladesh: Part II: Fundamental Principles of State Policy |work=Chief Adviser's Office |publisher=Prime Minister's Office. Government of the People's Republic of Bangladesh |url=http://www.pmo.gov.bd/pmolib/constitution/part2.htm#P2 }}</ref>

Part II's article 9, 10, and 11 declares the rights of the people. Article 9 provides guidelines for quotas for the underrepresented communities, women, and peasants. Article 10 states the equal rights of women. Article 11 states that Bangladesh would be a democracy, with guaranteed human rights. Article 13, 14, 15, and 16 deal with principal of ownership, emancipation of workers and peasants, provision of basic necessities, and rural development. Article 17 states that the basic education will be free and compulsory for all children. The remaining articles (18-25) provide various guarantees for public health and morality, equality of opportunity, work as a right and duty, duties of citizens and of public servants, separation of Judiciary from the executive, national culture, national monuments, and promotion of international peace, security and solidarity, respectively.

===Part III: Fundamental rights===
26. Laws inconsistent with fundamental rights to be void.
(1) All existing law inconsistent with the provisions of this Part shall, to the extent of such
inconsistency, become void on the commencement of this Constitution.
(2) The State shall not make any law inconsistent with any provisions of this Part, and any
law so made shall, to the extent of such inconsistency, be void.
(3) Nothing in this article shall apply to any amendment of this Constitution made under
article 142.

27. Equality before law.
All citizens are equal before law and are entitled to equal protection of law.

28. Discrimination on grounds of religion, etc.
(1) The State shall not discriminate against any citizen on grounds only of religion, race
caste, sex or place of birth.
(2) Women shall have equal rights with men in all spheres of the State and of public life.
(3) No citizen shall, on grounds only of religion, race, caste, sex or place of birth be subjected
to any disability, liability, restriction or condition with regard to access to any place
of public entertainment or resort, or admission to any educational institution.
(4) Nothing in this article shall prevent the State from making special provision in favour of
women or children or for the advancement of any backward section of citizens.

29. Equality of opportunity in public employment.
(1) There shall be equality of opportunity for all citizens in respect of employment or office
in the service of the Republic.
(2) No citizen shall, on grounds only of religion, race, caste, sex or place of birth, be ineligible
for, or discriminated against in respect of, any employment or office in the service of the
Republic.
(3) Nothing in this article shall prevent the State from -
(a) making special provision in favour of any backward section of citizens for the purpose
of securing their adequate representation in the service of the Republic;
(b) giving effect to any law which makes provision for reserving appointments relating
to any religious or denominational institution to persons of that religion or denomination;
reserving for members of one sex any class of employment or office on the
ground that it is considered by its nature to be unsuited to members of the opposite
sex.

30. Prohibition of foreign titles, etc.
No citizen shall, without the prior approval of the President, accept any title, honour, award
or decoration from any foreign state.

31. Right to protection of law.
To enjoy the protection of the law, and to be treated in accordance with law, and only in
accordance with law, is the inalienable right of every citizen, wherever he may be, and of
every other person for the time being within Bangladesh, and in particular no action detrimental
to the life, liberty, body, reputation or property of any person shall be taken except in
accordance with law.

32. Protection of right to life and personal liberty.
No person shall be deprived of life or personal liberty save in accordance with law.

33. Safeguards as to arrest and detention.
(1) No person who is arrested shall be detained in custody without being informed, as soon
as may be of the grounds for such arrest, nor shall he be denied the right to consult and be
defended by a legal practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be produced before the nearest
magistrate within a period of twenty four hours of such arrest, excluding the time necessary
for the journey from the place of arrest to the court of the magistrate, and no such person
shall be detained in custody beyond the said period without the authority of a magistrate.
(3) Nothing in clauses (1) and (2) shall apply to any person-
(a) who for the time being is an enemy alien; or
(b) who is arrested or detained under any law providing for preventive detention.
(4) No law providing for preventive detention shall authorise the detention of a person for a
period exceeding six months unless an Advisory Board consisting of three persons, of whom
two shall be persons who are, or have been, or are qualified to be appointed as, Judges of the
Supreme Court and the other shall be a person who is a senior officer in the service of the
Republic, has, after affording him an opportunity of being heard in person, reported before
the expiration of the said period of six months that there is, in its opinion, sufficient cause
for such detention.
(5) When any person is detained in pursuance of an order made under any law providing for
preventive detention, the authority making the order shall, as soon as may be, communicate
to such person the grounds on which the order has been made, and shall afford him the earliest
opportunity of making a representation against the order.
(6) Parliament may be law prescribe the procedure to be followed by an Advisory Board in
an inquiry under clause (4) .

34. Prohibition of forced labour.
(1) All forms of forced labour are prohibited and any contravention of this provision shall be
an offence punishable in accordance with law.
(2) Nothing in this article shall apply to compulsory labour.
(a) by persons undergoing lawful punishment for a criminal offence; or required by any
law for public purpose.

35. Protection in respect of trial and punishment.
(1) No person shall be convicted to any offence except for violation of al law in force at the
time of the commission of the act charged as an offence, nor be subjected to a penalty
greater than, or different from that which might have been inflicted under the law in force at
the time of the commission of the offence.
(2) No person shall be prosecuted and punished for the same offence more than once.
(3) Every person accused of a criminal offence shall have the right to a speedy and public
trial by an independent and impartial court or tribunal established by law.
(4) No person accused of any offence shall be compelled to be a witness against himself.
(5) No person shall be subjected to torture or to cruel, inhuman, or degrading punishment or
treatment.
(6) Nothing in clause (3) or clause (5) shall affect the operation of any existing law which
prescribes any punishment or procedure for trial.

36. Freedom of movement.
Subject to any reasonable restrictions imposed by law in the public interest, every citizen
shall have the right to move freely throughout Bangladesh, to reside and settle in any place
therein and to leave and re-enter Bangladesh.

37. Freedom of assembly.
Every citizen shall have the right to assemble and to participate in public meetings and processions
peacefully and without arms, subject to any reasonable restrictions imposed by law
in the interests of public order health.

38. Freedom of association.
Every citizen shall have the right to form associations or unions, subject to any reasonable
restrictions imposed by law in the interests of morality or public order;

39. Freedom of thought and conscience, and of speech.
(1) Freedom or thought and conscience is guaranteed.
(2) Subject to any reasonable restrictions imposed by law in the interests of the security of
the State, friendly relations with foreign states, public order, decency or morality, or in relation
to contempt of court, defamation or incitement to an offence-
(a) the right of every citizen of freedom of speech and expression; and freedom of the
press, are guaranteed.

40. Freedom of profession or occupation.
Subject to any restrictions imposed by law, every citizen possessing such qualifications, if
any, as may be prescribed by law in relation to his profession, occupation, trade or business
shall have the right to enter upon any lawful profession or occupation, and to conduct any
lawful trade or business.

41. Freedom of religion.
(1) Subject to law, public order and morality-
(a) every citizen has the right to profess, practice or propagate any religion;
(b) every religious community or denomination has the right to establish, maintain and
manage its religious institutions.
(2) No person attending any educational institution shall be required to receive religious
instruction, or to take part in or to attend any religious ceremony or worship, if that instruction,
ceremony or worship relates to a religion other than his own.

42. Rights to property.
(1) Subject to any restrictions imposed by law, every citizen shall have the right to acquire,
hold, transfer or otherwise dispose of property, and no property shall be compulsorily acquired,
nationalised or requisitioned save by authority of law.
(2) A law made under clause (1) shall provide for the acquisition, nationalisation or requisition
with compensation and shall either fix the amount of compensation or specify the principles
on which, and the manner in which, the compensation is to be assessed and paid; but
no such law shall be called in question in any court on the ground that any provision in respect
of such compensation is not adequate.
(3) Nothing in this article shall affect the operation of any law made before the commencement
of the Proclamations (Amendment) Order, 1977 (Proclamations Order No. I of 1977),
in so far as it relates to the acquisition, nationalisation or acquisition of any property without
compensation.

43. Protection of home and correspondence.
Every citizen shall have the right, subject to any reasonable restrictions imposed by law in
the interests of the security of the State, public order, public morality or public health-
(a) to be secured in his home against entry, search and seizure; and to the privacy of his
correspondence and other means of communication.

44. Enforcement of fundamental rights.
(1) The right to move the High Court Division in accordance with clause (I) of article 102
for the enforcement of the rights conferred by this Part of guaranteed.
(2) Without prejudice to the powers of the High Court Division under article 102, Parliament
may be law empower any other court, within the local limits of its jurisdiction, to exercise
all or any of those powers.

45. Modification of rights in respect of disciplinary.
Nothing in this Part shall apply to any provision of a disciplinary law relating to members of
a disciplined force, being a provision limited to the purpose of ensuring the proper discharge
of their duties or the maintenance of discipline in that force.

46. Power to provide indemnity.
Notwithstanding anything in the foregoing provisions of this Part, Parliament may be law
make provision for indemnifying any person in the service of the Republic or any other person
in respect of any act done by him in connection with the national liberation struggle or
the maintenance or restoration of other in any area in Bangladesh or validate any sentence
passed, punishment inflicted, forfeiture ordered, or other act done in any such area.

47. Saving for certain laws.
(1) No law providing for any of the following matters shall be deemed to be void on the
ground that it is inconsistent with, or takes away or abridge, any of the rights guaranteed by
this Part-
(a) the compulsory acquisition, nationalisation or requisition of any property, or the control
or management thereof whether temporarily or permanently;
(b) the compulsory amalgamation of bodies carrying on commercial or other undertakings;
(c) the extinction, modification, restriction or regulation of rights of directors, managers,
agents and officers of any such bodies, or of the voting rights of persons owning
shares or stock (in whatever form) therein;
(d) the extinction, modification, restriction or regulation of rights of search for or win
minerals or mineral oil;
(e) the carrying on by the Government or by a corporation owned, controlled or managed
by the Government, of any trade, business, industry or service to the exclusion,
complete or partial, or other persons; or
(f) the extinction, modification, restriction or regulation of any right to property, any
right in respect of a profession, occupation, trade or business or the rights of employers
or employees in any statutory public authority or in any commercial or industrial
undertaking;
if Parliament in such law (including, in the case of existing law, by amendment) expressly
declares that such provision is made to give effect to any of the fundamental principles of
state policy set out in Part II of this Constitution.
(2) Notwithstanding anything contained in this Constitution the laws specified in the First
Schedule (including any amendment of any such law) shall continue to have full force and
effect, and no provision of any such law, nor anything done or omitted to be done under the
authority of such law, shall be deemed void or unlawful on the ground of inconsistency
with, or repugnance to, any provision of this Constitution; 24 Provided that nothing in this
article shall prevent amendment, modification or repeal of any such law.
(3) Notwithstanding anything contained in this Constitution, no law nor any provision
thereof providing for detention, prosecution or punishment of any person, who is a member
of any armed or defence or auxiliary forces or who is a prisoner of war, for genocide, crimes
against humanity or war crimes and other crimes under international law shall be deemed
void or unlawful, or ever to have become void or unlawful, on the ground that such law or
provision of any such law is inconsistent with, or repugnant to any of the provisions of this
Constitution.

47A. In applicability of certain articles.
(1) The rights guaranteed under article 31. clauses (1) and (3) of article 35 and article 44
shall not apply to any person to whom a law specified in clause (3) of article 47 applies.
(2) Notwithstanding anything contained in this Constitution, no person to whom a law specified
in clause (3) of article 47 applies shall have the right to move the Supreme Court for
any of the remedies under this Constitution.
===Part IXA : EMERGENCY PROVISIONS ===

141A. Proclamation of Emergency
(1) If the President is satisfied that a grave emergency exists in which the security or eco-
nomic life of Bangladesh, or any part thereof, is threatened by war or external aggression or
internal disturbance, he may issue a Proclamation of Emergency:
Provided that such Proclamation shall require for its validity the prior counter signature of
the Prime Minister.

(2) A Proclamation of Emergency-
(a) may be revoked by a subsequent Proclamation;
(b) shall be laid before Parliament;
(c) shall cease to operate at the expiration of one hundred and twenty days, unless before the
expiration of that period it has been approved by a resolution of Parliament:
Provided that if any such Proclamation is issued at a time when Parliament stands dissolved
or the dissolution of Parliament takes place during the period of one hundred and twenty
days referred to in sub-clause (c), the Proclamation shall cease to operate at the expiration of
thirty days from the date on which Parliament first meets after its re-constitution, unless be-
fore that expiration of the meets after its re-constitution, unless before that expiration of the
said period of thirty days a resolution approving the Proclamation has been passed by Par-
liament.

(3) A Proclamation of Emergency declaring that the security of Bangladesh, or any part
thereof, is threatened by war or external aggression or by internal disturbance may be made
before the actual occurrence of war or any such aggression or disturbance if the President is
satisfied that there is imminent danger thereof.

141B. Suspension of provisions of certain articles during emergencies
While a Proclamation of Emergency is in operation, nothing in articles 36, 37, 38, 39, 40
and 42 shall restrict the power of the State to make any law or to take any executive action
which the State would, but for the provisions contained in Part III of this Constitution, be
competent to make or to take, but any law so made shall, to the extent of the incompetence,
cease to have effect as soon as the Proclamation ceases to operate, except as respects things
done or omitted to be done before the law so ceases to have effect.

141C. Suspenion of enforcement of fundamental right during emergencies
(1) While a Proclamation of Emergency is in operation, the President may, 89 on the written
advice of the Prime Minister, by order , declare that the right to move any court for the en-
forcement of such of the rights conferred by Part III of this Constitution as may be specified
in the order, and all proceedings pending in any court for the enforcement of the right so specified, shall remain suspended for the period during which the Proclamation is in force or for such shorter period as may be specified in the order.

(2) An order made under this article may extend to the whole of Bangladesh or any part thereof.

(3) Every order made under this article shall, as soon as may be, be laid before Parliament.
===Part X : AMENDMENT OF THE CONSTITUTION ===

142. Power to amend any provision of the Constitution
(1) Notwithstanding anything contained in this Constitution-
(a) any provision thereof may by 92 amended by way of addition, alteration, substitution or
repeal by Act of Parliament:
Provided that-
(i) no Bill for such amendment 91* * shall be allowed to proceed unless the long title
thereof expressly states that it will amend 91* * a provision of the Constitution;
(ii) no such Bill shall be presented to the President for assent unless it is passed by
the votes of not less than two-thirds of the total number of members of Parliament;
(b) when a Bill passed as aforesaid is presented to the President for his assent he shall,
within the period of seven days after the Bill is presented to him assent to the Bill, and if he
fails so to do he shall be deemed to have assented to it on the expiration of that period.

(1A) Notwithstanding anything contained in clause (1), when a Bill, passed as a aforesaid,,
which provides for the amendment of the Preamble or any provisions of articles 8, 48, 56 or
this article, is presented to the President for assent, the President, shall within the period of
seven days, after the Bill is presented to him, cause to be referred to a referendum the ques-
tion whether the Bill should or should not be assented to.

(1B) A referendum under this article shall be conducted by the Election Commission, within
such period and in such manner as may be provided by law, amongst the person enrolled on
the electoral roll prepared for the purpose of election to Parliament.

(1C) On the day on which the result of the referendum conducted in relation to a Bill under
this article is declared, the President shal be deemed to have-
(a) assented to the Bill, if the majority of the total votes cast are in favour of the Bill being
assented to; or
(b) Withheld assent therefrom, if the majority of the total votes cast are not in favour of the
Bill being assented to.

1D) Nothing in clause (1C) shall be deemed to be an expression of confidence or no-
confidence in the Cabinet or Parliament

(2) Nothing in article 26 shall apply to any amendment made under this article.
=== Commencement, citation and authenticity (Last article)===
153. Commencement, citation and authenticity
(1) This Constitution may be cited as the Constitution of the People's Republic of Bangla-
desh and shall come into force on the sixteenth day of December, 1972, in this Constitution
referred to as the commencement of this Constitution.

(2) There shall be an authentic text of this Constitution in Bengali, and an authentic text of
an authorised translation in English, both of which shall be certified as such by the Speaker
of the Constituent Assembly.
(3) A text certified in accordance with clause (2) shall be conclusive evidence of the provi-
sions of this Constitution:
Provided that in the event of conflict between the Bengali and the English text, the Bengali
text shall prevail.

==Amendments==
'''Constitutional Amendments''': The Constitution of the People's Republic of Bangladesh has been amended 14 times. some of the amendments are still under debate. Namely,4th,5th,7th,8th and 14th amendment. The following is a brief account of these acts and orders.
===14 amendments in brief===
'''First Amendment Act''' The Constitution (First Amendment) Act 1973 was passed on 15 July 1973. It amended Article 47 of the constitution by inserting an additional clause which allowed prosecution and punishment of any person accused of 'genocide, crimes against humanity or war crimes and other crimes under international law'. After Article 47 it inserted a new Article 47A specifying inapplicability of certain fundamental rights in those cases.

'''Second Amendment Act''' The Constitution (Second Amendment) Act 1973 was passed on 22 September 1973. This act resulted in the (i) amendment of Articles 26, 63, 72 and 142 of the constitution; (ii) substitution of Article 33 and (iii) the insertion of a new part ie IXA in the constitution. Provisions were made through this amendment for the suspension of some fundamental rights of citizens in an emergency.

'''Third Amendment Act''' The Constitution (Third Amendment) Act 1974 was enacted on 28 November 1974 by bringing in changes in Article 2 of the constitution with a view to giving effect to an agreement between Bangladesh and India in respect of exchange of certain enclaves and fixation of boundary lines between India and Bangladesh .

'''Fourth Amendment Act''' The Constitution (Fourth Amendment) Act 1975 was passed on 25 January 1975. Major changes were brought into the constitution by this amendment. The presidential form of government was introduced in place of 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. This Act (i) 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; (ii) substituted Articles 44, 70, 102, 115 and 124 of the constitution; (iii) amended part III of the constitution out of existence; (iv) altered the Third and Fourth Schedule; (v) extended the term of the first Jatiya Sangsad; (vi) made special provisions relating to the office of the president and its incumbent; (vii) inserted a new part, ie part VIA in the constitution and (viii) inserted articles 73A and 116A in the constitution.

'''Fifth Amendment Act''' This 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.

