In the modern world, constitution is the sine-qua-no for any

country to operate its all sort of functions properly. Constitution

means- the collection of principles according to which the
power of the government, the rights of the governed and the
relation between the two adjusted. Professor Lord Bryce says-
"Constitution is a set of established rules embodying and
enacting the practice of government". Finally, constitution is a
set of rules or laws, written or unwritten which determined the
organization of government, the distribution of powers of
various organs of government and the general principles on
which these power are exercised.
The constitution of the People's Republic of Bangladesh has
been adopted as the highest law of the country on 16
December, 1972 after passing it on November 4, 1972 in the
Constituent Assembly of Bangladesh. After that it has been
amended sixteen times.
Constitutional Amendments
A constitutional amendment refers to the modification of the
Constitution of a nation or state. In many jurisdictions the text
of the constitution itself is altered; in others the text is not
changed, but the amendments change its effect. The way of
modification is typically written into the Constitution itself.
Most constitutions as require that amendments cannot be
enacted unless they have passed a special procedure that is
more stringent than that required of ordinary legislation.
Examples of such special procedures include supermajorities in
the legislature, or direct approval by the electorate in a
referendum, or even a combination of two or more different
special procedures. A referendum to amend the constitution
may also be triggered in some jurisdictions by popular
initiative.
In Bangladesh, Parliament was given the power to
amend the constitution. Art.142 provided for a special
procedure for such amendment and prescribed that no
Bill for amendment should be presented to the
President unless it was passed by the votes of not less
than two thirds of the total number of members of
Parliament.
Amendment Procedure of the constitution of Bangladesh
1. According to our main constitution article 142. If we
want to change any provision we have to bring a bill
writing what articles are changed.
2. According to main constitution it is needed the
support of 2/3 majority of the total number of
parliament to amend any article. In 1978, The president
Ziaur Rahman said to change some articles, it is not
enough the support of 2/3 but it is also needed
referendum. Those are preamble, article 8, 48, 56,
142(1A).
Amendments of the constitution of Bangladesh
The Constitution of the People's Republic of Bangladesh has
been amended several times. The following is a brief account of
these acts and orders. Amendments of the constitution of
Bangladesh
1st Amendment:
The first amendment was brought in July 1973 in the first
elected Jatiya Sangsad under the newly framed constitution.
Two articles were incorporated in section 47 of the constitution
in order to formulate laws and execute those to try criminals
who committed genocide, crimes against humanity, war crimes
and crimes under international laws..
2nd Amendment:
The second amendment was passed on September 22 in 1973
to facilitate the government to promulgate emergency and
suspension of fundamental rights, allow government to detain
people without trial for certain periods.
3rd Amendment:
The third amendment was made part of the constitution on
November 28, 1974 in order to implement a treaty between
Sheikh Mujib and Indira Gandhi in to handover an enclave
named Berubari to India.
4th Amendment:
The forth amendment to the constitution was passed on
January 25 in 1975 through which parliamentary system of
government was replaced by presidential form of government.
Introduction of one-party, curtail independence of judiciary
were also made part of the constitution.
5th Amendment:
The fifth brought on April 6 in 1979. It did not in fact bring any
change to any section of the constitution, rather it indemnify all
orders, promulgations and sentences. between August 15, 1975
and April 6, 1979 when the was under martial law.
6th Amendment:
The sixth constitutional amendment was passed on July 10 in
1981 through which provision was made that offices of
president, prime minister, ministers, state ministers and deputy
ministers will not be considered as offices of profit.
7th Amendment:
From March 24, 1982 to November 1986 the country was ruled
by military ruler General Ershad. The seventh amendment to
the constitution was brought on November 11, 1986 to
indemnify all acts, laws and orders during the tenure of martial
law. Under this amendment
the age of retirement of the judges was increased from 62 to 65
years. It was declared illegal by the court on August 26 in 2010.
8th Amendment:
The eighth constitution amendment bill was passed on June 9 in
1988, by which Islam was declared as State religion, six
benches of the High Court Division were set up outside Dhaka,
Bengali was replaced by Bangladeshi and Dacca was replaced
by Dhaka.
9th Amendment:
On July 11, 1989, the ninth amendment bill was passed in
which a few articles were incorporated regarding the president
and the vice-president, specially the terms for those posts were
fixed.
10th Amendment:
The 10th amendment to the constitution was passed on June 12
in 1990, by which the number of reserved seats for women in
the Jatiya Sangsad was increased from 15 to 30.
11th Amendment:
In the 11th amendment passed in 1991, it was declared
appointment of the chief justice as the vice-president as legal
and at the same time provisions were made that after the
election of president vice-president may take the charge of the
chief justice and his tenure as vice president will be deemed as
justice.
12th Amendment:
Through the 12th amendment to the constitution in 1991,
parliamentary system of government was reestablished in the
country following an election under a caretaker government
headed by Justice Shahbuddin Ahmed.
13th Amendment:
The 13th amendment was passed on March 26, 1996, by which
caretaker government system was incorporated in the
constitution.
14th Amendment:
The 14th amendment to the constitution was passed on May
2004, by which the number of reserved women seats in the
Jaitya Sangsad was increased from 30 to 45, the age of the
Supreme Court judges was increased from 65 to 67 years and
provisions for putting portraits of the President and the Prime
Minister at the offices of the President and the Prime minister
and the Prime Minister's portrait in government, semi-
government and autonomous offices and Bangladesh missions
abroad were made mandatory.
15th Amendment:
The 15th amendment of the Bangladesh constitution is perhaps
the most debatable one in the post democratic era that follows
the 1990 public upsurge against autocracy. The often
pronounced justifications offered this amendment s the 'needs'
for returning to the spirit and contents of the founding
constitution of 1972 of Bangladesh. Yet the 15th amendment
rather accommodates some of the changes brought out by the
5th and 7th amendments, both made by the Martial Law regime
and recently declared illegal and unconstitutional by the apex
court of the country.
15th amendment, like most of the previous amendments, also
largely failed to reflecta comparative constitutional studies.
Such study is considered essential for learning the experiences
of constitutionalism in relevant jurisprudences and borrowing or
adapting them in amending a nation's own constitution.
16th Amendment:
Bangladesh Act No XIIl of 2014 amended the Constitution of
Bangladesh, empowering. Parliament to impeach Supreme
Court judges. [10][11] Part VI, chapter one, article 96, of the
Bangladesh Constitution, which includes provisions on the
tenure of office of the Supreme Court judges, now states:
1. Subject to the other provisions of this article, a Judge shall
hold office until he attains the age of sixty-seven years.
2. A Judge shall not be removed from his office except by an
order of the President passed pursuant to a resolution of
Parliament supported by a majority of not less than two-thirds
of the total number of members of Parliament, on the ground of
proved misbehavior or incapacity.
3. Parliament may law regulate the procedure in relation to a
resolution under clause (2) and for investigation and proof of
the misbehavior or incapacity of a Judge.
4. A Judge may resign his office by writing under his hand
addressed to the President. (The Constitution of the People's
Republic of Bangladesh (2014), Legislative and Parliamentary
Affairs Division website.)
Before the adoption of the Sixteenth Amendment, articles 96
(2) and (3) of the Bangladesh Constitution under Part VI
included a provision on impeachment carried out by the
Supreme Judicial Council instead of the Parliament. It stated:
1. A judge shall not be removed from office except in
accordance with the following. provisions of this article.
2.There shall be a Supreme Judicial Council, in this article
referred to as the Council. which shall consist of the Chief
Justice of Bangladesh, and two next senior judges.

