<%-- Page Title--%> Law Letter <%-- End Page Title--%>

June 13, 2004

The first constitution of Bangladesh

A constitution is the identity of a state. It is the most important criteria of a state to be recognised as a state to the other states of the world.

On the 26th march 1971, independence of Bangladesh was announced on behalf Bangabandhu Sheikh Mujibur. Our people were fully confident of Independence. The elected representatives (Members of National Assembly and Members of Provincial Assembly) of the earslwhile East Pakistan who could flee to India assembled in Calcutta. With their prompt initiative, a formal proclamation of Independence was drafted and adopted on 10th April 1971 with retrospective effect from March 26, 1971. And an 17th April, a government in exile was formed. We have already said that a constitution is called the governing wheel of the state, of the government of the state. So which is the constitution for the new government of the state? Was the Proclamation, a constitution. Before talking about that, let as discuss about the features of a constitution. In a constitution, there must be a description about the nature of the state to which it is subject. It must say about the organisation and form of the administration of government of the state. It must show the functions, powers and mutual relations of different organs of state. It must assure the rights of people of state. Now we shall discuss about the proclamation. This proclamation had outlined the nature of the state. In the 12 Para of the declaration, Bangladesh is described as a sovereign 8 peoples republic and affirmed the announcement of Independence. This proclamation said about the form, functions and mutual relations to other organs, of government. In the 13th para, it was said that the form of government would be presidential. In 14th Para, the president was declared as the Supreme Commander of all armed farces. In 15th para, the President had given power to exercise all the executive and legislative power in 16th para, the president had given power to appoint ministers. In 17th para the President has given the power to levy taxes and expend monies. In 18th para the president had given power to summon and adjourn constituent Assembly. In the 11th para this proclamation assured the rights of people and in the 20th para, declared to abide by the Charter of United Nations.

Thus we may say that the proclamation had satisfied most of the features to be a constitution. Though it had given the president, dictatory power, there was nothing about judicial system or no clear idea about constituent assembly. But it was nothing unusual or undemocratic since it was a war time- a special circumstance, which is met by special laws to enable the government to handle the affairs of the state effectively. Therefore it is called the first interim constitution of Bangladesh also. This proclamation gained significant importance from the historical point of view and the constitutional point of view.

Shabbir Ahmad Mukim
Student of 2nd year, Department of Law, University of Dhaka.

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Lethargy of our democracy
The present globalised democratic environment drives the governments to uphold a structural framework in the action of democratic politics. The deficiency of good governance is adverse to the democracy and not helpful to the betterment of the civilians. It is flagrant that still the governments of most of the democratic countries of the world is failing to ensure good governance for their people and as a result, a messy political atmosphere has been kept breeding. But the developing country like Bangladesh cannot meet the expense of this sort of blunder in the sense that it affects the socio-economic foundation of the state and relaxes the pace of development.

All our current crumples in maintaining law and order are the sectors where we strongly feel that the lack of good governance has caused the problem. When the government tries to disregard the system of good governance and instead, make an effort to express tender emotions by being tune to egoistic approach, then it is a down-to-earth logic that it will spread a dark shadow on the sphere of law and order. Good governance is such a system where insignificant political interest above country is highly discouraged and which boosts the governments to go by the book without having to mull over the political record of the criminals. But, as we spot in Bangladesh, this fashion has almost been missing and we are providing stimulates to criminal perpetration. We must have to figure out that there is a real big difference between an operation of a country and a running of a political party. Political parties are very much keen for persuading people to get their support in favour of them while the operation of the country implies the idea that the framework will act for the people of all walks of lives of the country forgetting who is standing by whom. But, sadly, our political parties become blind to this philosophy and show off their coldness to the people of that voters or area where they have been voted down. And they go on board on taking political vengeance upon them, which is unfamiliar to the principles of good governance. Thus, the law and order situation has been worsened and we have been frozen in putting a full stop to it.

Julius Valentine Gomes, BBA, BRAC University.