'''Sixth Amendment Act''' The Sixth Amendment Act was enacted by the Jatiya Sangsad with a view to amending Articles 51 and 66 of the 1981 constitution.

'''Seventh Amendment Act''' This Act was passed on 11 November 1986. It amended Article 96 of the constitution; it also amended the Fourth Schedule to the constitution by inserting a new paragraph 19 thereto, providing among others that all proclamations, proclamation orders, Chief Martial Law Administrator's Orders, Martial Law Regulations, Martial Law Orders, Martial Law Instructions, ordinances and other laws made during the period between 24 March 1982 and 11 November 1986 (both days inclusive) had been validly made and would not be called in question in or before any court or tribunal or authority on any ground whatsoever.

'''Eighth Amendment Act''' This Amendment Act was passed on 7 June 1988. It amended Articles 2, 3, 5, 30 and 100 of the constitution. This Amendment Act (i) declared islam as the state religion; (ii) decentralised the judiciary by setting up six permanent benches of the High Court Division outside Dhaka; (iii) amended the word 'Bengali' into 'Bangla' and 'Dacca' into 'Dhaka' in Article 5 of the constitution; (iv) amended Article 30 of the constitution by prohibiting acceptance of any title, honours, award or decoration from any foreign state by any citizen of Bangladesh without the prior approval of the president. It may be noted here that the Supreme Court subsequently declared the amendment of Article 100 unconstitutional since it had altered the basic structure of the constitution.

'''Ninth Amendment Act''' The Constitution (Ninth Amendment) Act 1989 was passed in July 1989. This amendment provided for the direct election of the vice-president; it restricted a person in holding the office of the president for two consecutive terms of five years each; it also provided that a vice-president might be appointed in case of a vacancy, but the appointment must be approved by the Jatiya Sangsad.

'''Tenth Amendment Act''' The Tenth Amendment Act was enacted on 12 June 1990. It amended, among others, Article 65 of the constitution, providing for reservation of thirty seats for the next 10 years in the Jatiya Sangsad exclusively for women members, to be elected by the members of the Sangsad.

'''Eleventh Amendment Act''' This Act was passed on 6 August 1991. It amended the Fourth Schedule to the constitution by adding a new paragraph 21 thereto which legalised the appointment and oath of shahabuddin ahmed, Chief Justice of Bangladesh, as the vice-president of the Republic and the resignation tendered to him on 6 December 1990 by the then President hussain m ershad. This Act ratified, confirmed and validated all powers exercised, all laws and ordinances promulgated, all orders made and acts and things done, and actions and proceedings taken by the vice-president as acting president during the period between 6 December 1990 and the day (9 October 1991) of taking over the office of the president by the new President abdur rahman biswas, duly elected under the amended provisions of the constitution. The Act also confirmed and made possible the return of vice-president Shahabuddin Ahmed to his previous position of the Chief Justice of Bangladesh.

'''Twelfth Amendment Act''' This Amendment Act, known as the most important landmark in the history of constitutional development in Bangladesh, was passed on 6 August 1991. It amended Articles 48, 55, 56, 57, 58, 59, 60, 70, 72, 109, 119, 124, 141A and 142. Through this amendment the parliamentary form of government was re-introduced in Bangladesh; the president became the constitutional head of the state; the prime minister became the executive head; the cabinet headed by the prime minister became responsible to the Jatiya Sangsad; the post of the vice-president was abolished; the president was required to be elected by the members of the Jatiya Sangsad. Moreover, through Article 59 of the constitution this act ensured the participation of the people's representatives in local government bodies, thus stabilising the base of democracy in the country.

'''Thirteenth Amendment Act''' The Constitution (Thirteenth Amendment) Act 1996 was passed on 26 March 1996. It provided for a non-party caretaker government which, acting as an interim government, would give all possible aid and assistance to the Election Commission for holding the general election of members of the Jatiya Sangsad peacefully, fairly and impartially. The non-party caretaker government, comprising the Chief Adviser and not more than 10 other advisers, would be collectively responsible to the president and would stand dissolved on the date on which the prime minister entered upon his office after the constitution of the new Sangsad.<ref>http://www.banglapedia.org/httpdocs/HT/C_0336.HTM</ref>

'''Fourteenth Amendment Act''' The Constitution (Fourteenth Amendment) Act,2004 was passed on 16th May, 2004.This amendment amends the several articles.
1. Insertion of new Article 4 A after Article 4 for preservation and display of the portraits of the President and the Prime Minister.
2. Amendment of clause (3) of Article 65 in the Constitution regarding reserved number of seats exclusively for women members in the Parliament.
3. Amendment of Article 96 (1), 129 and 139 of the constitution enhancing the retirement age of the Judges of the Supreme Court, Auditor General and Chairman & other members of Public Service Commission.
3 (i) Enhancement of retirement age of the supreme Court Judges. It becomes very controversial later.
3 (ii) Enhancement of retirement age of the Auditor General and Chairman & Member of P.S.C.
4. Amendment of Article 148 of the Constitution making provision for administering oath of the newly elected members of the Parliament by the Chief Election Commissioner is unprecedented.

===Fifth Amendment almost repealed===
In 1977, when Bangladesh was under [[martial law]], [[President of Bangladesh|President]] and [[Chief Martial Law Administrator]] Lieutenant General [[Ziaur Rahman]] passed a presidential decree that removed the principle of secularism from the permeable of the constitution and instead of it, placed ''"absolute trust and faith in the Almighty Allah"''. The decree was later legitimized by the second parliament of Bangladesh.

In January, 2010, the [[Bangladesh Supreme Court]] observed that parliament does not possess any authority to suspend the constitution and proclaim martial law and hence, it cannot legitimize actions of martial law regimes. The judgment paved way for restoring the original four fundamental principles declared in the permeable of the constitution, including secularity.<ref>http://www.thedailystar.net/newDesign/latest_news.php?nid=21972</ref><ref>http://www.thedailystar.net/newDesign/latest_news.php?nid=21979</ref>

The Supreme Court followed with a July 2010 ruling scrapping provisions which allowed religious parties to flourish after 1979. The ruling is expected to pave the way for a return to complete secularism in Bangladeshi law. <ref>http://www.google.com/hostednews/afp/article/ALeqM5h_5T_bgbToWaGqK2gxXACMFuySog</ref>

'''Bangladesh Constitution and its Drawback'''
Bangladesh Constitution is not the result of a day. After a bloody war the brave Bangladeshi freedom fighter gains Independence. After this victory, the Constituent Assembly adopted the Constitution on 4 November 1972 and it came into force on 16 December of the same year. Constitution is the mother law of a country. It contains 153 Article, one preamble and four schedules. It is important to mention that there are several Articles where the original sprit of the Constitution is hampered. Those are given below.

'''Article 10''' of the Bangladesh Constitution provides that, Steps shall be taken to ensure participation of women in all spheres of national life. And '''Article 19''' also provides that, The State shall endeavor to ensure equality of opportunity to all citizens and shall adopt effective measures to remove social and economic inequality between man and man and to ensure the equitable distribution of wealth among citizens, and of opportunities in order to attain a uniform level of economic development throughout the Republic. '''Article 28''' provides that, The State shall not discriminate against any citizen on grounds only of religion, race caste, sex or place of birth. Women shall have equal rights with men in all spheres of the State and of public life. No citizen shall, on grounds only of religion, race, caste, sex or place of birth be subjected to any disability, liability, restriction or condition with regard to access to any place of public entertainment or resort, or admission to any educational institution. Under Article 10 Government arrange Quota for woman in each Government service. But Article 19 and 28 refers to the equal right for all citizens. Here when special quota is given to the woman then which equality is maintained by the Government. Though '''Article 29 (3) (a)''' empower the Government to making special provision in favour of any backward section of citizens for the purpose of securing their adequate representation in the service of the Republic. And in '''Article 65 (3)''' a provision was inserted that is (Fourteenth Amendment) Act, 2004, there shall be reserved forty five seats exclusively for women members and they will be elected by the aforesaid members in accordance with law on the basis of procedure of proportional representation in the Parliament through single transferable vote: Provided that nothing in this clause shall be deemed to prevent a woman from being elected to any of the seats provided for in clause (2) of this article. Those Articles is for the adequate representation in the service of the Republic and representation in the Parliament but it creates discrimination because Article 29 is not bad but Article 65 is very bad in that scene one day it will be seen that the leady member overcome the male Member of Parliament. Then another amendment will necessary to representation in the Parliament for male. It is necessary to aware the members of parliament not to amend the Constitution again and again.

'''Article 32''' provides that; No person shall be deprived of life or personal liberty save in accordance with law. And
'''Article 33 provides that;'''(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the magistrate, and no such person shall be detained in custody beyond the said period without the authority of a magistrate.
(3) Nothing in clauses (1) and (2) shall apply to any person-
(a) Who for the time being is an enemy alien; or
(b) Who is arrested or detained under any law providing for preventive detention.
(4) No law providing for preventive detention shall authorize the detention of a person for a period exceeding six months unless an Advisory Board consisting of three persons, of whom two shall be persons who are, or have been, or are qualified to be appointed as, Judges of the Supreme Court and the other shall be a person who is a senior officer in the service of the Republic, has, after affording him an opportunity of being heard in person, reported before the expiration of the said period of six months that there is, in its opinion, sufficient cause for such detention.
(5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order.
(6) Parliament may be law prescribes the procedure to be followed by an Advisory Board in an inquiry under clause (4). But Article 141 A, B, C is the ante Article of those.
According to the '''Article 141A''';
(1) If the President is satisfied that a grave emergency exists in which the security or economic life of Bangladesh, or any part thereof, is threatened by war or external aggression or internal disturbance, he may issue a Proclamation of Emergency:
Provided that such Proclamation shall require for its validity the prior counter signature of the Prime Minister.
(2) A Proclamation of Emergency-
(a) May be revoked by a subsequent Proclamation;
(b) Shall be laid before Parliament;
(c) Shall cease to operate at the expiration of one hundred and twenty days, unless before the expiration of that period it has been approved by a resolution of Parliament:
Provided that if any such Proclamation is issued at a time when Parliament stands dissolved or the dissolution of Parliament takes place during the period of one hundred and twenty days referred to in sub-clause (c), the Proclamation shall cease to operate at the expiration of thirty days from the date on which Parliament first meets after its re-constitution, unless before that expiration of the meets after its re-constitution, unless before that expiration of the said period of thirty days a resolution approving the Proclamation has been passed by Parliament.

(3) A Proclamation of Emergency declaring that the security of Bangladesh, or any part thereof, is threatened by war or external aggression or by internal disturbance may be made before the actual occurrence of war or any such aggression or disturbance if the President is satisfied that there is imminent danger thereof.

'''According to Article 141B;'''While a Proclamation of Emergency is in operation, nothing in articles 36, 37, 38, 39, 40 and 42 shall restrict the power of the State to make any law or to take any executive action which the State would, but for the provisions contained in Part III of this Constitution, be competent to make or to take, but any law so made shall, to the extent of the incompetence, cease to have effect as soon as the Proclamation ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect.
'''According to Article 141C;'''(1) While a Proclamation of Emergency is in operation, the President may, 89 on the written advice of the Prime Minister, by order , declare that the right to move any court for the enforcement of such of the rights conferred by Part III of this Constitution as may be specified in the order, and all proceedings pending in any court for the enforcement of the right so specified, shall remain suspended for the period during which the Proclamation is in force or for such shorter period as may be specified in the order.
(2) An order made under this article may extend to the whole of Bangladesh or any part thereof.
(3) Every order made under this article shall, as soon as may be, be laid before Parliament.

So the power of emergency is vested to the political parties and they can use it for their interest. Since 1971 to present several time emergency was imposed but almost all is for their political interest. Those Articles restricted several Articles and also the Medias freedom also restricted so what is and will happened no one can know.

'''Part four''' of the Bangladesh Constitution is everything but nothing. Here Article 48 to 54 provides the powers and functions of the President. But except Article 96 (1) and 56 (3) President is nominal and has a power but no right to use such powers.

'''Article 70''' is another anti defection law in Bangladesh. This Article provides that;
(1) A person elected as a Member of Parliament at an election at which he was nominated as a candidate by a political party shall vacate his seat if he resigns from that party or votes in Parliament against the party.
Explanation: If a member of Parliament-
(a) being present in Parliament abstains from voting, or
(b) absents himself from any sitting of Parliament, ignoring the direction of the party which nominated him at the election as a candidate not to do so, he shall be deemed to have voted against that party.
(2) If, at any time, any question as to the leadership of the Parliamentary party of a political party arises, the Speaker shall, within seven days of being informed of it in writing by a person claming the leadership of the majority of the members of that party in Parliament, convince a meeting of all members of Parliament of that party in accordance with the Rules of procedure of Parliament and determine its Parliamentary leadership by the votes of the majority through division and if, in the matter of voting in Parliament, any member does not comply with the direction of the leadership so determined, he shall be deemed to have voted against that party under clause (1) and shall vacate his seat in the Parliament.
(3) If a person, after being elected a Member of Parliament as an independent candidate, joins any political party, he shall, for the purpose of this article, be deemed to have been elected as a nominee of that Party.

So the Parliament Member can’t speak against the wrong decisions of the Government and Article 29 again restricted under this provision.

'''Article 78:''' Privileges and immunities of Parliament and members
(1) The validity of the proceedings in Parliament shall not be questioned in any court.
(2) A member or officer of Parliament in whom powers are vested for the regulation of procedure, the conduct of business or the maintenance of order in Parliament, shall not in relation to the exercise by him of any such powers be subject to the jurisdiction of any court.
(3) A Member of Parliament shall not be liable to proceedings in any court in respect of anything said, or any vote given, by him in Parliament or in any committed thereof. (4) A person shall not be liable to proceedings in any court in respect of the publication by or under the authority of Parliament of any report, paper, vote or proceeding. (5) Subject to this article, the privileges of Parliament and of its committees and members may be determined by Act of Parliament.
Here the Parliament members are free from any kinds of responsibility for that abuse of the parliament is happening.

Those are the main drawback of the Bangladesh Constitution. Though it is drawback but if we aware against our right and liabilities then we cant do anything which is against our country as well as ours people.

==See also==
* [[Bangladesh]]
* [[Constitution]]
* [[Constitutional law]]
* [[Constitutional economics]]
* [[Constitutionalism]]

==References==
<references/>

==External links==
*[http://www.pmo.gov.bd/pmolib/constitution/ To see the '''Full text of the constitution''']

{{Asia topic|Constitution of}}

[[Category:Government of Bangladesh]]
[[Category:Constitutions by country|Bangladesh]]

[[bn:বাংলাদেশের সংবিধান]]
[[id:Konstitusi Bangladesh]]

Benutzer:Shi Annan/Verfassung von Bangladesch

2010-12-16T20:01:26Z

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{{Politics of Bangladesh}}
The '''Constitution of Bangladesh''' ([[Bangla]]:বাংলাদেশের সংবিধান ''Bangladesh Shongbidhan'') is the supreme law of [[Bangladesh]]. It declares Bangladesh as a secular democratic republic where sovereignty belongs the people;<ref>http://www.bdnews24.com/details.php?cid=2&id=175271&hb=4</ref> 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, the day commemorated as [[Victory Day (Bangladesh)|Victory Day]] in the country, marking the defeat of the [[Pakistan Army]] in the [[Bangladesh Liberation War]]. The constitution declares Bangladesh to be a [[unitary state|unitary]], independent and [[sovereign]] [[Republic]], founded on a struggle for national liberation, which will be known as the People's Republic of Bangladesh. It pledges ''[[nationalism]], [[democracy]], [[socialism]] and [[secularity]]'' as the fundamental principles defining the Republic and declares the pursuit of a society that ensures its citizens- ''the rule of law, fundamental human rights and freedoms'' as well as ''equality and justice, political, economic and social.''<ref>http://www.thedailystar.net/newDesign/news-details.php?nid=124641</ref><ref>http://www.thedailystar.net/newDesign/news-details.php?nid=124640</ref><ref>http://www.pmo.gov.bd/pmolib/constitution/</ref>

When enacted in 1972, the Constitution of Bangladesh was hailed by international jurists and legal historians and as one of the most progressive and democratic constitutions in modern history and one that inspired progressive political aspirations among [[third world]] countries and populations struggling for [[self-determination]]. However, amendments during socialist one party and military rule in Bangladesh, radically altered the secular and liberal democratic nature of the constitution. In August, 2005, the Bangladesh High Court passed a landmark judgement that declared constitutional amendments during military rule as illegal and unconstitutional, and hence nullified. After several legal protests, the [[Bangladesh Supreme Court]], in January, 2010, ultimately announced that the historic verdict of the High Court will be upheld.<ref>http://www.thedailystar.net/newDesign/news-details.php?nid=120366</ref> The judgement of Bangladesh's highest courts paved way for the return of the original nature of the constitution, that defines Bangladesh as a secular democracy.<ref>http://www.thedailystar.net/newDesign/news-details.php?nid=124640</ref>

==Background and Spirit==
''See Also: [[Six point movement]], [[Bengali Language Movement]], [[Bangladesh Liberation War]]
[[Image:Flag of Bangladesh (1971).svg|thumb|right|260px|The ideals of the Bangladesh liberation movement inspired the formulation of the Constitution of Bangladesh]]
[[Bangladesh]] was established after [[East Pakistan]] broke away from [[Pakistan]] in 1971 after a twenty five year union that saw widespread economic and political discrimination against the ethnic Bengali majority; suppression of the secular Bengali culture and linguistic heritage; and military rule. In the early years of Pakistan's independence, Bengalis protested against attempts by [[West Pakistan]] to impose [[Urdu]], a language remote to the eastern Indian subcontinent, as the sole state language of Pakistan. The subsequent [[Bengali Language Movement]] in 1952 gave rise to Bengali linguistic and cultural nationalism in the province of [[East Bengal]], as opposed to Islamic nationalism in the rest of Pakistan. Bengali resentment aggravated over the years as the democratically elected provincial governments in East Bengal were dismissed, the name of the province was changed to East Pakistan, greater discrimination prevailed in recruitment and promotions in the civil services and armed forces, harsher restrictions were imposed on secular Bengali culture, economic disparity between East and West Pakistan widened and the increased suppression on Bengali political parties and leaders by the Pakistani military and its [[Islamic fundamentalism|Islamic fundamentalist]] allies.<ref>http://www.newagebd.com/2005/dec/16/vd/01.html</ref>

