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4, The Khadi and Other Handloom Industries Development (Additional Excise Duty on Cloth) Act, , 12, , Download ( KB) pdf. Bangladesh Code is the Codification of all existing Acts of Parliament, Ordinances and President's Order (except Regulations and purely amending laws) in. This Act shall be called the 2[ Penal Code], and shall take effect throughout Bangladesh. (3) [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws.
Historic judgment on the Sixteenth Amendment to the Constitution of Bangladesh 4. Constitutional Status of Islamic Law Recently amended Article 2A to the Constitution of Bangladesh, provides that the state religion of the Republic is Islam, but the State shall ensure equal status and equal right in the practice of the Hindu, Buddhist, Christian and other religions. While the Government generally respects this provision in practice, religion exerts a powerful influence on politics, and the Government is sensitive to the Muslim consciousness of its political allies and the majority of its citizens. Citizens generally are free to practice the religion of their choice; however, police are normally ineffective in upholding law and order and are often slow to assist members of religious minorities who have been victims of crimes. Although the Government states that acts of violence against members of religious minority groups are politically or economically motivated and cannot be solely attributed to religion, human rights activists reported an increase in religiously motivated violence. Government The President, while the Head of State article 48 2 , the Bangladesh Constitution, , holds largely a ceremonial post to appoint the Prime Minister and the Chief Justice articles 56 and 95, the Bangladesh Constitution, ; the real power is held by the Prime Minister, who is the Head of Government. The President is elected by the legislature Members of Parliament for 5 years Articles 48 1 and 50, the Bangladesh Constitution,
The British slowly granted concessions for home rule. The Nehru Report recommended for universal suffrage, a bi-cameral legislature, a senate and a house of representatives. The Fourteen Points of Jinnah demanded provincial autonomy and quotas for Muslims in government.
The Government of India Act established provincial parliaments based on separate electorates. It further proclaimed "that adequate, effective and mandatory safeguards should be specifically provided in the constitution for minorities in these units and in the regions for the protection of their religious, cultural, economic, political, administrative and other rights".
The resolution's status is akin to the magna carta in Bangladesh and Pakistan , in terms of the concept of independence.
It was decided by votes to 90 that, if Bengal remained united, it should join the Constituent Assembly of Pakistan. At a separate meeting of legislators from West Bengal, it was decided by 58 votes to 21 that the province should be partitioned and that West Bengal should join the Constituent Assembly of India. At another separate meeting of legislators from East Bengal, it was decided by votes to 35 that Bengal should not be partitioned and votes to 34 that East Bengal should join the Constituent Assembly of Pakistan if Bengal was partitioned.
On 11 August , Muhammad Ali Jinnah , the president of the Constituent Assembly of Pakistan, declared that religious minorities would enjoy full freedom of religion in the emergent new state. The Bengali Language Movement and demands for replacing separate electorates with joint universal suffrage were key issues in East Bengal.
The first constituent assembly was arbitrarily dissolved by the Governor General in This led to the court challenge of Federation of Pakistan v. Cornelius expressed dissent. The dissolution of the assembly was one of the first major blows to democracy in Pakistan. The first Pakistani constitution was in place for only a few years. General Ayub Khan staged a military coup and introduced the Constitution of Pakistan of The constitution introduced a presidential system in which electoral colleges would be responsible for electing the president and governors.
The chief ministers' offices were abolished; and parliament and provincial assemblies were delegated to a mainly advisory role.
The system was dubbed "Basic Democracy".
In , Fatima Jinnah 's failed bid for the presidency prompted allegations of a rigged electoral system. Rahman's Six Points were part of the manifesto of the Awami League, the party which won first general election in East and West Pakistan in Depending on the size of a constituency and its total number of voters, a number of polling centres are set up with arrangements for voters to exercise their franchise freely, peacefully and in secrecy.
