Chapter One 17
Introducing the Constitution of Bangladesh 17
Definition of Constitution 17
Sources of the Constitution 18
Methods of Establishing Constitution 19
Classifications of the Constitution 20
Classification of the Constitution based on the nature and form
of the state and its governance 22
Historical Background of Bangladesh Constitution 24
Interim Constitution in Bangladesh 26
Main Features of the Proclamation of Independence 28
Making of the Constitution of Bangladesh 29
Salient Features of the Constitution of Bangladesh 31
Chapter Two 35
Supremacy of the Constitution 35
Parliamentary Supremacy 35
Constitutional Supremacy 35
Constitutional Supremacy and Judicial Review 37
Constitutional Supremacy and Judicial Review in Bangladesh 38
Chapter Three 41
Preamble to the Constitution 41
What is Preamble? 41
Is preamble a part of the Constitution? 42
Is preamble a part of the Constitution of Bangladesh? 42
Significance of The preamble 43
Preamble and Interpretation of the Constitution 47
Chapter Four 51
Fundamental Principles of State Policy 51
Meaning of Fundamental Principles of State Policy 51
Justiciable Vs. Non-Justiciable 52
Features of Fundamental Principles of State Policy 55
Significance of fundamental Principles 55
Fundamental Principles related to the establishment of a welfare state (Economic Equality) 56
Fundamental Principles related to social and educational upliftment 56
Fundamental Principles pertaining to administrative matters 57
Fundamental Principles for international Peace 57
Provisions of Fundamental Principles of State Policy 57
Fundamental Principles V. Fundamental Rights: Determining the Superiority 59 Constitutional Significance of Fundamental Principles
Fundamental Principles as a guide to the interpretation 61
Chapter Five 63
Fundamental Rights 63
Human Rights 63
Fundamental Rights 65
Features of Fundamental Rights 66
Distinction between Fundamental Rights and Human Rights 67
Characteristics of Fundamental rights 68
Types of Fundamental Rights 69
Reasonable Restrictions on Fundamental Rights 72
Sanctity of Fundamental Rights 75
Chapter Six 79
Expanding Dimensions of “Right to Life” 79
Right to life includes ‘Right to health and longevity’ 80
Right to Life includes ‘Right to Shelter’ 81
Slum Dwellers’ Right to Shelter under Right to life 82
Right to life includes ‘Right to a healthy environment’ 82
Right to life includes ‘Right to livelihood’ 83
Right to life’ includes ‘Right to necessary condition of life’ 84
Approach of India and Pakistan regarding “Right to Life’ 85
Chapter Seven 87
Preventive Detention under Constitution of Bangladesh 87
Definition of Preventive detention 87 Constitutional Provisions regarding Preventive detention 96
Nature and Justification of Preventive Detention 89
Scope of Abuse of Power under the Provision of Preventive detention 91
Report by the Law Commission on the Provisions Relating to
Preventive Detention under the Special Powers Act 1974 93
Legal Remedies against Preventive Detention 101
Conclusion 103
Chapter Eight 105
The President of Bangladesh 105
Status of President 105
Oath or affirmation 105
Immunity of the President 106
Prerogative of mercy 106
Eligibility 106
Conditions for Presidency 107
Tenure of the President 107
Resignation and Vacancy 107
Appointments by President 108
Election of the President 108
Impeachment of the President 108
Removal of President on ground of incapacity 110
Powers and Functions of the President 111
Duties of the President 114
Is the President bound by Prime Minister’s Advice? 115
Chapter Nine 117
Prime Minister and the Cabinet 117
Prime Minister and the Cabinet 117
Composition of the Cabinet 118
Status of the Prime Minister in the Cabinet 118
Powers and Functions of the Prime Minister 119
Collective Responsibility of Ministers 121
The Cabinet 122
Functions of the Cabinet 122
Tenure of office of Prime Minister 122
Tenure of office of other Ministers 123
Chapter Ten 125
The Legislature 125
Composition of the Parliament 125
Qualifications and Disqualifications for election to Parliament 126
Conditions for Vacating Seats 127
Bar against Double Membership 128
Sessions and Quorum 128
Privileges and Immunities 129
Speaker and Deputy Speaker 129
Vacation of Office of the Speaker or Deputy Speaker 129
Standing Committees of Parliament 130
Debate on Article 70 131
Article 70 and the freedom of expression of the Members of Parliament: An appraisal 132
The powers and functions of the Parliament 134
Parliament Secretariat 135
Chapter Eleven 137
The Supreme Court of Bangladesh 137
The Supreme Court of Bangladesh 137
Number of Judges 137
Appointment of the Judges 138
