15 Amendment of Bangladesh
Constitution of Bangladesh: The Constitution of Bangladesh is the supreme law of Bangladesh. It declares Bangladesh as a secular democratic republic where sovereignty belongs to the people; and lays down the framework defining fundamental political principles of the state and spells out the fundamental rights of citizens. Passed by the Constituent Assembly of Bangladesh on November 4, 1972, it came into effect from December 16, 1972, the day commemorated as Victory Day in the country, marking the defeat of the Pakistan Army in the Bangladesh 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.
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.
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.
Constitutional amendments in Bangladesh: The Bangladesh Parliament has passed a crucial amendment to the Constitution, scrapping the caretaker government system for holding polls and restoring secularism but retaining Islam as the state religion. Under the caretaker system, introduced in 1996, general elections are overseen by non-partisan caretaker governments. The Constitution (15th Amendment) Bill, 2011 also brings in some other fundamental changes in the context of the liberation war against Pakistan, bringing back some principles which were deleted during military-rule. The Constitution now also acknowledges the country's Independence War hero Sheikh Mujibur Rahman as the Father of The Nation.
The Bill was passed by division vote with a majority of 291-1 for Prime Minister Sheikh Hasina's ruling alliance. However, amendments moved by two ruling alliance leaders opposing Islam as the state religion and religion-based politics were rejected. The Constitution, however, upholds equal rights and dignity for people of all religion. To prevent the misuse of religion, a ban has been imposed on terrorism and militancy.
The Bill was passed amid protests from various quarters including the BNP-led opposition, which has been boycotting the House since the current session began in May. The BNP, which has been opposing the annulment of the caretaker system, was asked by the ruling alliance to put forward an alternative but it did not.
The constitutional changes incorporate strict provisions against military takeovers, stating that capture of state power and suspension or staying the operation of the Constitution will be treated as treachery and a subversive act. Parliament has been empowered to hand down maximum penalty to those usurping state power.
The Bangladesh Parliament Passed the Constitution (15th Amendment) Bill, 2011: The Parliament of Bangladesh, the Jatiyo Sangsad, passed the Constitution (15th Amendment) Bill, 2011 on 30 June 2011 to amend its constitution under which the caretaker government system for holding general elections was scrapped. The bill which contained 15 proposals was passed by division vote with a majority of 291-1. However, amendments moved by ruling alliance opposing Islam as the state religion and religion-based politics were rejected. Islam has been retained as the state religion alongwith Bismillahi-Ar-Rahman-Ar-Rahim. The Constitutional amendments incorporate strict provisions against military takeovers. It treats military takeovers as treachery and a subversive act. Parliament has been given power to hand down maximum penalty to those usurping state power. The caretaker system was introduced in 1996 under the 13th amendment to the constitution of Bangladesh. Since then, the general elections were overseen by non-partisan caretaker governments. On 30 June 2011 the Environment Ministry of India gave its clearance for mining in six coal blocks in the state of Orissa. These coal blocks are planned to feed coal to three crucial power plants, including one ultra-mega power project (UMPP). All the six coal-blocks are part of IB Valley coalfield and only one i.e. Meenakshi-A is presently in the 'go' area, the other five being in 'no go' areas. No-Go areas is a reference to those forest areas which are out of bounds for coal mining, because of which environmental clearance was held up. 'No-go' areas have over
30% gross forest cover or over 10% weighted forest cover.
The permission came after all the three power projects agreed to substantially reduce the forest area that gets damaged by coal mining. Three of the coal blocks i.e. Meenakshi-A, Meenakshi-B and Meenakshi Dip side were allocated 4000-MW UMPP. Two 1320-MW power plants are to be set up by Orissa Power Generation Corporation (OGPC) and one to be set up by NTSC’s proposed 1600-MW power plant.
Salient features of 15th amendment of Constitution: Salient features of the 15th amendment of the Constitution passed by parliament Thursday.
1. Caretaker system abolished
2. Elections to be held under incumbent cabinet
3. Islam as State religion and ‘Bismillah-Ar-Rahman-Ar-Rahim’ retained
4. Revival of Article 12 to restore Secularism and freedom of religion
5. The people of Bangladesh shall be known as Bangalees as a nation and citizens of Bangladesh shall be known as Bangladeshis
6. Inserted articles 7A and 7B in the Constitution after Article 7 in a bid to end takeover of power through extra-constitutional means
7. Basic provisions of the constitution are not amendable
8. In the case of a dissolution Parliament by any reason, election should be held within 90 days of such dissolution
9. Increasing the number of women reserve seats to 50 from existing 45.
10. The Supreme Command of the defense services shall vest in the President and the exercise thereof shall be regulated by law.
11. The Chief Justice shall be appointed by the President, and the other judges shall be appointed by the President in consultation with the Chief Justice.
12. The portrait of the Father of the nation Bangbandhu Sheikh Mujibur Rahman shall be preserved and display at the offices of the President, the Prime Minister, the Speaker, and the Chief Justice and in head and branch offices of all government and semi-government offices, autonomous bodies, statutory public authorities, government and non-government educational institutions, embassies and missions of Bangladesh abroad.