In the late 1960s, the main Bengali political party, the [[Awami League]], proposed the [[Six point movement|Six Point demands]] as the basis for a new constitution in Pakistan. Drafted by leading Bengali intellectuals and nationalists [[Rehman Sobhan]], [[Govinda Chandra Dev]], [[Mohammad Shamsuzzoha]], [[Kamal Hossain]] and [[Tajuddin Ahmad]], the six points envisioned Pakistan as a [[parliamentary democracy]] where supremacy lies with a legislature directly elected on the basis of [[universal suffrage]]. The Six Points were also based on the Two Economies Theory coined by economist Rehman Sobhan.<ref>http://www.cpd-bangladesh.org/activities/rs_book_launch.html</ref> The theory argued that West and East Pakistan have essentially two different economies lying in different regions and with different characteristics, and therefore power cannot be vested with the central government. It argued that the survival of the union between East and West Pakistan depended on establishing a federation that guaranteed considerable economic and political autonomy for each province. But the Two-Economies Theory also evoked, among Bengalis, a nationalistic reminiscence similar to that of the [[Two-Nation Theory]], that drove the founding of Pakistan. It served as the economic justification for [[Bengali nationalism]] and independence from the feudal and military establishment of West Pakistan. The Six point movement would be spearheaded by the charismatic Awami League leader [[Sheikh Mujibur Rahman]] in a popular movement that engulfed the entire province of East Pakistan. Afterwards, Sheikh Mujib along with senior leadership of the Awami League, would be arrested and tried for treason in the [[Agartala Conspiracy Case]]. Sheikh Mujib also placed the proposals at a meeting in 1966, between President Ayub Khan and all other opposition parties. The proposals were rejected by Ayub Khan and all major West Pakistan based political parties.<ref>http://www.cpd-bangladesh.org/activities/rs_book_launch.html</ref>
[[Image:Banglaconstitution.jpg|thumb|right|400px|Members of the Constitution Drafting Committee and national cabinet]]
The tensions provoked by the [[Six point movement]] would contribute to the fall of the [[Ayub Khan]] regime and lead to the [[Pakistani general election, 1970|1970 elections]], which were overwhelmingly won by the Awami League.<ref>(Source G.W. Choudhury (1974) The last days of United Pakistan p128-129)</ref> The subsequent refusals by the Pakistani military to hand over power to the Awami League eventually culminated in the [[Bangladesh Liberation War]]. During the war the Pakistani military again imposed [[martial law]] and committed [[1971 Bangladesh atrocities|wide spread atrocities]] against the Bengali population. They were aided by [[Bangladesh Jamaat-e-Islami|Islamic fundamentalist parties]] and [[Razakars (Bangladesh)|militias]]. The war ended in December, 1971 with the victory of Bengali nationalists and emergence of Bangladesh.<ref>(Source G.W. Choudhury (1974) The last days of United Pakistan p128-129)</ref> In 1972, the 300 members elected to the East Pakistan Legislative Assembly in the 1970 elections, were made members of the Constituent Assembly of Bangladesh. An all-party committee (except Islamic fundamentalist parties) headed by [[Kamal Hossain|Dr. Kamal Hossain]], the Minister of Law in the new government, was tasked to draft the constitution of the new country. The constitution drafting committee consisted of members of all parties in the constituent assembly, including the [[Awami League]], [[National Awami Party]], [[Jatiya Samajtantrik Dal]] and the seven independent lawmakers.

The constitution drafting committee would take inspiration from the intellectual thought that drove the [[Six point movement]] and the [[Bangladesh Liberation War|liberation war]]; the heritage of democratic struggle by Bengalis in the [[Indian Subcontinent]], during both the [[British Raj]] and the Pakistan era; and the secular Bengali culture in formulating the constitution. The drafters of the constitution also identified the features of the Pakistani state that created widespread discontent in its population, particularly the Bengalis. One such feature was the religion based polity that gave opportunity to the military to influence politics. They also felt that religious nationalism failed to establish a sustainable state in Pakistan. Keeping in mind the lack of democracy and powerful influence of the military in Pakistan, the drafters of the constitution envisioned Bangladesh as a [[Secular state|secular]] [[democracy]], in order to establish a progressive and sustainable state.<ref>http://www.newagebd.com/2005/dec/16/vd/01.html</ref>The secular nature of [[Culture of Bengal|Bengali culture]] also served as an important motivation in inspiring a secular state for Bangladesh.
\

== Preamble ==

The preamble to the Constitution of Bangladesh is the introductory statement that sets out the guiding purpose and principles of the document. The preamble is not an integral part of the constitution in the sense that it is enforceable in a court of law.
[[Image:SheikhMujibConstitution.jpg|thumb|right|180px|Prime Minister [[Sheikh Mujibur Rahman]] signing the constitution into law on [[Victory Day (Bangladesh)|Victory Day]], 1972]]
===Full Text===

{{quotation|We, the people of Bangladesh, having proclaimed our Independence on the 26th day of March, 1971 and through a historic struggle for national liberation, established the independent, sovereign People's Republic of Bangladesh;

Pledging that the high ideals of nationalism, secularity, democracy and socialism, which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in the struggle for national liberation, shall be fundamental principles of the Constitution;

Further pledging that it shall be a fundamental aim of the State to realise through the democratic process, a socialist society free from exploitation, a society in which the rule of law, fundamental human rights and freedoms, equality and justice, political, economic and social, will be secured for all citizens;

Affirming that it is our sacred duty to safeguard, protect and defend this Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh so that we may prosper in freedom and may make our full contribution towards international peace and co-operation in keeping with the progressive aspirations of mankind;

In our Constituent Assembly, this eighteenth day of Kartick, 1379 B.S corresponding to the fourth day of November, 1972 A.D., do hereby adopt, enact and give to ourselves this Constitution.}}

==Organs of the State==
As per the constitution of the republic it comprises three basic organs:
# Legislative Branch
# Executive Branch
# Judicial Branch

==Articles==


The constitution of Bangladesh is divided into 11 parts, which are further subdivided into 153 articles. In addition, there are 4 schedules.

===Part I: The Republic===
This section defines the nature of the country, its state religion and other national issues. According to it, Peoples Republic of Bangladesh is a unitary republic consisting of the territories of the former [[East Pakistan]] and also included territories (some enclaves exchanged with [[India]]). The state religion is [[Islam]], but all other religions can be practised in peace and harmony. The state language is [[Bengali language|Bangla]] and the national anthem is the first ten line of the song [[Amar Sonar Bangla]] written by [[Rabindranath Tagore]]. The national flag is a red circle on a green background. The national emblem is the national flower [[Shapla]] (nympoea-nouchali) resting on water, having on each side and ear of paddy and being surmounted by three connected leaves of jute with two stars on each side of the leaves. This section also mandates that the portrait of prime minister must be displayed in all government, semi-government and autonomous offices. The capital of the country is [[Dhaka]]. The citizens are to be known as [[Bangladesh]]is.

Finally Part I asserts that all power belong to the people and the constitution, being the supreme law of the country, will supersede any other laws and regulations.

===Part II: Fundamental principles of state policy===
This part describes the fundamental principles. The original 1972 constitution had 4 basic principles: [[Secularity]], [[Nationalism]], [[Democracy]] and [[Socialism]] (meaning economic and social justice for all). However, later amendments replaced [[Secularity]] with "Absolute trust and faith in the Almighty Allah shall be the basis of all actions."<ref>{{cite web |title=Constitution of Bangladesh: Part II: Fundamental Principles of State Policy |work=Chief Adviser's Office |publisher=Prime Minister's Office. Government of the People's Republic of Bangladesh |url=http://www.pmo.gov.bd/pmolib/constitution/part2.htm#P2 }}</ref>

Part II's article 9, 10, and 11 declares the rights of the people. Article 9 provides guidelines for quotas for the underrepresented communities, women, and peasants. Article 10 states the equal rights of women. Article 11 states that Bangladesh would be a democracy, with guaranteed human rights. Article 13, 14, 15, and 16 deal with principal of ownership, emancipation of workers and peasants, provision of basic necessities, and rural development. Article 17 states that the basic education will be free and compulsory for all children. The remaining articles (18-25) provide various guarantees for public health and morality, equality of opportunity, work as a right and duty, duties of citizens and of public servants, separation of Judiciary from the executive, national culture, national monuments, and promotion of international peace, security and solidarity, respectively.

===Part III: Fundamental rights===
26. Laws inconsistent with fundamental rights to be void.
(1) All existing law inconsistent with the provisions of this Part shall, to the extent of such
inconsistency, become void on the commencement of this Constitution.
(2) The State shall not make any law inconsistent with any provisions of this Part, and any
law so made shall, to the extent of such inconsistency, be void.
(3) Nothing in this article shall apply to any amendment of this Constitution made under
article 142.

27. Equality before law.
All citizens are equal before law and are entitled to equal protection of law.

28. Discrimination on grounds of religion, etc.
(1) The State shall not discriminate against any citizen on grounds only of religion, race
caste, sex or place of birth.
(2) Women shall have equal rights with men in all spheres of the State and of public life.
(3) No citizen shall, on grounds only of religion, race, caste, sex or place of birth be subjected
to any disability, liability, restriction or condition with regard to access to any place
of public entertainment or resort, or admission to any educational institution.
(4) Nothing in this article shall prevent the State from making special provision in favour of
women or children or for the advancement of any backward section of citizens.

29. Equality of opportunity in public employment.
(1) There shall be equality of opportunity for all citizens in respect of employment or office
in the service of the Republic.
(2) No citizen shall, on grounds only of religion, race, caste, sex or place of birth, be ineligible
for, or discriminated against in respect of, any employment or office in the service of the
Republic.
(3) Nothing in this article shall prevent the State from -
(a) making special provision in favour of any backward section of citizens for the purpose
of securing their adequate representation in the service of the Republic;
(b) giving effect to any law which makes provision for reserving appointments relating
to any religious or denominational institution to persons of that religion or denomination;
reserving for members of one sex any class of employment or office on the
ground that it is considered by its nature to be unsuited to members of the opposite
sex.

30. Prohibition of foreign titles, etc.
No citizen shall, without the prior approval of the President, accept any title, honour, award
or decoration from any foreign state.

31. Right to protection of law.
To enjoy the protection of the law, and to be treated in accordance with law, and only in
accordance with law, is the inalienable right of every citizen, wherever he may be, and of
every other person for the time being within Bangladesh, and in particular no action detrimental
to the life, liberty, body, reputation or property of any person shall be taken except in
accordance with law.

32. Protection of right to life and personal liberty.
No person shall be deprived of life or personal liberty save in accordance with law.

33. Safeguards as to arrest and detention.
(1) No person who is arrested shall be detained in custody without being informed, as soon
as may be of the grounds for such arrest, nor shall he be denied the right to consult and be
defended by a legal practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be produced before the nearest
magistrate within a period of twenty four hours of such arrest, excluding the time necessary
for the journey from the place of arrest to the court of the magistrate, and no such person
shall be detained in custody beyond the said period without the authority of a magistrate.
(3) Nothing in clauses (1) and (2) shall apply to any person-
(a) who for the time being is an enemy alien; or
(b) who is arrested or detained under any law providing for preventive detention.
(4) No law providing for preventive detention shall authorise the detention of a person for a
period exceeding six months unless an Advisory Board consisting of three persons, of whom
two shall be persons who are, or have been, or are qualified to be appointed as, Judges of the
Supreme Court and the other shall be a person who is a senior officer in the service of the
Republic, has, after affording him an opportunity of being heard in person, reported before
the expiration of the said period of six months that there is, in its opinion, sufficient cause
for such detention.
(5) When any person is detained in pursuance of an order made under any law providing for
preventive detention, the authority making the order shall, as soon as may be, communicate
to such person the grounds on which the order has been made, and shall afford him the earliest
opportunity of making a representation against the order.
(6) Parliament may be law prescribe the procedure to be followed by an Advisory Board in
an inquiry under clause (4) .

34. Prohibition of forced labour.
(1) All forms of forced labour are prohibited and any contravention of this provision shall be
an offence punishable in accordance with law.
(2) Nothing in this article shall apply to compulsory labour.
(a) by persons undergoing lawful punishment for a criminal offence; or required by any
law for public purpose.

35. Protection in respect of trial and punishment.
(1) No person shall be convicted to any offence except for violation of al law in force at the
time of the commission of the act charged as an offence, nor be subjected to a penalty
greater than, or different from that which might have been inflicted under the law in force at
the time of the commission of the offence.
(2) No person shall be prosecuted and punished for the same offence more than once.
(3) Every person accused of a criminal offence shall have the right to a speedy and public
trial by an independent and impartial court or tribunal established by law.
(4) No person accused of any offence shall be compelled to be a witness against himself.
(5) No person shall be subjected to torture or to cruel, inhuman, or degrading punishment or
treatment.
(6) Nothing in clause (3) or clause (5) shall affect the operation of any existing law which
prescribes any punishment or procedure for trial.

36. Freedom of movement.
Subject to any reasonable restrictions imposed by law in the public interest, every citizen
shall have the right to move freely throughout Bangladesh, to reside and settle in any place
therein and to leave and re-enter Bangladesh.

37. Freedom of assembly.
Every citizen shall have the right to assemble and to participate in public meetings and processions
peacefully and without arms, subject to any reasonable restrictions imposed by law
in the interests of public order health.

38. Freedom of association.
Every citizen shall have the right to form associations or unions, subject to any reasonable
restrictions imposed by law in the interests of morality or public order;

39. Freedom of thought and conscience, and of speech.
(1) Freedom or thought and conscience is guaranteed.
(2) Subject to any reasonable restrictions imposed by law in the interests of the security of
the State, friendly relations with foreign states, public order, decency or morality, or in relation
to contempt of court, defamation or incitement to an offence-
(a) the right of every citizen of freedom of speech and expression; and freedom of the
press, are guaranteed.

40. Freedom of profession or occupation.
Subject to any restrictions imposed by law, every citizen possessing such qualifications, if
any, as may be prescribed by law in relation to his profession, occupation, trade or business
shall have the right to enter upon any lawful profession or occupation, and to conduct any
lawful trade or business.

41. Freedom of religion.
(1) Subject to law, public order and morality-
(a) every citizen has the right to profess, practice or propagate any religion;
(b) every religious community or denomination has the right to establish, maintain and
manage its religious institutions.
(2) No person attending any educational institution shall be required to receive religious
instruction, or to take part in or to attend any religious ceremony or worship, if that instruction,
ceremony or worship relates to a religion other than his own.

42. Rights to property.
(1) Subject to any restrictions imposed by law, every citizen shall have the right to acquire,
hold, transfer or otherwise dispose of property, and no property shall be compulsorily acquired,
nationalised or requisitioned save by authority of law.
(2) A law made under clause (1) shall provide for the acquisition, nationalisation or requisition
with compensation and shall either fix the amount of compensation or specify the principles
on which, and the manner in which, the compensation is to be assessed and paid; but
no such law shall be called in question in any court on the ground that any provision in respect
of such compensation is not adequate.
(3) Nothing in this article shall affect the operation of any law made before the commencement
of the Proclamations (Amendment) Order, 1977 (Proclamations Order No. I of 1977),
in so far as it relates to the acquisition, nationalisation or acquisition of any property without
compensation.

43. Protection of home and correspondence.
Every citizen shall have the right, subject to any reasonable restrictions imposed by law in
the interests of the security of the State, public order, public morality or public health-
(a) to be secured in his home against entry, search and seizure; and to the privacy of his
correspondence and other means of communication.

44. Enforcement of fundamental rights.
(1) The right to move the High Court Division in accordance with clause (I) of article 102
for the enforcement of the rights conferred by this Part of guaranteed.
(2) Without prejudice to the powers of the High Court Division under article 102, Parliament
may be law empower any other court, within the local limits of its jurisdiction, to exercise
all or any of those powers.

45. Modification of rights in respect of disciplinary.
Nothing in this Part shall apply to any provision of a disciplinary law relating to members of
a disciplined force, being a provision limited to the purpose of ensuring the proper discharge
of their duties or the maintenance of discipline in that force.

46. Power to provide indemnity.
Notwithstanding anything in the foregoing provisions of this Part, Parliament may be law
make provision for indemnifying any person in the service of the Republic or any other person
in respect of any act done by him in connection with the national liberation struggle or
the maintenance or restoration of other in any area in Bangladesh or validate any sentence
passed, punishment inflicted, forfeiture ordered, or other act done in any such area.

47. Saving for certain laws.
(1) No law providing for any of the following matters shall be deemed to be void on the
ground that it is inconsistent with, or takes away or abridge, any of the rights guaranteed by
this Part-
(a) the compulsory acquisition, nationalisation or requisition of any property, or the control
or management thereof whether temporarily or permanently;
(b) the compulsory amalgamation of bodies carrying on commercial or other undertakings;
(c) the extinction, modification, restriction or regulation of rights of directors, managers,
agents and officers of any such bodies, or of the voting rights of persons owning
shares or stock (in whatever form) therein;
(d) the extinction, modification, restriction or regulation of rights of search for or win
minerals or mineral oil;
(e) the carrying on by the Government or by a corporation owned, controlled or managed
by the Government, of any trade, business, industry or service to the exclusion,
complete or partial, or other persons; or
(f) the extinction, modification, restriction or regulation of any right to property, any
right in respect of a profession, occupation, trade or business or the rights of employers
or employees in any statutory public authority or in any commercial or industrial
undertaking;
if Parliament in such law (including, in the case of existing law, by amendment) expressly
declares that such provision is made to give effect to any of the fundamental principles of
state policy set out in Part II of this Constitution.
(2) Notwithstanding anything contained in this Constitution the laws specified in the First
Schedule (including any amendment of any such law) shall continue to have full force and
effect, and no provision of any such law, nor anything done or omitted to be done under the
authority of such law, shall be deemed void or unlawful on the ground of inconsistency
with, or repugnance to, any provision of this Constitution; 24 Provided that nothing in this
article shall prevent amendment, modification or repeal of any such law.
(3) Notwithstanding anything contained in this Constitution, no law nor any provision
thereof providing for detention, prosecution or punishment of any person, who is a member
of any armed or defence or auxiliary forces or who is a prisoner of war, for genocide, crimes
against humanity or war crimes and other crimes under international law shall be deemed
void or unlawful, or ever to have become void or unlawful, on the ground that such law or
provision of any such law is inconsistent with, or repugnant to any of the provisions of this
Constitution.