Tenure of office of Judges 138
The Jurisdiction of High Court Division 139
The Jurisdiction of Appellate Division 140
Some Functions of the Supreme Court under Constitution 142
The subordinate Courts 143
Control and discipline of subordinate courts 143
Chapter Twelve 145
Writ 145
Definition of Writ 145
How Writs are issued in our Country under Constitution 145
Various types of Writs 146
Writ of Habeas Corpus 146
When the writ of Habeas corpus is issued? 147
Writ of Mandamus 147
Writ of prohibition 148
Writ of Certiorari 149
The writ of quo warranto 150
Chapter Thirteen 153
Public Interest Litigation 153
What is Public Interest Litigation? 153
Liberalising the Locus Standi: Evolution of PIL 155
Development of PIL in India 156
PIL in Bangladesh 158
Legal basis of PIL in Bangladesh 160
Who can file a PIL? 164
Abuse of PIL 166
Conclusion 168
Chapter Fourteen 169
Independence of Judiciary 169
Independence of Judiciary in Bangladesh 170
Conclusion 176
Chapter Fifteen 177
Ordinance Making Power of the President 177
Historical Background 177
Ordinance in different Countries 178
Ordinance Making Provisions in Bangladesh Constitution 180
Limitations on Ordinance making 181
Conclusion 182
Chapter Sixteen 183
Emergency Provisions 183
Definition of emergency 183
Justification of inserting Emergency Provision 184
Classification of Emergencies 186
Who can declare the proclamation of emergency? 187
When the president can declare the proclamation of emergency? 188
When a proclamation of emergency is no more valid 189
Position of Fundamental Rights during Emergency 190
Chapter Seventeen 193
Amendments in Bangladesh Constitution 193
Necessity of Constitutional Amendment 193
Provision Concerning Amendment of Bangladesh Constitution 194
First Amendment 194
Second Amendment 200
Fourth Amendment 200
Fifth Amendment 200
Sixth Amendment 202
Seventh Amendment 202
Eighth Amendment 203
Ninth Amendment 205
Tenth Amendment 209
Eleventh Amendment 209
Twelfth Amendment 210
Thirteenth Amendment 212
Fourteenth Amendment 215
Fifteen Amendments 216
Sixteenth Amendment 219
Chapter Eighteen 225
Doctrine of Basic Structure 225
Anwar Hussain .Vs. Bangladesh or 8th Amendment Case 225
Impact of the application of Basic Structure Theory 228
Conclusion 230
Chapter Nineteen 231
Rule of Law 231
Elements of the Rule of Law 231
Development of the concept of Rule of Law 232
Traditional or Old Concept of rule of law 233
Deycian Concept of Rule of Law 233
The Modern Concept of Rule of Law 234
Rule of law in the International Documents 235
Necessary Recommendations 237
Conclusion 237
Chapter Twenty 239
Election Commission 239
Establishment of Election Commission 239
Composition of election commission 239
Powers and Functions of election commission 240
Staff of Election Commission 240
Qualifications for registration as voter 241
Time for holding elections 241
Validity of election law and elections 242
Executive authorities to assist Election Commission 243
Chapter Twenty One 245
Administrative Tribunal 245
The advantage of a tribunal 245
Administrative Tribunal and Bangladesh Constitution 245
Characteristics of Administrative Tribunal 248
The Distinctions between Administrative Tribunal and Court 248
The Functions of Administrative Tribunals in Bangladesh 249
Establishment of Administrative Tribunal 249
Jurisdiction of the Administrative Tribunal 250
Establishment of Administrative Appellate Tribunal 250
Jurisdiction and Power of the Administrative Appellate Tribunal 251
Chapter Twenty Two 253
The Concept of Natural Justice 253
What is meant by Natural Justice? 253
History of the growth of the Concept of Natural Justice 256
Development of the concept of natural justice in modern legal sphere 257
The Twin Pillars of the rules of natural justice 258
The Audi Alteram Partem Rule 259
The Nemo Judex in Causa Sua Rule 266
The concept of natural justice and Bangladesh Constitution 269
Concept of Natural Justice to diminish arbitrary Exercise of Discretionary power 270
Conclusion 276
Chapter Twenty Three 277
Local Government 277
Definition of Local Government 277
Evolution of local Government in Bangladesh 278
Pre-colonial period 278
British Colonial period 279
Pakistan Period 280
Local Government Experiments in Bangladesh 281
Local Government in the Bangladesh Constitution 283
Existing Classification of Local Government in Bangladesh 284
Conclusion 284
Chapter Twenty Four 285
Ombudsman 285
Origin of the Word "Ombudsman" 285
Definition of Ombudsman 285
Features of Ombudsman 286
Ombudsman in the Constitution of Bangladesh 290
Legal position of Ombudsman in Bangladesh 292
Conclusion 292
Selected Bibliography 293-296