4th Amendment
The Constitution (Fourth Amendment) Act 1975 was passed on
25 January 1975. Amidst of the violent uprising of the leftist
parties and the bad impact of 1974 famine, the anarchy
prevailed everywhere in the country. The Awami League (AL)
Government declared state of emergency in January 1974.
Later it amended the Constitution (through Fourth Amendment)
to control the immense political and economic crises in the
country. Though they declared this act was for the short term
only, it created a deep negative impact on the leadership of
Sheikh Mujibur Rahman and his party. Major changes were
brought into the Constitution by this amendment. 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, i.e. part VIA in the
Constitution and (viii) inserted Articles 73A and 116A in the
Constitution.
Description of the Fourth Amendment and the changes brought
by this
Major fundamental changes were brought into the Constitution
by this amendment. These were:
1) The so-called presidential form of government was
introduced in place of the parliamentary system. In principle,
the presidential form of government is not undemocratic at all.
In fact, it is one of the most common and popular forms of
government in the current democratic world. But the type of
government introduced the Fourth Amendment was not a true
presidential system in the conventional sense. It was really a
peculiar one in many respects.
2) A one-party system in place of the multi-party system was
introduced. This was the most significant and far-reaching
aspect of the Fourth Amendment. A new Part VIA with a new
Article was created for this purpose. Under the new
arrangement, the creation of the National Party was left with
the subjective satisfaction of the President. It was provided that
in order to give full effect to any of the fundamental principles
of State policy set out in Part II of the Constitution, the
President could "direct that there shall be only one political
party in the State. Once the President made an Order for one
party under Article 117A-, 1) all political parties of the State
would stand dissolved and the President would take all
necessary steps for the formation of the National Party..." In
accordance with the provision of Article 117A as introduced by
the Fourth Amendment, the President declared the formation of
a new National Party for the country under the name of BAKSAL
on 24 February 1975. As a result, all existing political parties
instantly stood dissolved. Bangladesh became a one-party
State.
3) The powers of the Jatiya Sangsad (National Assembly -
Parliament) were curtailed. The Fourth Amendment turned
Parliament into a useless forum in many respects. Firstly, the
President could withhold his assent to any Bill passed by
Parliament. He was armed with an absolute veto and once
vetoed a Bill that Bill could never come out as a law. The
President was thus given unfettered legislative power and he
was placed above Parliament. Secondly, a provision was made
through the Fourth Amendment that "there shall be at least two
sessions of Parliament in every year (Article 72). Ideally, it
would not have been a bad idea if the session was lengthy - but
the real intension was to keep Parliament away from
functioning, for no session in the first Parliament in Bangladesh
lasted more than seven days on an average! Thirdly, Article 76
of the Constitution provided for Parliament to appoint certain
standing committees at the first meeting of each session. By
the Fourth Amendment the provision of 'at the first meeting of
each session' was deleted. Fourthly, under Article 70 of the
Constitution, a seat of Member of Parliament (MP) was to be
vacated for two reasons - (i) if he resigned from the party which
nominated him as a candidate, or (ii) if he voted in Parliament
against that party. By the Fourth Amendment inserted an
explanation to the meaning of 'voting in Parliament against the
party' by providing that even abstaining from a session of
Parliament or abstaining oneself from voting ignoring the
direction of the party would be deemed to be voting against the
party.

