The Constitutional Law of BangladeshEmergency Provisions and Amendment of Constitution

What is Emergency?There are emergency provisions in the constitution of some countries but nowhere it is exactly defined what emergency is. Normally emergency means an unexpected occurrence requiring immediate action.On the basis of its nature emergency may be following three types:

1. Emergency of War;2. Emergency of Subversion; and3. Economic Emergency.

Under what circumstances emergency can be declared under the Constitution of Bangladesh?Under the following circumstances an emergency can be declared under the Constitution of Bangladesh:

1. Grave Emergency exists for security or economic life of Bangladesh or any part of thereof;

2. War or Aggression; and3. Internal Disturbance.

What Fundamental Rights can be suspended during the emergency period?While a Proclamation of Emergency is in operation, the Constitution would not be suspended, but Articles 36, 37, 38, 39, 40and 42 shall restrict the power of the State to make any law or to take any executive action.Article 36: Freedom of MovementArticle 37: Freedom of AssemblyArticle 38: Freedom of AssociationArticle 39: Freedom of thought and conscience, and of speechArticle 40: Freedom of profession or occupationArticle 42: Rights to Property

Amendments of the Constitution of Bangladesh1st Amendment: War Crimes and Crimes against Humanity2nd Amendment: Emergency provisions (Art. 141A) and preventive detention (Art. 70)3rd Amendment: Bangladesh and India boundary line agreement (Art. 2)

4th Amendment: Abolish Parliamentary Government and Independence of Judiciary5th Amendment: Validity of Martial Law by Mejor Ziaur Rahman6th Amendment: Vice President introducing7th Amendment: Validity of Martial Law by Ershad8th Amendment: High Court divisional branch and state religion is Islam9th Amendment: Direct election of president and vice president10th Amendment: Increase 15 seats for women in parliament with 10 years validity11th Amendment: Validity to Sahabuddin Ahmed President from Chief Justice 12th Amendment: Established Parliamentary Government and Independence of Judiciary13th Amendment: Care Taker Government provision established14th Amendment: Increase women seat to 45 in parliament15th Amendment: Abolish care taker government, state religion Islam but

Secularism, Biodiversity in Bangladesh (Art. 18A), Illegal of Martial Law by Mejor Ziaur Rahman, Modification of total 55 Articles, Constitution Supremacy is case of martial law, Father of the nation, National Emblem, Portrait of father of nation, Citizenship and Nationality, etc.

16th Amendment: Impeachment of Judicial Judges, Increase women seat to 50 in parliament, Tribal (Art. 23A)

Rule of Law incorporated in the Constitution of Bangladesh1. Art. 27: Equality before law;2. Art. 31: Right to protection of law;3. Art. 27-44: Fundamental Rights should be guaranteed by the Constitution or

Law

Rule of Law in Present Sense1. Democratic Government;2. Constitution;3. Responsible Government;4. Responsible Minister;5. Elected Government;6. Parliament;7. Human Rights, etc.

Against in Rule of Law in the Constitution of Bangladesh

1. Emergency situation/provision;2. Rights to property;3. Preventive detention;4. Martial law;5. Arbitratory power;6. Art. 70 of the Constitution, etc.

ARNAB/PCIU/LLB00205037 | Department of Lawarnab.pciu@outlook.com | www.facebook.com/n2rab