47A. In applicability of certain articles.
(1) The rights guaranteed under article 31. clauses (1) and (3) of article 35 and article 44
shall not apply to any person to whom a law specified in clause (3) of article 47 applies.
(2) Notwithstanding anything contained in this Constitution, no person to whom a law specified
in clause (3) of article 47 applies shall have the right to move the Supreme Court for
any of the remedies under this Constitution.
===Part IXA : EMERGENCY PROVISIONS ===

141A. Proclamation of Emergency
(1) If the President is satisfied that a grave emergency exists in which the security or eco-
nomic life of Bangladesh, or any part thereof, is threatened by war or external aggression or
internal disturbance, he may issue a Proclamation of Emergency:
Provided that such Proclamation shall require for its validity the prior counter signature of
the Prime Minister.

(2) A Proclamation of Emergency-
(a) may be revoked by a subsequent Proclamation;
(b) shall be laid before Parliament;
(c) shall cease to operate at the expiration of one hundred and twenty days, unless before the
expiration of that period it has been approved by a resolution of Parliament:
Provided that if any such Proclamation is issued at a time when Parliament stands dissolved
or the dissolution of Parliament takes place during the period of one hundred and twenty
days referred to in sub-clause (c), the Proclamation shall cease to operate at the expiration of
thirty days from the date on which Parliament first meets after its re-constitution, unless be-
fore that expiration of the meets after its re-constitution, unless before that expiration of the
said period of thirty days a resolution approving the Proclamation has been passed by Par-
liament.

(3) A Proclamation of Emergency declaring that the security of Bangladesh, or any part
thereof, is threatened by war or external aggression or by internal disturbance may be made
before the actual occurrence of war or any such aggression or disturbance if the President is
satisfied that there is imminent danger thereof.

141B. Suspension of provisions of certain articles during emergencies
While a Proclamation of Emergency is in operation, nothing in articles 36, 37, 38, 39, 40
and 42 shall restrict the power of the State to make any law or to take any executive action
which the State would, but for the provisions contained in Part III of this Constitution, be
competent to make or to take, but any law so made shall, to the extent of the incompetence,
cease to have effect as soon as the Proclamation ceases to operate, except as respects things
done or omitted to be done before the law so ceases to have effect.

141C. Suspenion of enforcement of fundamental right during emergencies
(1) While a Proclamation of Emergency is in operation, the President may, 89 on the written
advice of the Prime Minister, by order , declare that the right to move any court for the en-
forcement of such of the rights conferred by Part III of this Constitution as may be specified
in the order, and all proceedings pending in any court for the enforcement of the right so specified, shall remain suspended for the period during which the Proclamation is in force or for such shorter period as may be specified in the order.

(2) An order made under this article may extend to the whole of Bangladesh or any part thereof.

(3) Every order made under this article shall, as soon as may be, be laid before Parliament.
===Part X : AMENDMENT OF THE CONSTITUTION ===

142. Power to amend any provision of the Constitution
(1) Notwithstanding anything contained in this Constitution-
(a) any provision thereof may by 92 amended by way of addition, alteration, substitution or
repeal by Act of Parliament:
Provided that-
(i) no Bill for such amendment 91* * shall be allowed to proceed unless the long title
thereof expressly states that it will amend 91* * a provision of the Constitution;
(ii) no such Bill shall be presented to the President for assent unless it is passed by
the votes of not less than two-thirds of the total number of members of Parliament;
(b) when a Bill passed as aforesaid is presented to the President for his assent he shall,
within the period of seven days after the Bill is presented to him assent to the Bill, and if he
fails so to do he shall be deemed to have assented to it on the expiration of that period.

(1A) Notwithstanding anything contained in clause (1), when a Bill, passed as a aforesaid,,
which provides for the amendment of the Preamble or any provisions of articles 8, 48, 56 or
this article, is presented to the President for assent, the President, shall within the period of
seven days, after the Bill is presented to him, cause to be referred to a referendum the ques-
tion whether the Bill should or should not be assented to.

(1B) A referendum under this article shall be conducted by the Election Commission, within
such period and in such manner as may be provided by law, amongst the person enrolled on
the electoral roll prepared for the purpose of election to Parliament.

(1C) On the day on which the result of the referendum conducted in relation to a Bill under
this article is declared, the President shal be deemed to have-
(a) assented to the Bill, if the majority of the total votes cast are in favour of the Bill being
assented to; or
(b) Withheld assent therefrom, if the majority of the total votes cast are not in favour of the
Bill being assented to.

1D) Nothing in clause (1C) shall be deemed to be an expression of confidence or no-
confidence in the Cabinet or Parliament

(2) Nothing in article 26 shall apply to any amendment made under this article.
=== Commencement, citation and authenticity (Last article)===
153. Commencement, citation and authenticity
(1) This Constitution may be cited as the Constitution of the People's Republic of Bangla-
desh and shall come into force on the sixteenth day of December, 1972, in this Constitution
referred to as the commencement of this Constitution.

(2) There shall be an authentic text of this Constitution in Bengali, and an authentic text of
an authorised translation in English, both of which shall be certified as such by the Speaker
of the Constituent Assembly.
(3) A text certified in accordance with clause (2) shall be conclusive evidence of the provi-
sions of this Constitution:
Provided that in the event of conflict between the Bengali and the English text, the Bengali
text shall prevail.

==Amendments==
'''Constitutional Amendments''': The Constitution of the People's Republic of Bangladesh has been amended 14 times. some of the amendments are still under debate. Namely,4th,5th,7th,8th and 14th amendment. The following is a brief account of these acts and orders.
===14 amendments in brief===
'''First Amendment Act''' The Constitution (First Amendment) Act 1973 was passed on 15 July 1973. It amended Article 47 of the constitution by inserting an additional clause which allowed prosecution and punishment of any person accused of 'genocide, crimes against humanity or war crimes and other crimes under international law'. After Article 47 it inserted a new Article 47A specifying inapplicability of certain fundamental rights in those cases.

'''Second Amendment Act''' The Constitution (Second Amendment) Act 1973 was passed on 22 September 1973. This act resulted in the (i) amendment of Articles 26, 63, 72 and 142 of the constitution; (ii) substitution of Article 33 and (iii) the insertion of a new part ie IXA in the constitution. Provisions were made through this amendment for the suspension of some fundamental rights of citizens in an emergency.

'''Third Amendment Act''' The Constitution (Third Amendment) Act 1974 was enacted on 28 November 1974 by bringing in changes in Article 2 of the constitution with a view to giving effect to an agreement between Bangladesh and India in respect of exchange of certain enclaves and fixation of boundary lines between India and Bangladesh .

'''Fourth Amendment Act''' The Constitution (Fourth Amendment) Act 1975 was passed on 25 January 1975. Major changes were brought into the constitution by this amendment. The presidential form of government was introduced in place of 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. This Act (i) 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; (ii) substituted Articles 44, 70, 102, 115 and 124 of the constitution; (iii) amended part III of the constitution out of existence; (iv) altered the Third and Fourth Schedule; (v) extended the term of the first Jatiya Sangsad; (vi) made special provisions relating to the office of the president and its incumbent; (vii) inserted a new part, ie part VIA in the constitution and (viii) inserted articles 73A and 116A in the constitution.

'''Fifth Amendment Act''' This 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.

'''Sixth Amendment Act''' The Sixth Amendment Act was enacted by the Jatiya Sangsad with a view to amending Articles 51 and 66 of the 1981 constitution.

'''Seventh Amendment Act''' This Act was passed on 11 November 1986. It amended Article 96 of the constitution; it also amended the Fourth Schedule to the constitution by inserting a new paragraph 19 thereto, providing among others that all proclamations, proclamation orders, Chief Martial Law Administrator's Orders, Martial Law Regulations, Martial Law Orders, Martial Law Instructions, ordinances and other laws made during the period between 24 March 1982 and 11 November 1986 (both days inclusive) had been validly made and would not be called in question in or before any court or tribunal or authority on any ground whatsoever.

'''Eighth Amendment Act''' This Amendment Act was passed on 7 June 1988. It amended Articles 2, 3, 5, 30 and 100 of the constitution. This Amendment Act (i) declared islam as the state religion; (ii) decentralised the judiciary by setting up six permanent benches of the High Court Division outside Dhaka; (iii) amended the word 'Bengali' into 'Bangla' and 'Dacca' into 'Dhaka' in Article 5 of the constitution; (iv) amended Article 30 of the constitution by prohibiting acceptance of any title, honours, award or decoration from any foreign state by any citizen of Bangladesh without the prior approval of the president. It may be noted here that the Supreme Court subsequently declared the amendment of Article 100 unconstitutional since it had altered the basic structure of the constitution.

'''Ninth Amendment Act''' The Constitution (Ninth Amendment) Act 1989 was passed in July 1989. This amendment provided for the direct election of the vice-president; it restricted a person in holding the office of the president for two consecutive terms of five years each; it also provided that a vice-president might be appointed in case of a vacancy, but the appointment must be approved by the Jatiya Sangsad.

'''Tenth Amendment Act''' The Tenth Amendment Act was enacted on 12 June 1990. It amended, among others, Article 65 of the constitution, providing for reservation of thirty seats for the next 10 years in the Jatiya Sangsad exclusively for women members, to be elected by the members of the Sangsad.

'''Eleventh Amendment Act''' This Act was passed on 6 August 1991. It amended the Fourth Schedule to the constitution by adding a new paragraph 21 thereto which legalised the appointment and oath of shahabuddin ahmed, Chief Justice of Bangladesh, as the vice-president of the Republic and the resignation tendered to him on 6 December 1990 by the then President hussain m ershad. This Act ratified, confirmed and validated all powers exercised, all laws and ordinances promulgated, all orders made and acts and things done, and actions and proceedings taken by the vice-president as acting president during the period between 6 December 1990 and the day (9 October 1991) of taking over the office of the president by the new President abdur rahman biswas, duly elected under the amended provisions of the constitution. The Act also confirmed and made possible the return of vice-president Shahabuddin Ahmed to his previous position of the Chief Justice of Bangladesh.

'''Twelfth Amendment Act''' This Amendment Act, known as the most important landmark in the history of constitutional development in Bangladesh, was passed on 6 August 1991. It amended Articles 48, 55, 56, 57, 58, 59, 60, 70, 72, 109, 119, 124, 141A and 142. Through this amendment the parliamentary form of government was re-introduced in Bangladesh; the president became the constitutional head of the state; the prime minister became the executive head; the cabinet headed by the prime minister became responsible to the Jatiya Sangsad; the post of the vice-president was abolished; the president was required to be elected by the members of the Jatiya Sangsad. Moreover, through Article 59 of the constitution this act ensured the participation of the people's representatives in local government bodies, thus stabilising the base of democracy in the country.

'''Thirteenth Amendment Act''' The Constitution (Thirteenth Amendment) Act 1996 was passed on 26 March 1996. It provided for a non-party caretaker government which, acting as an interim government, would give all possible aid and assistance to the Election Commission for holding the general election of members of the Jatiya Sangsad peacefully, fairly and impartially. The non-party caretaker government, comprising the Chief Adviser and not more than 10 other advisers, would be collectively responsible to the president and would stand dissolved on the date on which the prime minister entered upon his office after the constitution of the new Sangsad.<ref>http://www.banglapedia.org/httpdocs/HT/C_0336.HTM</ref>

'''Fourteenth Amendment Act''' The Constitution (Fourteenth Amendment) Act,2004 was passed on 16th May, 2004.This amendment amends the several articles.
1. Insertion of new Article 4 A after Article 4 for preservation and display of the portraits of the President and the Prime Minister.
2. Amendment of clause (3) of Article 65 in the Constitution regarding reserved number of seats exclusively for women members in the Parliament.
3. Amendment of Article 96 (1), 129 and 139 of the constitution enhancing the retirement age of the Judges of the Supreme Court, Auditor General and Chairman & other members of Public Service Commission.
3 (i) Enhancement of retirement age of the supreme Court Judges. It becomes very controversial later.
3 (ii) Enhancement of retirement age of the Auditor General and Chairman & Member of P.S.C.
4. Amendment of Article 148 of the Constitution making provision for administering oath of the newly elected members of the Parliament by the Chief Election Commissioner is unprecedented.

===Fifth Amendment almost repealed===
In 1977, when Bangladesh was under [[martial law]], [[President of Bangladesh|President]] and [[Chief Martial Law Administrator]] Lieutenant General [[Ziaur Rahman]] passed a presidential decree that removed the principle of secularism from the permeable of the constitution and instead of it, placed ''"absolute trust and faith in the Almighty Allah"''. The decree was later legitimized by the second parliament of Bangladesh.

In January, 2010, the [[Bangladesh Supreme Court]] observed that parliament does not possess any authority to suspend the constitution and proclaim martial law and hence, it cannot legitimize actions of martial law regimes. The judgment paved way for restoring the original four fundamental principles declared in the permeable of the constitution, including secularity.<ref>http://www.thedailystar.net/newDesign/latest_news.php?nid=21972</ref><ref>http://www.thedailystar.net/newDesign/latest_news.php?nid=21979</ref>

The Supreme Court followed with a July 2010 ruling scrapping provisions which allowed religious parties to flourish after 1979. The ruling is expected to pave the way for a return to complete secularism in Bangladeshi law. <ref>http://www.google.com/hostednews/afp/article/ALeqM5h_5T_bgbToWaGqK2gxXACMFuySog</ref>

'''Bangladesh Constitution and its Drawback'''
Bangladesh Constitution is not the result of a day. After a bloody war the brave Bangladeshi freedom fighter gains Independence. After this victory, the Constituent Assembly adopted the Constitution on 4 November 1972 and it came into force on 16 December of the same year. Constitution is the mother law of a country. It contains 153 Article, one preamble and four schedules. It is important to mention that there are several Articles where the original sprit of the Constitution is hampered. Those are given below.

'''Article 10''' of the Bangladesh Constitution provides that, Steps shall be taken to ensure participation of women in all spheres of national life. And '''Article 19''' also provides that, The State shall endeavor to ensure equality of opportunity to all citizens and shall adopt effective measures to remove social and economic inequality between man and man and to ensure the equitable distribution of wealth among citizens, and of opportunities in order to attain a uniform level of economic development throughout the Republic. '''Article 28''' provides that, The State shall not discriminate against any citizen on grounds only of religion, race caste, sex or place of birth. Women shall have equal rights with men in all spheres of the State and of public life. No citizen shall, on grounds only of religion, race, caste, sex or place of birth be subjected to any disability, liability, restriction or condition with regard to access to any place of public entertainment or resort, or admission to any educational institution. Under Article 10 Government arrange Quota for woman in each Government service. But Article 19 and 28 refers to the equal right for all citizens. Here when special quota is given to the woman then which equality is maintained by the Government. Though '''Article 29 (3) (a)''' empower the Government to making special provision in favour of any backward section of citizens for the purpose of securing their adequate representation in the service of the Republic. And in '''Article 65 (3)''' a provision was inserted that is (Fourteenth Amendment) Act, 2004, there shall be reserved forty five seats exclusively for women members and they will be elected by the aforesaid members in accordance with law on the basis of procedure of proportional representation in the Parliament through single transferable vote: Provided that nothing in this clause shall be deemed to prevent a woman from being elected to any of the seats provided for in clause (2) of this article. Those Articles is for the adequate representation in the service of the Republic and representation in the Parliament but it creates discrimination because Article 29 is not bad but Article 65 is very bad in that scene one day it will be seen that the leady member overcome the male Member of Parliament. Then another amendment will necessary to representation in the Parliament for male. It is necessary to aware the members of parliament not to amend the Constitution again and again.

'''Article 32''' provides that; No person shall be deprived of life or personal liberty save in accordance with law. And
'''Article 33 provides that;'''(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the magistrate, and no such person shall be detained in custody beyond the said period without the authority of a magistrate.
(3) Nothing in clauses (1) and (2) shall apply to any person-
(a) Who for the time being is an enemy alien; or
(b) Who is arrested or detained under any law providing for preventive detention.
(4) No law providing for preventive detention shall authorize the detention of a person for a period exceeding six months unless an Advisory Board consisting of three persons, of whom two shall be persons who are, or have been, or are qualified to be appointed as, Judges of the Supreme Court and the other shall be a person who is a senior officer in the service of the Republic, has, after affording him an opportunity of being heard in person, reported before the expiration of the said period of six months that there is, in its opinion, sufficient cause for such detention.
(5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order.
(6) Parliament may be law prescribes the procedure to be followed by an Advisory Board in an inquiry under clause (4). But Article 141 A, B, C is the ante Article of those.
According to the '''Article 141A''';
(1) If the President is satisfied that a grave emergency exists in which the security or economic life of Bangladesh, or any part thereof, is threatened by war or external aggression or internal disturbance, he may issue a Proclamation of Emergency:
Provided that such Proclamation shall require for its validity the prior counter signature of the Prime Minister.
(2) A Proclamation of Emergency-
(a) May be revoked by a subsequent Proclamation;
(b) Shall be laid before Parliament;
(c) Shall cease to operate at the expiration of one hundred and twenty days, unless before the expiration of that period it has been approved by a resolution of Parliament:
Provided that if any such Proclamation is issued at a time when Parliament stands dissolved or the dissolution of Parliament takes place during the period of one hundred and twenty days referred to in sub-clause (c), the Proclamation shall cease to operate at the expiration of thirty days from the date on which Parliament first meets after its re-constitution, unless before that expiration of the meets after its re-constitution, unless before that expiration of the said period of thirty days a resolution approving the Proclamation has been passed by Parliament.

(3) A Proclamation of Emergency declaring that the security of Bangladesh, or any part thereof, is threatened by war or external aggression or by internal disturbance may be made before the actual occurrence of war or any such aggression or disturbance if the President is satisfied that there is imminent danger thereof.