4) The Judiciary lost much of its independence. The

independence of the judiciary depends on the three important
components: a fair appointment procedure, security of tenure,
and adequate remuneration and privileges. In relation to the
appointment procedure of the apex court, the original
Constitution provided that the Chief Justice would be appointed
by the President and other Judges would be appointed after
consultation with the Chief Justice.

5) The Supreme Court was deprived of its jurisdiction over the

protection and enforcement of fundamental rights. The original
Constitution provided for around 18 fundamental rights and the
High Court was empowered to enforce those rights. Article 44
guaranteed the right of citizens to move to the High Court and
the High Court could enforce those rights under Article 102.
This power was taken away by the Fourth Amendment.

6) The Fourth Amendment buried the whole concept of local

government. Local government one of the most important
institutions in a democracy. A modern nation State is almost
unthinkable without devolution of power to local government.
Due to the massive increase of population at the geometric rate
(according to the theory of Malthus) and because of huge
expansion of governmental activities, certain matters of policy
and administration concerning national and international
interests are vested for central government and the rest of the
governmental functions are vested in local governments.
Keeping this in mind, provisions were made in the original
Constitution to devolve the responsibility for both development
activities and administration into the hands of elected
representatives of local government bodies.

7) The Fourth Amendment was a direct attack on the press

freedom. In June 1975, the government promulgated the
Newspaper (Annulment of Declaration) Ordinance which
allowed only four newspapers (Dainik Bangla, Bangladesh
Observer, Ittefaq & Bangladesh Times - these four newspapers
were, in fact, owned and managed by the State) to continue
their publication and banned the rest of the press and
newspaper industries. It brought the whole news media
completely under the absolute control of the government.

12th Amendment

12 Amendment made 18th September 1991; this amendment

introduced some fundamental changes in constitution.

Description of the Fourth Amendment and the changes brought

by this

A. Position of the President

The President is now titular head of the state while the Prime
Minister id the Chief executive by the provisions of Art 48 & 55
of the amended Constitution. The posts of the Vice President
have been abolished.

In the original Construction the President was to be elected by

members of the parliament in poll by secret ballot as provide
by second schedule of the constitution. But 12 amendments did
not restore that second schedule.

Under e provisions introduced by the 4th amendment President

could remain in office for unlimited numbers terms. These
undemocratic provisions have been abolished and after 12
amendment, president shall hold office for more than two
terms, weather o tot teams are consecutive Art 50(2).
Under original constitution President can exercise only one
function independently, after 12 amendment President can
exercise two (2) functions indecently. Appoint Prime Minister
and appoint the Chief Justice.

Compared to the original Constitution 12 amendment has

imposed double check on the President's power to summon,
prorogue & dissolve parliament by inserting a new proviso to
Art 72.

Declaration of emergency Art 141A has been amended to the

effect that before declaration of emergency counter signature is
need for its validity.

The impeachment and removal of the President the provision of

the original constitution have been revived..

B. The Prime Minister & the Cabinet

It has been categorically provide in Art 55 that the executive

power of the Republic shall be exercised by or on the authority
of the Prime Minister and cabinet shall be collectively
responsible to the Parliament.

The President shall appoint the Prime Minister, who the most
trustworthy or supported person form the members, other
Minister shall be appointed by him Art 56.Introduced by the 12
amendment as regards the Cabinet

In the original constitution under Art 56 ministers could be

appointed form outside the parliament but such minister would
have to be elected as a Member of Parliament within six (6)
month. But after 12 amendment one-tenths of the total number
of minister can be appointed form outside form parliament and
need not be elected as members but they must be - qualified
for election as members of parliament.

In question of tenure of the office of Prime Minster the original

provision was that if the Prime Minister ceases to retain the
support of a majority of the members of parliament, he shall
either resign his office or advise the President to dissolve the
parliament. But after 12 amendment if the President satisfied
that no other member have support only then President can
dissolve the Parliament

C. The Issue of Floor Crossing & Ministerial Responsibility 12

amendment has introduced more tough procedures. Two sub-
section have been added to Art 70. Section 70(2) prevents
forming any rebel group within the party.Section 70(3) provides
that if any independent members join any political party he will
come under the preview of anti-defection provisions.
D. The provision as to the intervening period between two
sessions of parliament as provided for in Art 72 were reverted
to that of the original Constitution.
E. Chapter 3 dealing with the provisions of local government of
Part 4 of the Constitution which was omitted by the 4th
amendment has been revived by the 12 amendment.