13. Incorporation of historic speech of the Father of the Nation Bangabandhu Sheikh Mujibur Rahman on March 7, 1971, declaration of independence by Bangabandhu after midnight of March 25, 1971 and the proclamation of Independence declared at Mujibnagar on April 10, 1971.
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.
Constitutional amendments in Bangladesh: The Bangladesh Parliament has passed a crucial amendment to the Constitution, scrapping the caretaker government system for holding polls and restoring secularism but retaining Islam as the state religion. Under the caretaker system, introduced in 1996, general elections are overseen by non-partisan caretaker governments. The Constitution (15th Amendment) Bill, 2011 also brings in some other fundamental changes in the context of the liberation war against Pakistan, bringing back some principles which were deleted during military-rule. The Constitution now also acknowledges the country's Independence War hero Sheikh Mujibur Rahman as the Father of The Nation.
The Bill was passed by division vote with a majority of 291-1 for Prime Minister Sheikh Hasina's ruling alliance. However, amendments moved by two ruling alliance leaders opposing Islam as the state religion and religion-based politics were rejected. The Constitution, however, upholds equal rights and dignity for people of all religion. To prevent the misuse of religion, a ban has been imposed on terrorism and militancy.
The Bill was passed amid protests from various quarters including the BNP-led opposition, which has been boycotting the House since the current session began in May. The BNP, which has been opposing the annulment of the caretaker system, was asked by the ruling alliance to put forward an alternative but it did not.
The constitutional changes incorporate strict provisions against military takeovers, stating that capture of state power and suspension or staying the operation of the Constitution will be treated as treachery and a subversive act. Parliament has been empowered to hand down maximum penalty to those usurping state power.
The Bangladesh Parliament Passed the Constitution (15th Amendment) Bill, 2011: The Parliament of Bangladesh, the Jatiyo Sangsad, passed the Constitution (15th Amendment) Bill, 2011 on 30 June 2011 to amend its constitution under which the caretaker government system for holding general elections was scrapped. The bill which contained 15 proposals was passed by division vote with a majority of 291-1. However, amendments moved by ruling alliance opposing Islam as the state religion and religion-based politics were rejected. Islam has been retained as the state religion alongwith Bismillahi-Ar-Rahman-Ar-Rahim. The Constitutional amendments incorporate strict provisions against military takeovers. It treats military takeovers as treachery and a subversive act. Parliament has been given power to hand down maximum penalty to those usurping state power. The caretaker system was introduced in 1996 under the 13th amendment to the constitution of Bangladesh. Since then, the general elections were overseen by non-partisan caretaker governments. On 30 June 2011 the Environment Ministry of India gave its clearance for mining in six coal blocks in the state of Orissa. These coal blocks are planned to feed coal to three crucial power plants, including one ultra-mega power project (UMPP). All the six coal-blocks are part of IB Valley coalfield and only one i.e. Meenakshi-A is presently in the 'go' area, the other five being in 'no go' areas. No-Go areas is a reference to those forest areas which are out of bounds for coal mining, because of which environmental clearance was held up. 'No-go' areas have over
30% gross forest cover or over 10% weighted forest cover.
The permission came after all the three power projects agreed to substantially reduce the forest area that gets damaged by coal mining. Three of the coal blocks i.e. Meenakshi-A, Meenakshi-B and Meenakshi Dip side were allocated 4000-MW UMPP. Two 1320-MW power plants are to be set up by Orissa Power Generation Corporation (OGPC) and one to be set up by NTSC’s proposed 1600-MW power plant.
Salient features of 15th amendment of Constitution: Salient features of the 15th amendment of the Constitution passed by parliament Thursday.
1. Caretaker system abolished
2. Elections to be held under incumbent cabinet
3. Islam as State religion and ‘Bismillah-Ar-Rahman-Ar-Rahim’ retained
4. Revival of Article 12 to restore Secularism and freedom of religion
5. The people of Bangladesh shall be known as Bangalees as a nation and citizens of Bangladesh shall be known as Bangladeshis
6. Inserted articles 7A and 7B in the Constitution after Article 7 in a bid to end takeover of power through extra-constitutional means
7. Basic provisions of the constitution are not amendable
8. In the case of a dissolution Parliament by any reason, election should be held within 90 days of such dissolution
9. Increasing the number of women reserve seats to 50 from existing 45.
10. The Supreme Command of the defense services shall vest in the President and the exercise thereof shall be regulated by law.
11. The Chief Justice shall be appointed by the President, and the other judges shall be appointed by the President in consultation with the Chief Justice.
12. The portrait of the Father of the nation Bangbandhu Sheikh Mujibur Rahman shall be preserved and display at the offices of the President, the Prime Minister, the Speaker, and the Chief Justice and in head and branch offices of all government and semi-government offices, autonomous bodies, statutory public authorities, government and non-government educational institutions, embassies and missions of Bangladesh abroad.
13. Incorporation of historic speech of the Father of the Nation Bangabandhu Sheikh Mujibur Rahman on March 7, 1971, declaration of independence by Bangabandhu after midnight of March 25, 1971 and the proclamation of Independence declared at Mujibnagar on April 10, 1971.
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