'''According to Article 141B;'''While a Proclamation of Emergency is in operation, nothing in articles 36, 37, 38, 39, 40 and 42 shall restrict the power of the State to make any law or to take any executive action which the State would, but for the provisions contained in Part III of this Constitution, be competent to make or to take, but any law so made shall, to the extent of the incompetence, cease to have effect as soon as the Proclamation ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect.
'''According to Article 141C;'''(1) While a Proclamation of Emergency is in operation, the President may, 89 on the written advice of the Prime Minister, by order , declare that the right to move any court for the enforcement of such of the rights conferred by Part III of this Constitution as may be specified in the order, and all proceedings pending in any court for the enforcement of the right so specified, shall remain suspended for the period during which the Proclamation is in force or for such shorter period as may be specified in the order.
(2) An order made under this article may extend to the whole of Bangladesh or any part thereof.
(3) Every order made under this article shall, as soon as may be, be laid before Parliament.

So the power of emergency is vested to the political parties and they can use it for their interest. Since 1971 to present several time emergency was imposed but almost all is for their political interest. Those Articles restricted several Articles and also the Medias freedom also restricted so what is and will happened no one can know.

'''Part four''' of the Bangladesh Constitution is everything but nothing. Here Article 48 to 54 provides the powers and functions of the President. But except Article 96 (1) and 56 (3) President is nominal and has a power but no right to use such powers.

'''Article 70''' is another anti defection law in Bangladesh. This Article provides that;
(1) A person elected as a Member of Parliament at an election at which he was nominated as a candidate by a political party shall vacate his seat if he resigns from that party or votes in Parliament against the party.
Explanation: If a member of Parliament-
(a) being present in Parliament abstains from voting, or
(b) absents himself from any sitting of Parliament, ignoring the direction of the party which nominated him at the election as a candidate not to do so, he shall be deemed to have voted against that party.
(2) If, at any time, any question as to the leadership of the Parliamentary party of a political party arises, the Speaker shall, within seven days of being informed of it in writing by a person claming the leadership of the majority of the members of that party in Parliament, convince a meeting of all members of Parliament of that party in accordance with the Rules of procedure of Parliament and determine its Parliamentary leadership by the votes of the majority through division and if, in the matter of voting in Parliament, any member does not comply with the direction of the leadership so determined, he shall be deemed to have voted against that party under clause (1) and shall vacate his seat in the Parliament.
(3) If a person, after being elected a Member of Parliament as an independent candidate, joins any political party, he shall, for the purpose of this article, be deemed to have been elected as a nominee of that Party.

So the Parliament Member can’t speak against the wrong decisions of the Government and Article 29 again restricted under this provision.

'''Article 78:''' Privileges and immunities of Parliament and members
(1) The validity of the proceedings in Parliament shall not be questioned in any court.
(2) A member or officer of Parliament in whom powers are vested for the regulation of procedure, the conduct of business or the maintenance of order in Parliament, shall not in relation to the exercise by him of any such powers be subject to the jurisdiction of any court.
(3) A Member of Parliament shall not be liable to proceedings in any court in respect of anything said, or any vote given, by him in Parliament or in any committed thereof. (4) A person shall not be liable to proceedings in any court in respect of the publication by or under the authority of Parliament of any report, paper, vote or proceeding. (5) Subject to this article, the privileges of Parliament and of its committees and members may be determined by Act of Parliament.
Here the Parliament members are free from any kinds of responsibility for that abuse of the parliament is happening.

Those are the main drawback of the Bangladesh Constitution. Though it is drawback but if we aware against our right and liabilities then we cant do anything which is against our country as well as ours people.

==See also==
* [[Bangladesh]]
* [[Constitution]]
* [[Constitutional law]]
* [[Constitutional economics]]
* [[Constitutionalism]]

==References==
<references/>

==External links==
*[http://www.pmo.gov.bd/pmolib/constitution/ To see the '''Full text of the constitution''']

{{Asia topic|Constitution of}}

[[Category:Government of Bangladesh]]
[[Category:Constitutions by country|Bangladesh]]

[[bn:বাংলাদেশের সংবিধান]]
[[id:Konstitusi Bangladesh]]

Benutzer:Shi Annan/Verfassung von Bangladesch

2010-11-30T11:45:01Z

111.221.0.2:

{{Politics of Bangladesh}}
The '''Constitution of Bangladesh''' ([[Bangla]]:বাংলাদেশের সংবিধান ''Bangladesh Shongbidhan'') is the supreme law of [[Bangladesh]]. It declares Bangladesh as a secular democratic republic where sovereignty belongs the people;<ref>http://www.bdnews24.com/details.php?cid=2&id=175271&hb=4</ref> 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, the day commemorated as [[Victory Day (Bangladesh)|Victory Day]] in the country, marking the defeat of the [[Pakistan Army]] in the [[Bangladesh Liberation War]]. The constitution declares Bangladesh to be a [[unitary state|unitary]], independent and [[sovereign]] [[Republic]], founded on a struggle for national liberation, which will be known as the People's Republic of Bangladesh. It pledges ''[[nationalism]], [[secularity]], [[democracy]] and [[socialism]]'' as the fundamental principles defining the Republic and declares the pursuit of a society that ensures its citizens- ''the rule of law, fundamental human rights and freedoms'' as well as ''equality and justice, political, economic and social.''<ref>http://www.thedailystar.net/newDesign/news-details.php?nid=124641</ref><ref>http://www.thedailystar.net/newDesign/news-details.php?nid=124640</ref><ref>http://www.pmo.gov.bd/pmolib/constitution/</ref>

When enacted in 1972, the Constitution of Bangladesh was hailed by international jurists and legal historians and as one of the most progressive and democratic constitutions in modern history and one that inspired progressive political aspirations among [[third world]] countries and populations struggling for [[self-determination]]. However, amendments during socialist one party and military rule in Bangladesh, radically altered the secular and liberal democratic nature of the constitution. In August, 2005, the Bangladesh High Court passed a landmark judgement that declared constitutional amendments during military rule as illegal and unconstitutional, and hence nullified. After several legal protests, the [[Bangladesh Supreme Court]], in January, 2010, ultimately announced that the historic verdict of the High Court will be upheld.<ref>http://www.thedailystar.net/newDesign/news-details.php?nid=120366</ref> The judgement of Bangladesh's highest courts paved way for the return of the original nature of the constitution, that defines Bangladesh as a secular democracy.<ref>http://www.thedailystar.net/newDesign/news-details.php?nid=124640</ref>

==Background and Spirit==
''See Also: [[Six point movement]], [[Bengali Language Movement]], [[Bangladesh Liberation War]]
[[Image:Flag of Bangladesh (1971).svg|thumb|right|260px|The ideals of the Bangladesh liberation movement inspired the formulation of the Constitution of Bangladesh]]
[[Bangladesh]] was established after [[East Pakistan]] broke away from [[Pakistan]] in 1971 after a twenty five year union that saw widespread economic and political discrimination against the ethnic Bengali majority; suppression of the secular Bengali culture and linguistic heritage; and military rule. In the early years of Pakistan's independence, Bengalis protested against attempts by [[West Pakistan]] to impose [[Urdu]], a language remote to the eastern Indian subcontinent, as the sole state language of Pakistan. The subsequent [[Bengali Language Movement]] in 1952 gave rise to Bengali linguistic and cultural nationalism in the province of [[East Bengal]], as opposed to Islamic nationalism in the rest of Pakistan. Bengali resentment aggravated over the years as the democratically elected provincial governments in East Bengal were dismissed, the name of the province was changed to East Pakistan, greater discrimination prevailed in recruitment and promotions in the civil services and armed forces, harsher restrictions were imposed on secular Bengali culture, economic disparity between East and West Pakistan widened and the increased suppression on Bengali political parties and leaders by the Pakistani military and its [[Islamic fundamentalism|Islamic fundamentalist]] allies.<ref>http://www.newagebd.com/2005/dec/16/vd/01.html</ref>

In the late 1960s, the main Bengali political party, the [[Awami League]], proposed the [[Six point movement|Six Point demands]] as the basis for a new constitution in Pakistan. Drafted by leading Bengali intellectuals and nationalists [[Rehman Sobhan]], [[Govinda Chandra Dev]], [[Mohammad Shamsuzzoha]], [[Kamal Hossain]] and [[Tajuddin Ahmad]], the six points envisioned Pakistan as a [[parliamentary democracy]] where supremacy lies with a legislature directly elected on the basis of [[universal suffrage]]. The Six Points were also based on the Two Economies Theory coined by economist Rehman Sobhan.<ref>http://www.cpd-bangladesh.org/activities/rs_book_launch.html</ref> The theory argued that West and East Pakistan have essentially two different economies lying in different regions and with different characteristics, and therefore power cannot be vested with the central government. It argued that the survival of the union between East and West Pakistan depended on establishing a federation that guaranteed considerable economic and political autonomy for each province. But the Two-Economies Theory also evoked, among Bengalis, a nationalistic reminiscence similar to that of the [[Two-Nation Theory]], that drove the founding of Pakistan. It served as the economic justification for [[Bengali nationalism]] and independence from the feudal and military establishment of West Pakistan. The Six point movement would be spearheaded by the charismatic Awami League leader [[Sheikh Mujibur Rahman]] in a popular movement that engulfed the entire province of East Pakistan. Afterwards, Sheikh Mujib along with senior leadership of the Awami League, would be arrested and tried for treason in the [[Agartala Conspiracy Case]]. Sheikh Mujib also placed the proposals at a meeting in 1966, between President Ayub Khan and all other opposition parties. The proposals were rejected by Ayub Khan and all major West Pakistan based political parties.<ref>http://www.cpd-bangladesh.org/activities/rs_book_launch.html</ref>
[[Image:Banglaconstitution.jpg|thumb|right|400px|Members of the Constitution Drafting Committee and national cabinet]]
The tensions provoked by the [[Six point movement]] would contribute to the fall of the [[Ayub Khan]] regime and lead to the [[Pakistani general election, 1970|1970 elections]], which were overwhelmingly won by the Awami League.<ref>(Source G.W. Choudhury (1974) The last days of United Pakistan p128-129)</ref> The subsequent refusals by the Pakistani military to hand over power to the Awami League eventually culminated in the [[Bangladesh Liberation War]]. During the war the Pakistani military again imposed [[martial law]] and committed [[1971 Bangladesh atrocities|wide spread atrocities]] against the Bengali population. They were aided by [[Bangladesh Jamaat-e-Islami|Islamic fundamentalist parties]] and [[Razakars (Bangladesh)|militias]]. The war ended in December, 1971 with the victory of Bengali nationalists and emergence of Bangladesh.<ref>(Source G.W. Choudhury (1974) The last days of United Pakistan p128-129)</ref> In 1972, the 300 members elected to the East Pakistan Legislative Assembly in the 1970 elections, were made members of the Constituent Assembly of Bangladesh. An all-party committee (except Islamic fundamentalist parties) headed by [[Kamal Hossain|Dr. Kamal Hossain]], the Minister of Law in the new government, was tasked to draft the constitution of the new country. The constitution drafting committee consisted of members of all parties in the constituent assembly, including the [[Awami League]], [[National Awami Party]], [[Jatiya Samajtantrik Dal]] and the seven independent lawmakers.

The constitution drafting committee would take inspiration from the intellectual thought that drove the [[Six point movement]] and the [[Bangladesh Liberation War|liberation war]]; the heritage of democratic struggle by Bengalis in the [[Indian Subcontinent]], during both the [[British Raj]] and the Pakistan era; and the secular Bengali culture in formulating the constitution. The drafters of the constitution also identified the features of the Pakistani state that created widespread discontent in its population, particularly the Bengalis. One such feature was the religion based polity that gave opportunity to the military to influence politics. They also felt that religious nationalism failed to establish a sustainable state in Pakistan. Keeping in mind the lack of democracy and powerful influence of the military in Pakistan, the drafters of the constitution envisioned Bangladesh as a [[Secular state|secular]] [[democracy]], in order to establish a progressive and sustainable state.<ref>http://www.newagebd.com/2005/dec/16/vd/01.html</ref>The secular nature of [[Culture of Bengal|Bengali culture]] also served as an important motivation in inspiring a secular state for Bangladesh.
\

== Preamble ==

The preamble to the Constitution of Bangladesh is the introductory statement that sets out the guiding purpose and principles of the document. The preamble is not an integral part of the constitution in the sense that it is enforceable in a court of law.
[[Image:SheikhMujibConstitution.jpg|thumb|right|180px|Prime Minister [[Sheikh Mujibur Rahman]] signing the constitution into law on [[Victory Day (Bangladesh)|Victory Day]], 1972]]
===Full Text===

{{quotation|We, the people of Bangladesh, having proclaimed our Independence on the 26th day of March, 1971 and through a historic struggle for national liberation, established the independent, sovereign People's Republic of Bangladesh;

Pledging that the high ideals of nationalism, secularity, democracy and socialism, which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in the struggle for national liberation, shall be fundamental principles of the Constitution;

Further pledging that it shall be a fundamental aim of the State to realise through the democratic process, a socialist society free from exploitation, a society in which the rule of law, fundamental human rights and freedoms, equality and justice, political, economic and social, will be secured for all citizens;

Affirming that it is our sacred duty to safeguard, protect and defend this Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh so that we may prosper in freedom and may make our full contribution towards international peace and co-operation in keeping with the progressive aspirations of mankind;

In our Constituent Assembly, this eighteenth day of Kartick, 1379 B.S corresponding to the fourth day of November, 1972 A.D., do hereby adopt, enact and give to ourselves this Constitution.}}

==Organs of the State==
As per the constitution of the republic it comprises three basic organs:
# Legislative Branch
# Executive Branch
# Judicial Branch

==Articles==


The constitution of Bangladesh is divided into 11 parts, which are further subdivided into 153 articles. In addition, there are 4 schedules.

===Part I: The Republic===
This section defines the nature of the country, its state religion and other national issues. According to it, Peoples Republic of Bangladesh is a unitary republic consisting of the territories of the former [[East Pakistan]] and also included territories (some enclaves exchanged with [[India]]). The state religion is [[Islam]], but all other religions can be practised in peace and harmony. The state language is [[Bengali language|Bangla]] and the national anthem is the first ten line of the song [[Amar Sonar Bangla]] written by [[Rabindranath Tagore]]. The national flag is a red circle on a green background. The national emblem is the national flower [[Shapla]] (nympoea-nouchali) resting on water, having on each side and ear of paddy and being surmounted by three connected leaves of jute with two stars on each side of the leaves. This section also mandates that the portrait of prime minister must be displayed in all government, semi-government and autonomous offices. The capital of the country is [[Dhaka]]. The citizens are to be known as [[Bangladesh]]is.

Finally Part I asserts that all power belong to the people and the constitution, being the supreme law of the country, will supersede any other laws and regulations.

===Part II: Fundamental principles of state policy===
This part describes the fundamental principles. The original 1972 constitution had 4 basic principles: [[Secularity]], [[Nationalism]], [[Democracy]] and [[Socialism]] (meaning economic and social justice for all). However, later amendments replaced [[Secularity]] with "Absolute trust and faith in the Almighty Allah shall be the basis of all actions."<ref>{{cite web |title=Constitution of Bangladesh: Part II: Fundamental Principles of State Policy |work=Chief Adviser's Office |publisher=Prime Minister's Office. Government of the People's Republic of Bangladesh |url=http://www.pmo.gov.bd/pmolib/constitution/part2.htm#P2 }}</ref>

Part II's article 9, 10, and 11 declares the rights of the people. Article 9 provides guidelines for quotas for the underrepresented communities, women, and peasants. Article 10 states the equal rights of women. Article 11 states that Bangladesh would be a democracy, with guaranteed human rights. Article 13, 14, 15, and 16 deal with principal of ownership, emancipation of workers and peasants, provision of basic necessities, and rural development. Article 17 states that the basic education will be free and compulsory for all children. The remaining articles (18-25) provide various guarantees for public health and morality, equality of opportunity, work as a right and duty, duties of citizens and of public servants, separation of Judiciary from the executive, national culture, national monuments, and promotion of international peace, security and solidarity, respectively.

===Part III: Fundamental rights===
26. Laws inconsistent with fundamental rights to be void.
(1) All existing law inconsistent with the provisions of this Part shall, to the extent of such
inconsistency, become void on the commencement of this Constitution.
(2) The State shall not make any law inconsistent with any provisions of this Part, and any
law so made shall, to the extent of such inconsistency, be void.
(3) Nothing in this article shall apply to any amendment of this Constitution made under
article 142.

27. Equality before law.
All citizens are equal before law and are entitled to equal protection of law.

28. Discrimination on grounds of religion, etc.
(1) The State shall not discriminate against any citizen on grounds only of religion, race
caste, sex or place of birth.
(2) Women shall have equal rights with men in all spheres of the State and of public life.
(3) No citizen shall, on grounds only of religion, race, caste, sex or place of birth be subjected
to any disability, liability, restriction or condition with regard to access to any place
of public entertainment or resort, or admission to any educational institution.
(4) Nothing in this article shall prevent the State from making special provision in favour of
women or children or for the advancement of any backward section of citizens.

29. Equality of opportunity in public employment.
(1) There shall be equality of opportunity for all citizens in respect of employment or office
in the service of the Republic.
(2) No citizen shall, on grounds only of religion, race, caste, sex or place of birth, be ineligible
for, or discriminated against in respect of, any employment or office in the service of the
Republic.
(3) Nothing in this article shall prevent the State from -
(a) making special provision in favour of any backward section of citizens for the purpose
of securing their adequate representation in the service of the Republic;
(b) giving effect to any law which makes provision for reserving appointments relating
to any religious or denominational institution to persons of that religion or denomination;
reserving for members of one sex any class of employment or office on the
ground that it is considered by its nature to be unsuited to members of the opposite
sex.

30. Prohibition of foreign titles, etc.
No citizen shall, without the prior approval of the President, accept any title, honour, award
or decoration from any foreign state.

31. Right to protection of law.
To enjoy the protection of the law, and to be treated in accordance with law, and only in
accordance with law, is the inalienable right of every citizen, wherever he may be, and of
every other person for the time being within Bangladesh, and in particular no action detrimental
to the life, liberty, body, reputation or property of any person shall be taken except in
accordance with law.

32. Protection of right to life and personal liberty.
No person shall be deprived of life or personal liberty save in accordance with law.

33. Safeguards as to arrest and detention.
(1) No person who is arrested shall be detained in custody without being informed, as soon
as may be of the grounds for such arrest, nor shall he be denied the right to consult and be
defended by a legal practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be produced before the nearest
magistrate within a period of twenty four hours of such arrest, excluding the time necessary
for the journey from the place of arrest to the court of the magistrate, and no such person
shall be detained in custody beyond the said period without the authority of a magistrate.
(3) Nothing in clauses (1) and (2) shall apply to any person-
(a) who for the time being is an enemy alien; or
(b) who is arrested or detained under any law providing for preventive detention.
(4) No law providing for preventive detention shall authorise the detention of a person for a
period exceeding six months unless an Advisory Board consisting of three persons, of whom
two shall be persons who are, or have been, or are qualified to be appointed as, Judges of the
Supreme Court and the other shall be a person who is a senior officer in the service of the
Republic, has, after affording him an opportunity of being heard in person, reported before
the expiration of the said period of six months that there is, in its opinion, sufficient cause
for such detention.
(5) When any person is detained in pursuance of an order made under any law providing for
preventive detention, the authority making the order shall, as soon as may be, communicate
to such person the grounds on which the order has been made, and shall afford him the earliest
opportunity of making a representation against the order.
(6) Parliament may be law prescribe the procedure to be followed by an Advisory Board in
an inquiry under clause (4) .

34. Prohibition of forced labour.
(1) All forms of forced labour are prohibited and any contravention of this provision shall be
an offence punishable in accordance with law.
(2) Nothing in this article shall apply to compulsory labour.
(a) by persons undergoing lawful punishment for a criminal offence; or required by any
law for public purpose.

35. Protection in respect of trial and punishment.
(1) No person shall be convicted to any offence except for violation of al law in force at the
time of the commission of the act charged as an offence, nor be subjected to a penalty
greater than, or different from that which might have been inflicted under the law in force at
the time of the commission of the offence.
(2) No person shall be prosecuted and punished for the same offence more than once.
(3) Every person accused of a criminal offence shall have the right to a speedy and public
trial by an independent and impartial court or tribunal established by law.
(4) No person accused of any offence shall be compelled to be a witness against himself.
(5) No person shall be subjected to torture or to cruel, inhuman, or degrading punishment or
treatment.
(6) Nothing in clause (3) or clause (5) shall affect the operation of any existing law which
prescribes any punishment or procedure for trial.

36. Freedom of movement.
Subject to any reasonable restrictions imposed by law in the public interest, every citizen
shall have the right to move freely throughout Bangladesh, to reside and settle in any place
therein and to leave and re-enter Bangladesh.

37. Freedom of assembly.
Every citizen shall have the right to assemble and to participate in public meetings and processions
peacefully and without arms, subject to any reasonable restrictions imposed by law
in the interests of public order health.

38. Freedom of association.
Every citizen shall have the right to form associations or unions, subject to any reasonable
restrictions imposed by law in the interests of morality or public order;

39. Freedom of thought and conscience, and of speech.
(1) Freedom or thought and conscience is guaranteed.
(2) Subject to any reasonable restrictions imposed by law in the interests of the security of
the State, friendly relations with foreign states, public order, decency or morality, or in relation
to contempt of court, defamation or incitement to an offence-
(a) the right of every citizen of freedom of speech and expression; and freedom of the
press, are guaranteed.

40. Freedom of profession or occupation.
Subject to any restrictions imposed by law, every citizen possessing such qualifications, if
any, as may be prescribed by law in relation to his profession, occupation, trade or business
shall have the right to enter upon any lawful profession or occupation, and to conduct any
lawful trade or business.

41. Freedom of religion.
(1) Subject to law, public order and morality-
(a) every citizen has the right to profess, practice or propagate any religion;
(b) every religious community or denomination has the right to establish, maintain and
manage its religious institutions.
(2) No person attending any educational institution shall be required to receive religious
instruction, or to take part in or to attend any religious ceremony or worship, if that instruction,
ceremony or worship relates to a religion other than his own.

42. Rights to property.
(1) Subject to any restrictions imposed by law, every citizen shall have the right to acquire,
hold, transfer or otherwise dispose of property, and no property shall be compulsorily acquired,
nationalised or requisitioned save by authority of law.
(2) A law made under clause (1) shall provide for the acquisition, nationalisation or requisition
with compensation and shall either fix the amount of compensation or specify the principles
on which, and the manner in which, the compensation is to be assessed and paid; but
no such law shall be called in question in any court on the ground that any provision in respect
of such compensation is not adequate.
(3) Nothing in this article shall affect the operation of any law made before the commencement
of the Proclamations (Amendment) Order, 1977 (Proclamations Order No. I of 1977),
in so far as it relates to the acquisition, nationalisation or acquisition of any property without
compensation.

43. Protection of home and correspondence.
Every citizen shall have the right, subject to any reasonable restrictions imposed by law in
the interests of the security of the State, public order, public morality or public health-
(a) to be secured in his home against entry, search and seizure; and to the privacy of his
correspondence and other means of communication.

44. Enforcement of fundamental rights.
(1) The right to move the High Court Division in accordance with clause (I) of article 102
for the enforcement of the rights conferred by this Part of guaranteed.
(2) Without prejudice to the powers of the High Court Division under article 102, Parliament
may be law empower any other court, within the local limits of its jurisdiction, to exercise
all or any of those powers.

45. Modification of rights in respect of disciplinary.
Nothing in this Part shall apply to any provision of a disciplinary law relating to members of
a disciplined force, being a provision limited to the purpose of ensuring the proper discharge
of their duties or the maintenance of discipline in that force.

46. Power to provide indemnity.
Notwithstanding anything in the foregoing provisions of this Part, Parliament may be law
make provision for indemnifying any person in the service of the Republic or any other person
in respect of any act done by him in connection with the national liberation struggle or
the maintenance or restoration of other in any area in Bangladesh or validate any sentence
passed, punishment inflicted, forfeiture ordered, or other act done in any such area.

47. Saving for certain laws.
(1) No law providing for any of the following matters shall be deemed to be void on the
ground that it is inconsistent with, or takes away or abridge, any of the rights guaranteed by
this Part-
(a) the compulsory acquisition, nationalisation or requisition of any property, or the control
or management thereof whether temporarily or permanently;
(b) the compulsory amalgamation of bodies carrying on commercial or other undertakings;
(c) the extinction, modification, restriction or regulation of rights of directors, managers,
agents and officers of any such bodies, or of the voting rights of persons owning
shares or stock (in whatever form) therein;
(d) the extinction, modification, restriction or regulation of rights of search for or win
minerals or mineral oil;
(e) the carrying on by the Government or by a corporation owned, controlled or managed
by the Government, of any trade, business, industry or service to the exclusion,
complete or partial, or other persons; or
(f) the extinction, modification, restriction or regulation of any right to property, any
right in respect of a profession, occupation, trade or business or the rights of employers
or employees in any statutory public authority or in any commercial or industrial
undertaking;
if Parliament in such law (including, in the case of existing law, by amendment) expressly
declares that such provision is made to give effect to any of the fundamental principles of
state policy set out in Part II of this Constitution.
(2) Notwithstanding anything contained in this Constitution the laws specified in the First
Schedule (including any amendment of any such law) shall continue to have full force and
effect, and no provision of any such law, nor anything done or omitted to be done under the
authority of such law, shall be deemed void or unlawful on the ground of inconsistency
with, or repugnance to, any provision of this Constitution; 24 Provided that nothing in this
article shall prevent amendment, modification or repeal of any such law.
(3) Notwithstanding anything contained in this Constitution, no law nor any provision
thereof providing for detention, prosecution or punishment of any person, who is a member
of any armed or defence or auxiliary forces or who is a prisoner of war, for genocide, crimes
against humanity or war crimes and other crimes under international law shall be deemed
void or unlawful, or ever to have become void or unlawful, on the ground that such law or
provision of any such law is inconsistent with, or repugnant to any of the provisions of this
Constitution.

47A. In applicability of certain articles.
(1) The rights guaranteed under article 31. clauses (1) and (3) of article 35 and article 44
shall not apply to any person to whom a law specified in clause (3) of article 47 applies.
(2) Notwithstanding anything contained in this Constitution, no person to whom a law specified
in clause (3) of article 47 applies shall have the right to move the Supreme Court for
any of the remedies under this Constitution.
===Part IXA : EMERGENCY PROVISIONS ===

141A. Proclamation of Emergency
(1) If the President is satisfied that a grave emergency exists in which the security or eco-
nomic life of Bangladesh, or any part thereof, is threatened by war or external aggression or
internal disturbance, he may issue a Proclamation of Emergency:
Provided that such Proclamation shall require for its validity the prior counter signature of
the Prime Minister.

(2) A Proclamation of Emergency-
(a) may be revoked by a subsequent Proclamation;
(b) shall be laid before Parliament;
(c) shall cease to operate at the expiration of one hundred and twenty days, unless before the
expiration of that period it has been approved by a resolution of Parliament:
Provided that if any such Proclamation is issued at a time when Parliament stands dissolved
or the dissolution of Parliament takes place during the period of one hundred and twenty
days referred to in sub-clause (c), the Proclamation shall cease to operate at the expiration of
thirty days from the date on which Parliament first meets after its re-constitution, unless be-
fore that expiration of the meets after its re-constitution, unless before that expiration of the
said period of thirty days a resolution approving the Proclamation has been passed by Par-
liament.

(3) A Proclamation of Emergency declaring that the security of Bangladesh, or any part
thereof, is threatened by war or external aggression or by internal disturbance may be made
before the actual occurrence of war or any such aggression or disturbance if the President is
satisfied that there is imminent danger thereof.

141B. Suspension of provisions of certain articles during emergencies
While a Proclamation of Emergency is in operation, nothing in articles 36, 37, 38, 39, 40
and 42 shall restrict the power of the State to make any law or to take any executive action
which the State would, but for the provisions contained in Part III of this Constitution, be
competent to make or to take, but any law so made shall, to the extent of the incompetence,
cease to have effect as soon as the Proclamation ceases to operate, except as respects things
done or omitted to be done before the law so ceases to have effect.

141C. Suspenion of enforcement of fundamental right during emergencies
(1) While a Proclamation of Emergency is in operation, the President may, 89 on the written
advice of the Prime Minister, by order , declare that the right to move any court for the en-
forcement of such of the rights conferred by Part III of this Constitution as may be specified
in the order, and all proceedings pending in any court for the enforcement of the right so specified, shall remain suspended for the period during which the Proclamation is in force or for such shorter period as may be specified in the order.

(2) An order made under this article may extend to the whole of Bangladesh or any part thereof.

(3) Every order made under this article shall, as soon as may be, be laid before Parliament.
===Part X : AMENDMENT OF THE CONSTITUTION ===

142. Power to amend any provision of the Constitution
(1) Notwithstanding anything contained in this Constitution-
(a) any provision thereof may by 92 amended by way of addition, alteration, substitution or
repeal by Act of Parliament:
Provided that-
(i) no Bill for such amendment 91* * shall be allowed to proceed unless the long title
thereof expressly states that it will amend 91* * a provision of the Constitution;
(ii) no such Bill shall be presented to the President for assent unless it is passed by
the votes of not less than two-thirds of the total number of members of Parliament;
(b) when a Bill passed as aforesaid is presented to the President for his assent he shall,
within the period of seven days after the Bill is presented to him assent to the Bill, and if he
fails so to do he shall be deemed to have assented to it on the expiration of that period.

(1A) Notwithstanding anything contained in clause (1), when a Bill, passed as a aforesaid,,
which provides for the amendment of the Preamble or any provisions of articles 8, 48, 56 or
this article, is presented to the President for assent, the President, shall within the period of
seven days, after the Bill is presented to him, cause to be referred to a referendum the ques-
tion whether the Bill should or should not be assented to.

(1B) A referendum under this article shall be conducted by the Election Commission, within
such period and in such manner as may be provided by law, amongst the person enrolled on
the electoral roll prepared for the purpose of election to Parliament.

(1C) On the day on which the result of the referendum conducted in relation to a Bill under
this article is declared, the President shal be deemed to have-
(a) assented to the Bill, if the majority of the total votes cast are in favour of the Bill being
assented to; or
(b) Withheld assent therefrom, if the majority of the total votes cast are not in favour of the
Bill being assented to.

1D) Nothing in clause (1C) shall be deemed to be an expression of confidence or no-
confidence in the Cabinet or Parliament

(2) Nothing in article 26 shall apply to any amendment made under this article.
=== Commencement, citation and authenticity (Last article)===
153. Commencement, citation and authenticity
(1) This Constitution may be cited as the Constitution of the People's Republic of Bangla-
desh and shall come into force on the sixteenth day of December, 1972, in this Constitution
referred to as the commencement of this Constitution.

(2) There shall be an authentic text of this Constitution in Bengali, and an authentic text of
an authorised translation in English, both of which shall be certified as such by the Speaker
of the Constituent Assembly.
(3) A text certified in accordance with clause (2) shall be conclusive evidence of the provi-
sions of this Constitution:
Provided that in the event of conflict between the Bengali and the English text, the Bengali
text shall prevail.

==Amendments==
'''Constitutional Amendments''': The Constitution of the People's Republic of Bangladesh has been amended 14 times. some of the amendments are still under debate. Namely,4th,5th,7th,8th and 14th amendment. The following is a brief account of these acts and orders.
===14 amendments in brief===
'''First Amendment Act''' The Constitution (First Amendment) Act 1973 was passed on 15 July 1973. It amended Article 47 of the constitution by inserting an additional clause which allowed prosecution and punishment of any person accused of 'genocide, crimes against humanity or war crimes and other crimes under international law'. After Article 47 it inserted a new Article 47A specifying inapplicability of certain fundamental rights in those cases.

'''Second Amendment Act''' The Constitution (Second Amendment) Act 1973 was passed on 22 September 1973. This act resulted in the (i) amendment of Articles 26, 63, 72 and 142 of the constitution; (ii) substitution of Article 33 and (iii) the insertion of a new part ie IXA in the constitution. Provisions were made through this amendment for the suspension of some fundamental rights of citizens in an emergency.

'''Third Amendment Act''' The Constitution (Third Amendment) Act 1974 was enacted on 28 November 1974 by bringing in changes in Article 2 of the constitution with a view to giving effect to an agreement between Bangladesh and India in respect of exchange of certain enclaves and fixation of boundary lines between India and Bangladesh .

'''Fourth Amendment Act''' The Constitution (Fourth Amendment) Act 1975 was passed on 25 January 1975. Major changes were brought into the constitution by this amendment. The presidential form of government was introduced in place of 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. This Act (i) 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; (ii) substituted Articles 44, 70, 102, 115 and 124 of the constitution; (iii) amended part III of the constitution out of existence; (iv) altered the Third and Fourth Schedule; (v) extended the term of the first Jatiya Sangsad; (vi) made special provisions relating to the office of the president and its incumbent; (vii) inserted a new part, ie part VIA in the constitution and (viii) inserted articles 73A and 116A in the constitution.

'''Fifth Amendment Act''' This 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.

'''Sixth Amendment Act''' The Sixth Amendment Act was enacted by the Jatiya Sangsad with a view to amending Articles 51 and 66 of the 1981 constitution.

'''Seventh Amendment Act''' This Act was passed on 11 November 1986. It amended Article 96 of the constitution; it also amended the Fourth Schedule to the constitution by inserting a new paragraph 19 thereto, providing among others that all proclamations, proclamation orders, Chief Martial Law Administrator's Orders, Martial Law Regulations, Martial Law Orders, Martial Law Instructions, ordinances and other laws made during the period between 24 March 1982 and 11 November 1986 (both days inclusive) had been validly made and would not be called in question in or before any court or tribunal or authority on any ground whatsoever.

'''Eighth Amendment Act''' This Amendment Act was passed on 7 June 1988. It amended Articles 2, 3, 5, 30 and 100 of the constitution. This Amendment Act (i) declared islam as the state religion; (ii) decentralised the judiciary by setting up six permanent benches of the High Court Division outside Dhaka; (iii) amended the word 'Bengali' into 'Bangla' and 'Dacca' into 'Dhaka' in Article 5 of the constitution; (iv) amended Article 30 of the constitution by prohibiting acceptance of any title, honours, award or decoration from any foreign state by any citizen of Bangladesh without the prior approval of the president. It may be noted here that the Supreme Court subsequently declared the amendment of Article 100 unconstitutional since it had altered the basic structure of the constitution.

'''Ninth Amendment Act''' The Constitution (Ninth Amendment) Act 1989 was passed in July 1989. This amendment provided for the direct election of the vice-president; it restricted a person in holding the office of the president for two consecutive terms of five years each; it also provided that a vice-president might be appointed in case of a vacancy, but the appointment must be approved by the Jatiya Sangsad.

'''Tenth Amendment Act''' The Tenth Amendment Act was enacted on 12 June 1990. It amended, among others, Article 65 of the constitution, providing for reservation of thirty seats for the next 10 years in the Jatiya Sangsad exclusively for women members, to be elected by the members of the Sangsad.

'''Eleventh Amendment Act''' This Act was passed on 6 August 1991. It amended the Fourth Schedule to the constitution by adding a new paragraph 21 thereto which legalised the appointment and oath of shahabuddin ahmed, Chief Justice of Bangladesh, as the vice-president of the Republic and the resignation tendered to him on 6 December 1990 by the then President hussain m ershad. This Act ratified, confirmed and validated all powers exercised, all laws and ordinances promulgated, all orders made and acts and things done, and actions and proceedings taken by the vice-president as acting president during the period between 6 December 1990 and the day (9 October 1991) of taking over the office of the president by the new President abdur rahman biswas, duly elected under the amended provisions of the constitution. The Act also confirmed and made possible the return of vice-president Shahabuddin Ahmed to his previous position of the Chief Justice of Bangladesh.

'''Twelfth Amendment Act''' This Amendment Act, known as the most important landmark in the history of constitutional development in Bangladesh, was passed on 6 August 1991. It amended Articles 48, 55, 56, 57, 58, 59, 60, 70, 72, 109, 119, 124, 141A and 142. Through this amendment the parliamentary form of government was re-introduced in Bangladesh; the president became the constitutional head of the state; the prime minister became the executive head; the cabinet headed by the prime minister became responsible to the Jatiya Sangsad; the post of the vice-president was abolished; the president was required to be elected by the members of the Jatiya Sangsad. Moreover, through Article 59 of the constitution this act ensured the participation of the people's representatives in local government bodies, thus stabilising the base of democracy in the country.

'''Thirteenth Amendment Act''' The Constitution (Thirteenth Amendment) Act 1996 was passed on 26 March 1996. It provided for a non-party caretaker government which, acting as an interim government, would give all possible aid and assistance to the Election Commission for holding the general election of members of the Jatiya Sangsad peacefully, fairly and impartially. The non-party caretaker government, comprising the Chief Adviser and not more than 10 other advisers, would be collectively responsible to the president and would stand dissolved on the date on which the prime minister entered upon his office after the constitution of the new Sangsad.<ref>http://www.banglapedia.org/httpdocs/HT/C_0336.HTM</ref>

'''Fourteenth Amendment Act''' The Constitution (Fourteenth Amendment) Act,2004 was passed on 16th May, 2004.This amendment amends the several articles.
1. Insertion of new Article 4 A after Article 4 for preservation and display of the portraits of the President and the Prime Minister.
2. Amendment of clause (3) of Article 65 in the Constitution regarding reserved number of seats exclusively for women members in the Parliament.
3. Amendment of Article 96 (1), 129 and 139 of the constitution enhancing the retirement age of the Judges of the Supreme Court, Auditor General and Chairman & other members of Public Service Commission.
3 (i) Enhancement of retirement age of the supreme Court Judges. It becomes very controversial later.
3 (ii) Enhancement of retirement age of the Auditor General and Chairman & Member of P.S.C.
4. Amendment of Article 148 of the Constitution making provision for administering oath of the newly elected members of the Parliament by the Chief Election Commissioner is unprecedented.

===Fifth Amendment almost repealed===
In 1977, when Bangladesh was under [[martial law]], [[President of Bangladesh|President]] and [[Chief Martial Law Administrator]] Lieutenant General [[Ziaur Rahman]] passed a presidential decree that removed the principle of secularism from the permeable of the constitution and instead of it, placed ''"absolute trust and faith in the Almighty Allah"''. The decree was later legitimized by the second parliament of Bangladesh.

In January, 2010, the [[Bangladesh Supreme Court]] observed that parliament does not possess any authority to suspend the constitution and proclaim martial law and hence, it cannot legitimize actions of martial law regimes. The judgment paved way for restoring the original four fundamental principles declared in the permeable of the constitution, including secularity.<ref>http://www.thedailystar.net/newDesign/latest_news.php?nid=21972</ref><ref>http://www.thedailystar.net/newDesign/latest_news.php?nid=21979</ref>

The Supreme Court followed with a July 2010 ruling scrapping provisions which allowed religious parties to flourish after 1979. The ruling is expected to pave the way for a return to complete secularism in Bangladeshi law. <ref>http://www.google.com/hostednews/afp/article/ALeqM5h_5T_bgbToWaGqK2gxXACMFuySog</ref>

'''Bangladesh Constitution and its Drawback'''
Bangladesh Constitution is not the result of a day. After a bloody war the brave Bangladeshi freedom fighter gains Independence. After this victory, the Constituent Assembly adopted the Constitution on 4 November 1972 and it came into force on 16 December of the same year. Constitution is the mother law of a country. It contains 153 Article, one preamble and four schedules. It is important to mention that there are several Articles where the original sprit of the Constitution is hampered. Those are given below.

'''Article 10''' of the Bangladesh Constitution provides that, Steps shall be taken to ensure participation of women in all spheres of national life. And '''Article 19''' also provides that, The State shall endeavor to ensure equality of opportunity to all citizens and shall adopt effective measures to remove social and economic inequality between man and man and to ensure the equitable distribution of wealth among citizens, and of opportunities in order to attain a uniform level of economic development throughout the Republic. '''Article 28''' provides that, The State shall not discriminate against any citizen on grounds only of religion, race caste, sex or place of birth. Women shall have equal rights with men in all spheres of the State and of public life. No citizen shall, on grounds only of religion, race, caste, sex or place of birth be subjected to any disability, liability, restriction or condition with regard to access to any place of public entertainment or resort, or admission to any educational institution. Under Article 10 Government arrange Quota for woman in each Government service. But Article 19 and 28 refers to the equal right for all citizens. Here when special quota is given to the woman then which equality is maintained by the Government. Though '''Article 29 (3) (a)''' empower the Government to making special provision in favour of any backward section of citizens for the purpose of securing their adequate representation in the service of the Republic. And in '''Article 65 (3)''' a provision was inserted that is (Fourteenth Amendment) Act, 2004, there shall be reserved forty five seats exclusively for women members and they will be elected by the aforesaid members in accordance with law on the basis of procedure of proportional representation in the Parliament through single transferable vote: Provided that nothing in this clause shall be deemed to prevent a woman from being elected to any of the seats provided for in clause (2) of this article. Those Articles is for the adequate representation in the service of the Republic and representation in the Parliament but it creates discrimination because Article 29 is not bad but Article 65 is very bad in that scene one day it will be seen that the leady member overcome the male Member of Parliament. Then another amendment will necessary to representation in the Parliament for male. It is necessary to aware the members of parliament not to amend the Constitution again and again.

'''Article 32''' provides that; No person shall be deprived of life or personal liberty save in accordance with law. And
'''Article 33 provides that;'''(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the magistrate, and no such person shall be detained in custody beyond the said period without the authority of a magistrate.
(3) Nothing in clauses (1) and (2) shall apply to any person-
(a) Who for the time being is an enemy alien; or
(b) Who is arrested or detained under any law providing for preventive detention.
(4) No law providing for preventive detention shall authorize the detention of a person for a period exceeding six months unless an Advisory Board consisting of three persons, of whom two shall be persons who are, or have been, or are qualified to be appointed as, Judges of the Supreme Court and the other shall be a person who is a senior officer in the service of the Republic, has, after affording him an opportunity of being heard in person, reported before the expiration of the said period of six months that there is, in its opinion, sufficient cause for such detention.
(5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order.
(6) Parliament may be law prescribes the procedure to be followed by an Advisory Board in an inquiry under clause (4). But Article 141 A, B, C is the ante Article of those.
According to the '''Article 141A''';
(1) If the President is satisfied that a grave emergency exists in which the security or economic life of Bangladesh, or any part thereof, is threatened by war or external aggression or internal disturbance, he may issue a Proclamation of Emergency:
Provided that such Proclamation shall require for its validity the prior counter signature of the Prime Minister.
(2) A Proclamation of Emergency-
(a) May be revoked by a subsequent Proclamation;
(b) Shall be laid before Parliament;
(c) Shall cease to operate at the expiration of one hundred and twenty days, unless before the expiration of that period it has been approved by a resolution of Parliament:
Provided that if any such Proclamation is issued at a time when Parliament stands dissolved or the dissolution of Parliament takes place during the period of one hundred and twenty days referred to in sub-clause (c), the Proclamation shall cease to operate at the expiration of thirty days from the date on which Parliament first meets after its re-constitution, unless before that expiration of the meets after its re-constitution, unless before that expiration of the said period of thirty days a resolution approving the Proclamation has been passed by Parliament.

(3) A Proclamation of Emergency declaring that the security of Bangladesh, or any part thereof, is threatened by war or external aggression or by internal disturbance may be made before the actual occurrence of war or any such aggression or disturbance if the President is satisfied that there is imminent danger thereof.

'''According to Article 141B;'''While a Proclamation of Emergency is in operation, nothing in articles 36, 37, 38, 39, 40 and 42 shall restrict the power of the State to make any law or to take any executive action which the State would, but for the provisions contained in Part III of this Constitution, be competent to make or to take, but any law so made shall, to the extent of the incompetence, cease to have effect as soon as the Proclamation ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect.
'''According to Article 141C;'''(1) While a Proclamation of Emergency is in operation, the President may, 89 on the written advice of the Prime Minister, by order , declare that the right to move any court for the enforcement of such of the rights conferred by Part III of this Constitution as may be specified in the order, and all proceedings pending in any court for the enforcement of the right so specified, shall remain suspended for the period during which the Proclamation is in force or for such shorter period as may be specified in the order.
(2) An order made under this article may extend to the whole of Bangladesh or any part thereof.
(3) Every order made under this article shall, as soon as may be, be laid before Parliament.

So the power of emergency is vested to the political parties and they can use it for their interest. Since 1971 to present several time emergency was imposed but almost all is for their political interest. Those Articles restricted several Articles and also the Medias freedom also restricted so what is and will happened no one can know.

'''Part four''' of the Bangladesh Constitution is everything but nothing. Here Article 48 to 54 provides the powers and functions of the President. But except Article 96 (1) and 56 (3) President is nominal and has a power but no right to use such powers.

'''Article 70''' is another anti defection law in Bangladesh. This Article provides that;
(1) A person elected as a Member of Parliament at an election at which he was nominated as a candidate by a political party shall vacate his seat if he resigns from that party or votes in Parliament against the party.
Explanation: If a member of Parliament-
(a) being present in Parliament abstains from voting, or
(b) absents himself from any sitting of Parliament, ignoring the direction of the party which nominated him at the election as a candidate not to do so, he shall be deemed to have voted against that party.
(2) If, at any time, any question as to the leadership of the Parliamentary party of a political party arises, the Speaker shall, within seven days of being informed of it in writing by a person claming the leadership of the majority of the members of that party in Parliament, convince a meeting of all members of Parliament of that party in accordance with the Rules of procedure of Parliament and determine its Parliamentary leadership by the votes of the majority through division and if, in the matter of voting in Parliament, any member does not comply with the direction of the leadership so determined, he shall be deemed to have voted against that party under clause (1) and shall vacate his seat in the Parliament.
(3) If a person, after being elected a Member of Parliament as an independent candidate, joins any political party, he shall, for the purpose of this article, be deemed to have been elected as a nominee of that Party.

So the Parliament Member can’t speak against the wrong decisions of the Government and Article 29 again restricted under this provision.

'''Article 78:''' Privileges and immunities of Parliament and members
(1) The validity of the proceedings in Parliament shall not be questioned in any court.
(2) A member or officer of Parliament in whom powers are vested for the regulation of procedure, the conduct of business or the maintenance of order in Parliament, shall not in relation to the exercise by him of any such powers be subject to the jurisdiction of any court.
(3) A Member of Parliament shall not be liable to proceedings in any court in respect of anything said, or any vote given, by him in Parliament or in any committed thereof. (4) A person shall not be liable to proceedings in any court in respect of the publication by or under the authority of Parliament of any report, paper, vote or proceeding. (5) Subject to this article, the privileges of Parliament and of its committees and members may be determined by Act of Parliament.
Here the Parliament members are free from any kinds of responsibility for that abuse of the parliament is happening.

Those are the main drawback of the Bangladesh Constitution. Though it is drawback but if we aware against our right and liabilities then we cant do anything which is against our country as well as ours people.

==See also==
* [[Bangladesh]]
* [[Constitution]]
* [[Constitutional law]]
* [[Constitutional economics]]
* [[Constitutionalism]]

==References==
<references/>

==External links==
*[http://www.pmo.gov.bd/pmolib/constitution/ To see the '''Full text of the constitution''']

{{Asia topic|Constitution of}}

[[Category:Government of Bangladesh]]
[[Category:Constitutions by country|Bangladesh]]

[[bn:বাংলাদেশের সংবিধান]]
[[id:Konstitusi Bangladesh]]

Benutzer:Shi Annan/Verfassung von Bangladesch

2010-10-04T18:02:39Z

111.221.0.2:

{{Politics of Bangladesh}}
The '''Constitution of Bangladesh''' ([[Bangla]]: , ''Bangladesh Shongbidhan'') is the supreme law of [[Bangladesh]]. It declares Bangladesh as a secular democratic republic where sovereignty belongs the people;<ref>http://www.bdnews24.com/details.php?cid=2&id=175271&hb=4</ref> 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, the day commemorated as [[Victory Day (Bangladesh)|Victory Day]] in the country, marking the defeat of the [[Pakistan Army]] in the [[Bangladesh Liberation War]]. The constitution declares Bangladesh to be a [[unitary state|unitary]], independent and [[sovereign]] [[Republic]], founded on a struggle for national liberation, which will be known as the People's Republic of Bangladesh. It pledges ''[[nationalism]], [[secularity]], [[democracy]] and [[socialism]]'' as the fundamental principles defining the Republic and declares the pursuit of a society that ensures its citizens- ''the rule of law, fundamental human rights and freedoms'' as well as ''equality and justice, political, economic and social.''<ref>http://www.thedailystar.net/newDesign/news-details.php?nid=124641</ref><ref>http://www.thedailystar.net/newDesign/news-details.php?nid=124640</ref><ref>http://www.pmo.gov.bd/pmolib/constitution/</ref>

When enacted in 1972, the Constitution of Bangladesh was hailed by international jurists and legal historians and as one of the most progressive and democratic constitutions in modern history and one that inspired progressive political aspirations among [[third world]] countries and populations struggling for [[self-determination]]. However, amendments during socialist one party and military rule in Bangladesh, radically altered the secular and liberal democratic nature of the constitution. In August, 2005, the Bangladesh High Court passed a landmark judgement that declared constitutional amendments during military rule as illegal and unconstitutional, and hence nullified. After several legal protests, the [[Bangladesh Supreme Court]], in January, 2010, ultimately announced that the historic verdict of the High Court will be upheld.<ref>http://www.thedailystar.net/newDesign/news-details.php?nid=120366</ref> The judgement of Bangladesh's highest courts paved way for the return of the original nature of the constitution, that defines Bangladesh as a secular democracy.<ref>http://www.thedailystar.net/newDesign/news-details.php?nid=124640</ref>

==Background and Spirit==
''See Also: [[Six point movement]], [[Bengali Language Movement]], [[Bangladesh Liberation War]]
[[Image:Flag of Bangladesh (1971).svg|thumb|right|260px|The ideals of the Bangladesh liberation movement inspired the formulation of the Constitution of Bangladesh]]
[[Bangladesh]] was established after [[East Pakistan]] broke away from [[Pakistan]] in 1971 after a twenty five year union that saw widespread economic and political discrimination against the ethnic Bengali majority; suppression of the secular Bengali culture and linguistic heritage; and military rule. In the early years of Pakistan's independence, Bengalis protested against attempts by [[West Pakistan]] to impose [[Urdu]], a language remote to the eastern Indian subcontinent, as the sole state language of Pakistan. The subsequent [[Bengali Language Movement]] in 1952 gave rise to Bengali linguistic and cultural nationalism in the province of [[East Bengal]], as opposed to Islamic nationalism in the rest of Pakistan. Bengali resentment aggravated over the years as the democratically elected provincial governments in East Bengal were dismissed, the name of the province was changed to East Pakistan, greater discrimination prevailed in recruitment and promotions in the civil services and armed forces, harsher restrictions were imposed on secular Bengali culture, economic disparity between East and West Pakistan widened and the increased suppression on Bengali political parties and leaders by the Pakistani military and its [[Islamic fundamentalism|Islamic fundamentalist]] allies.<ref>http://www.newagebd.com/2005/dec/16/vd/01.html</ref>

In the late 1960s, the main Bengali political party, the [[Awami League]], proposed the [[Six point movement|Six Point demands]] as the basis for a new constitution in Pakistan. Drafted by leading Bengali intellectuals and nationalists [[Rehman Sobhan]], [[Govinda Chandra Dev]], [[Mohammad Shamsuzzoha]], [[Kamal Hossain]] and [[Tajuddin Ahmad]], the six points envisioned Pakistan as a [[parliamentary democracy]] where supremacy lies with a legislature directly elected on the basis of [[universal suffrage]]. The Six Points were also based on the Two Economies Theory coined by economist Rehman Sobhan.<ref>http://www.cpd-bangladesh.org/activities/rs_book_launch.html</ref> The theory argued that West and East Pakistan have essentially two different economies lying in different regions and with different characteristics, and therefore power cannot be vested with the central government. It argued that the survival of the union between East and West Pakistan depended on establishing a federation that guaranteed considerable economic and political autonomy for each province. But the Two-Economies Theory also evoked, among Bengalis, a nationalistic reminiscence similar to that of the [[Two-Nation Theory]], that drove the founding of Pakistan. It served as the economic justification for [[Bengali nationalism]] and independence from the feudal and military establishment of West Pakistan. The Six point movement would be spearheaded by the charismatic Awami League leader [[Sheikh Mujibur Rahman]] in a popular movement that engulfed the entire province of East Pakistan. Afterwards, Sheikh Mujib along with senior leadership of the Awami League, would be arrested and tried for treason in the [[Agartala Conspiracy Case]]. Sheikh Mujib also placed the proposals at a meeting in 1966, between President Ayub Khan and all other opposition parties. The proposals were rejected by Ayub Khan and all major West Pakistan based political parties.<ref>http://www.cpd-bangladesh.org/activities/rs_book_launch.html</ref>
[[Image:Banglaconstitution.jpg|thumb|right|400px|Members of the Constitution Drafting Committee and national cabinet]]
The tensions provoked by the [[Six point movement]] would contribute to the fall of the [[Ayub Khan]] regime and lead to the [[Pakistani general election, 1970|1970 elections]], which were overwhelmingly won by the Awami League.<ref>(Source G.W. Choudhury (1974) The last days of United Pakistan p128-129)</ref> The subsequent refusals by the Pakistani military to hand over power to the Awami League eventually culminated in the [[Bangladesh Liberation War]]. During the war the Pakistani military again imposed [[martial law]] and committed [[1971 Bangladesh atrocities|wide spread atrocities]] against the Bengali population. They were aided by [[Bangladesh Jamaat-e-Islami|Islamic fundamentalist parties]] and [[Razakars (Bangladesh)|militias]]. The war ended in December, 1971 with the victory of Bengali nationalists and emergence of Bangladesh.<ref>(Source G.W. Choudhury (1974) The last days of United Pakistan p128-129)</ref> In 1972, the 300 members elected to the East Pakistan Legislative Assembly in the 1970 elections, were made members of the Constituent Assembly of Bangladesh. An all-party committee (except Islamic fundamentalist parties) headed by [[Kamal Hossain|Dr. Kamal Hossain]], the Minister of Law in the new government, was tasked to draft the constitution of the new country. The constitution drafting committee consisted of members of all parties in the constituent assembly, including the [[Awami League]], [[National Awami Party]], [[Jatiya Samajtantrik Dal]] and the seven independent lawmakers.

The constitution drafting committee would take inspiration from the intellectual thought that drove the [[Six point movement]] and the [[Bangladesh Liberation War|liberation war]]; the heritage of democratic struggle by Bengalis in the [[Indian Subcontinent]], during both the [[British Raj]] and the Pakistan era; and the secular Bengali culture in formulating the constitution. The drafters of the constitution also identified the features of the Pakistani state that created widespread discontent in its population, particularly the Bengalis. One such feature was the religion based polity that gave opportunity to the military to influence politics. They also felt that religious nationalism failed to establish a sustainable state in Pakistan. Keeping in mind the lack of democracy and powerful influence of the military in Pakistan, the drafters of the constitution envisioned Bangladesh as a [[Secular state|secular]] [[democracy]], in order to establish a progressive and sustainable state.<ref>http://www.newagebd.com/2005/dec/16/vd/01.html</ref>The secular nature of [[Culture of Bengal|Bengali culture]] also served as an important motivation in inspiring a secular state for Bangladesh.

The drafters would also base the constitution on the objectives of the Two-Economies Theory. The theory argued economic autonomy for East Pakistan in order to attain greater equity in the distribution of income, as the Pakistan's economy was dominated by the West Pakistani feudal elite.<ref>http://un.org.pk/hdc/Speeches%20of%20Dr.%20Haq%20Folder/System%20is%20to%20blame.htm</ref> Bengali nationalists felt the idealism of a "[[socialist]]" or "[[Social democracy|social democratic]]" society while waging movements against the feudal elite of Pakistan. Influenced by this idealism, the leadership of Bangladesh felt that greater equity in the new country would be possible either through [[social democracy]] or [[democratic socialism]]. They also felt that the war ravaged country needed a strong public sector to drive initial economic development.

== Preamble ==

The preamble to the Constitution of Bangladesh is the introductory statement that sets out the guiding purpose and principles of the document. The preamble is not an integral part of the constitution in the sense that it is enforceable in a court of law.
[[Image:SheikhMujibConstitution.jpg|thumb|right|180px|Prime Minister [[Sheikh Mujibur Rahman]] signing the constitution into law on [[Victory Day (Bangladesh)|Victory Day]], 1972]]
===Full Text===

{{quotation|We, the people of Bangladesh, having proclaimed our Independence on the 26th day of March, 1971 and through a historic struggle for national liberation, established the independent, sovereign People's Republic of Bangladesh;

Pledging that the high ideals of nationalism, secularity, democracy and socialism, which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in the struggle for national liberation, shall be fundamental principles of the Constitution;

Further pledging that it shall be a fundamental aim of the State to realise through the democratic process, a socialist society free from exploitation, a society in which the rule of law, fundamental human rights and freedoms, equality and justice, political, economic and social, will be secured for all citizens;

Affirming that it is our sacred duty to safeguard, protect and defend this Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh so that we may prosper in freedom and may make our full contribution towards international peace and co-operation in keeping with the progressive aspirations of mankind;

In our Constituent Assembly, this eighteenth day of Kartick, 1379 B.S corresponding to the fourth day of November, 1972 A.D., do hereby adopt, enact and give to ourselves this Constitution.}}

==Organs of the State==
As per the constitution of the republic it comprises three basic organs:
# Legislative Branch
# Executive Branch
# Judicial Branch

==Articles==


The constitution of Bangladesh is divided into 11 parts, which are further subdivided into 153 articles. In addition, there are 4 schedules.

===Part I: The Republic===
This section defines the nature of the country, its state religion and other national issues. According to it, Peoples Republic of Bangladesh is a unitary republic consisting of the territories of the former [[East Pakistan]] and also included territories (some enclaves exchanged with [[India]]). The state religion is [[Islam]], but all other religions can be practised in peace and harmony. The state language is [[Bengali language|Bangla]] and the national anthem is the first ten line of the song [[Amar Sonar Bangla]] written by [[Rabindranath Tagore]]. The national flag is a red circle on a green background. The national emblem is the national flower [[Shapla]] (nympoea-nouchali) resting on water, having on each side and ear of paddy and being surmounted by three connected leaves of jute with two stars on each side of the leaves. This section also mandates that the portrait of prime minister must be displayed in all government, semi-government and autonomous offices. The capital of the country is [[Dhaka]]. The citizens are to be known as [[Bangladesh]]is.

Finally Part I asserts that all power belong to the people and the constitution, being the supreme law of the country, will supersede any other laws and regulations.

===Part II: Fundamental principles of state policy===
This part describes the fundamental principles. The original 1972 constitution had 4 basic principles: [[Secularity]], [[Nationalism]], [[Democracy]] and [[Socialism]] (meaning economic and social justice for all). However, later amendments replaced [[Secularity]] with "Absolute trust and faith in the Almighty Allah shall be the basis of all actions."<ref>{{cite web |title=Constitution of Bangladesh: Part II: Fundamental Principles of State Policy |work=Chief Adviser's Office |publisher=Prime Minister's Office. Government of the People's Republic of Bangladesh |url=http://www.pmo.gov.bd/pmolib/constitution/part2.htm#P2 }}</ref>

Part II's article 9, 10, and 11 declares the rights of the people. Article 9 provides guidelines for quotas for the underrepresented communities, women, and peasants. Article 10 states the equal rights of women. Article 11 states that Bangladesh would be a democracy, with guaranteed human rights. Article 13, 14, 15, and 16 deal with principal of ownership, emancipation of workers and peasants, provision of basic necessities, and rural development. Article 17 states that the basic education will be free and compulsory for all children. The remaining articles (18-25) provide various guarantees for public health and morality, equality of opportunity, work as a right and duty, duties of citizens and of public servants, separation of Judiciary from the executive, national culture, national monuments, and promotion of international peace, security and solidarity, respectively.

===Part III: Fundamental rights===
26. Laws inconsistent with fundamental rights to be void.
(1) All existing law inconsistent with the provisions of this Part shall, to the extent of such
inconsistency, become void on the commencement of this Constitution.
(2) The State shall not make any law inconsistent with any provisions of this Part, and any
law so made shall, to the extent of such inconsistency, be void.
(3) Nothing in this article shall apply to any amendment of this Constitution made under
article 142.

27. Equality before law.
All citizens are equal before law and are entitled to equal protection of law.

28. Discrimination on grounds of religion, etc.
(1) The State shall not discriminate against any citizen on grounds only of religion, race
caste, sex or place of birth.
(2) Women shall have equal rights with men in all spheres of the State and of public life.
(3) No citizen shall, on grounds only of religion, race, caste, sex or place of birth be subjected
to any disability, liability, restriction or condition with regard to access to any place
of public entertainment or resort, or admission to any educational institution.
(4) Nothing in this article shall prevent the State from making special provision in favour of
women or children or for the advancement of any backward section of citizens.

29. Equality of opportunity in public employment.
(1) There shall be equality of opportunity for all citizens in respect of employment or office
in the service of the Republic.
(2) No citizen shall, on grounds only of religion, race, caste, sex or place of birth, be ineligible
for, or discriminated against in respect of, any employment or office in the service of the
Republic.
(3) Nothing in this article shall prevent the State from -
(a) making special provision in favour of any backward section of citizens for the purpose
of securing their adequate representation in the service of the Republic;
(b) giving effect to any law which makes provision for reserving appointments relating
to any religious or denominational institution to persons of that religion or denomination;
reserving for members of one sex any class of employment or office on the
ground that it is considered by its nature to be unsuited to members of the opposite
sex.

30. Prohibition of foreign titles, etc.
No citizen shall, without the prior approval of the President, accept any title, honour, award
or decoration from any foreign state.

31. Right to protection of law.
To enjoy the protection of the law, and to be treated in accordance with law, and only in
accordance with law, is the inalienable right of every citizen, wherever he may be, and of
every other person for the time being within Bangladesh, and in particular no action detrimental
to the life, liberty, body, reputation or property of any person shall be taken except in
accordance with law.

32. Protection of right to life and personal liberty.
No person shall be deprived of life or personal liberty save in accordance with law.

33. Safeguards as to arrest and detention.
(1) No person who is arrested shall be detained in custody without being informed, as soon
as may be of the grounds for such arrest, nor shall he be denied the right to consult and be
defended by a legal practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be produced before the nearest
magistrate within a period of twenty four hours of such arrest, excluding the time necessary
for the journey from the place of arrest to the court of the magistrate, and no such person
shall be detained in custody beyond the said period without the authority of a magistrate.
(3) Nothing in clauses (1) and (2) shall apply to any person-
(a) who for the time being is an enemy alien; or
(b) who is arrested or detained under any law providing for preventive detention.
(4) No law providing for preventive detention shall authorise the detention of a person for a
period exceeding six months unless an Advisory Board consisting of three persons, of whom
two shall be persons who are, or have been, or are qualified to be appointed as, Judges of the
Supreme Court and the other shall be a person who is a senior officer in the service of the
Republic, has, after affording him an opportunity of being heard in person, reported before
the expiration of the said period of six months that there is, in its opinion, sufficient cause
for such detention.
(5) When any person is detained in pursuance of an order made under any law providing for
preventive detention, the authority making the order shall, as soon as may be, communicate
to such person the grounds on which the order has been made, and shall afford him the earliest
opportunity of making a representation against the order.
(6) Parliament may be law prescribe the procedure to be followed by an Advisory Board in
an inquiry under clause (4) .

34. Prohibition of forced labour.
(1) All forms of forced labour are prohibited and any contravention of this provision shall be
an offence punishable in accordance with law.
(2) Nothing in this article shall apply to compulsory labour.
(a) by persons undergoing lawful punishment for a criminal offence; or required by any
law for public purpose.

35. Protection in respect of trial and punishment.
(1) No person shall be convicted to any offence except for violation of al law in force at the
time of the commission of the act charged as an offence, nor be subjected to a penalty
greater than, or different from that which might have been inflicted under the law in force at
the time of the commission of the offence.
(2) No person shall be prosecuted and punished for the same offence more than once.
(3) Every person accused of a criminal offence shall have the right to a speedy and public
trial by an independent and impartial court or tribunal established by law.
(4) No person accused of any offence shall be compelled to be a witness against himself.
(5) No person shall be subjected to torture or to cruel, inhuman, or degrading punishment or
treatment.
(6) Nothing in clause (3) or clause (5) shall affect the operation of any existing law which
prescribes any punishment or procedure for trial.

36. Freedom of movement.
Subject to any reasonable restrictions imposed by law in the public interest, every citizen
shall have the right to move freely throughout Bangladesh, to reside and settle in any place
therein and to leave and re-enter Bangladesh.

37. Freedom of assembly.
Every citizen shall have the right to assemble and to participate in public meetings and processions
peacefully and without arms, subject to any reasonable restrictions imposed by law
in the interests of public order health.

38. Freedom of association.
Every citizen shall have the right to form associations or unions, subject to any reasonable
restrictions imposed by law in the interests of morality or public order;

39. Freedom of thought and conscience, and of speech.
(1) Freedom or thought and conscience is guaranteed.
(2) Subject to any reasonable restrictions imposed by law in the interests of the security of
the State, friendly relations with foreign states, public order, decency or morality, or in relation
to contempt of court, defamation or incitement to an offence-
(a) the right of every citizen of freedom of speech and expression; and freedom of the
press, are guaranteed.

40. Freedom of profession or occupation.
Subject to any restrictions imposed by law, every citizen possessing such qualifications, if
any, as may be prescribed by law in relation to his profession, occupation, trade or business
shall have the right to enter upon any lawful profession or occupation, and to conduct any
lawful trade or business.

41. Freedom of religion.
(1) Subject to law, public order and morality-
(a) every citizen has the right to profess, practice or propagate any religion;
(b) every religious community or denomination has the right to establish, maintain and
manage its religious institutions.
(2) No person attending any educational institution shall be required to receive religious
instruction, or to take part in or to attend any religious ceremony or worship, if that instruction,
ceremony or worship relates to a religion other than his own.

42. Rights to property.
(1) Subject to any restrictions imposed by law, every citizen shall have the right to acquire,
hold, transfer or otherwise dispose of property, and no property shall be compulsorily acquired,
nationalised or requisitioned save by authority of law.
(2) A law made under clause (1) shall provide for the acquisition, nationalisation or requisition
with compensation and shall either fix the amount of compensation or specify the principles
on which, and the manner in which, the compensation is to be assessed and paid; but
no such law shall be called in question in any court on the ground that any provision in respect
of such compensation is not adequate.
(3) Nothing in this article shall affect the operation of any law made before the commencement
of the Proclamations (Amendment) Order, 1977 (Proclamations Order No. I of 1977),
in so far as it relates to the acquisition, nationalisation or acquisition of any property without
compensation.

43. Protection of home and correspondence.
Every citizen shall have the right, subject to any reasonable restrictions imposed by law in
the interests of the security of the State, public order, public morality or public health-
(a) to be secured in his home against entry, search and seizure; and to the privacy of his
correspondence and other means of communication.

44. Enforcement of fundamental rights.
(1) The right to move the High Court Division in accordance with clause (I) of article 102
for the enforcement of the rights conferred by this Part of guaranteed.
(2) Without prejudice to the powers of the High Court Division under article 102, Parliament
may be law empower any other court, within the local limits of its jurisdiction, to exercise
all or any of those powers.

45. Modification of rights in respect of disciplinary.
Nothing in this Part shall apply to any provision of a disciplinary law relating to members of
a disciplined force, being a provision limited to the purpose of ensuring the proper discharge
of their duties or the maintenance of discipline in that force.

46. Power to provide indemnity.
Notwithstanding anything in the foregoing provisions of this Part, Parliament may be law
make provision for indemnifying any person in the service of the Republic or any other person
in respect of any act done by him in connection with the national liberation struggle or
the maintenance or restoration of other in any area in Bangladesh or validate any sentence
passed, punishment inflicted, forfeiture ordered, or other act done in any such area.

47. Saving for certain laws.
(1) No law providing for any of the following matters shall be deemed to be void on the
ground that it is inconsistent with, or takes away or abridge, any of the rights guaranteed by
this Part-
(a) the compulsory acquisition, nationalisation or requisition of any property, or the control
or management thereof whether temporarily or permanently;
(b) the compulsory amalgamation of bodies carrying on commercial or other undertakings;
(c) the extinction, modification, restriction or regulation of rights of directors, managers,
agents and officers of any such bodies, or of the voting rights of persons owning
shares or stock (in whatever form) therein;
(d) the extinction, modification, restriction or regulation of rights of search for or win
minerals or mineral oil;
(e) the carrying on by the Government or by a corporation owned, controlled or managed
by the Government, of any trade, business, industry or service to the exclusion,
complete or partial, or other persons; or
(f) the extinction, modification, restriction or regulation of any right to property, any
right in respect of a profession, occupation, trade or business or the rights of employers
or employees in any statutory public authority or in any commercial or industrial
undertaking;
if Parliament in such law (including, in the case of existing law, by amendment) expressly
declares that such provision is made to give effect to any of the fundamental principles of
state policy set out in Part II of this Constitution.
(2) Notwithstanding anything contained in this Constitution the laws specified in the First
Schedule (including any amendment of any such law) shall continue to have full force and
effect, and no provision of any such law, nor anything done or omitted to be done under the
authority of such law, shall be deemed void or unlawful on the ground of inconsistency
with, or repugnance to, any provision of this Constitution; 24 Provided that nothing in this
article shall prevent amendment, modification or repeal of any such law.
(3) Notwithstanding anything contained in this Constitution, no law nor any provision
thereof providing for detention, prosecution or punishment of any person, who is a member
of any armed or defence or auxiliary forces or who is a prisoner of war, for genocide, crimes
against humanity or war crimes and other crimes under international law shall be deemed
void or unlawful, or ever to have become void or unlawful, on the ground that such law or
provision of any such law is inconsistent with, or repugnant to any of the provisions of this
Constitution.

47A. In applicability of certain articles.
(1) The rights guaranteed under article 31. clauses (1) and (3) of article 35 and article 44
shall not apply to any person to whom a law specified in clause (3) of article 47 applies.
(2) Notwithstanding anything contained in this Constitution, no person to whom a law specified
in clause (3) of article 47 applies shall have the right to move the Supreme Court for
any of the remedies under this Constitution.

==Amendments==

In 1977, when Bangladesh was under [[martial law]], [[President of Bangladesh|President]] and [[Chief Martial Law Administrator]] Lieutenant General [[Ziaur Rahman]] passed a presidential decree that removed the principle of secularism from the permeable of the constitution and instead of it, placed ''"absolute trust and faith in the Almighty Allah"''. The decree was later legitimized by the second parliament of Bangladesh.

In January, 2010, the [[Bangladesh Supreme Court]] observed that parliament does not possess any authority to suspend the constitution and proclaim martial law and hence, it cannot legitimize actions of martial law regimes. The judgment paved way for restoring the original four fundamental principles declared in the permeable of the constitution, including secularity.<ref>http://www.thedailystar.net/newDesign/latest_news.php?nid=21972</ref><ref>http://www.thedailystar.net/newDesign/latest_news.php?nid=21979</ref>

The Supreme Court followed with a July 2010 ruling scrapping provisions which allowed religious parties to flourish after 1979. The ruling is expected to pave the way for a return to complete secularism in Bangladeshi law. <ref>http://www.google.com/hostednews/afp/article/ALeqM5h_5T_bgbToWaGqK2gxXACMFuySog</ref>

==See also==
* [[Bangladesh]]
* [[Constitution]]
* [[Constitutional law]]
* [[Constitutional economics]]
* [[Constitutionalism]]

==References==
<references/>

==External links==
*[http://www.pmo.gov.bd/pmolib/constitution/ To see the '''Full text of the constitution''']

{{Asia topic|Constitution of}}

[[Category:Government of Bangladesh]]
[[Category:Constitutions|Bangladesh]]

[[bn:বাংলাদেশের সংবিধান]]