Polling officials in each centre - in the presence of candidates or their nominees - count votes. The result is sent to the Returning Officer in sealed covers together with ballot papers. The Returning Officer, generally the Deputy Commissioner of the district, communicates the result of each constituency to the Election Commission after he has compiled the results in the presence of the candidates or their authorised representatives.
Unofficial results start being announced in various media from the evening of the Election Day. The Election Commission declares the result of the general election formally a few days later through the publication of the names of winning candidates in the official Bangladesh Gazette. Members-elect are administered an oath of office by the outgoing Speaker. The Parliament of Bangladesh runs its business according to the Rules of Procedure.
The Rules of Procedure contains detailed provisions as to Summoning, Prorogation and Dissolution of Parliament and Seating, Oath and Roll of Members, Election of the Speaker and Deputy Speaker and nomination of a Panel of Chairmen, Powers and functions of the Speaker and the Deputy Speaker, Sittings of the House, Arrangement of Business and Orders of the Day, President's Address and Messages to and from the House, Questions and Short Notice Questions, Motion for adjournment on a matter of public importance, Discussion on matters of urgent public importance for short duration, Calling attention to matters of urgent public importance, Legislation, Amendment of the Constitution, Petitions, Procedure in Financial Matters, and all other issues necessary in order to run the business of the Parliament.
For more detail on election related important laws in Bangla , visit the Bangladesh Election Commission website. Law Making Process Article 80 of the Bangladesh Constitution, provides that every proposal in the Parliament for making a law shall be made in the form of a Bill and When a Bill is passed by the Parliament it shall be presented to the President for assent. The Parliament can make any law which is not inconsistent with the Constitution since any law inconsistent with the Constitution, to the extent of inconsistency, is void Article 7 2 , the Constitution of Bangladesh, See the Legislative Process in Bangladesh Parliament.
Read the Bangladesh Secretariat Instructions , [in Bangla]. Although founded on the English common law system, the laws of Bangladesh take a statutory form, which are enacted by the legislature and interpreted by the Supreme Court. It may be relevant to mention here that seven Regulations which were enacted during the British time by the Governor-General in Council by virtue of the Regulating Act, were considered as primary legislation and were included in the Bangladesh Code.
Bangladesh Law Commission commissioned studies and published two reports, report no. Besides, article of the Constitution of Bangladesh, provides that the law declared by the Appellate Division shall be binding on the High Court Division and the law declared by either division of the Supreme Court shall be binding on all courts subordinate to it. Therefore, the statutory laws, secondary legislation and judgment laws or precedent along with customs and usage all form the sources of law in Bangladesh.
After the war, the Constitution Drafting Committee was formed in The committee included 34 members with Dr. Kamal Hossain as its chairman. Its first reading began on 19 October and continued till 30 October.
The second reading took place from 31 October to 3 November. The third reading began on 4 November and it approved 65 amendments to the Constitution Bill and adopted and enacted the Constitution on 4 November.
The Constitution came into effect on 16 December A Westminster style political system was established. It declared nationalism, socialism, democracy and secularism as the fundamental principles of the republic. It proclaimed fundamental human rights, including freedom of speech , freedom of religion , freedom of movement , freedom of assembly , the right to education and public healthcare among others.
A two thirds vote of parliament was required to amend the constitution.
After winning the general election, the Awami League government often flouted constitutional rules and principles. The government received strong criticism from the Bangladeshi press, including both Bengali and English newspapers.
The Awami League enacted three constitutional amendments between and The most drastic amendment was in January It introduced a one party state and a presidential government, while the judiciary's independence was greatly curtailed. Constitutional rule was suspended on 15 August with the assassination of President Sheikh Mujibur Rahman and the declaration of martial law. The Chief Martial Law Administrator issued a series of Proclamation Orders between and which amended the constitution.
The most significant of these orders was defining citizenship as Bangladeshi ; other orders included the insertion of religious references and the controversial Indemnity Ordinance.
In , martial law was lifted, multiparty politics was restored and constitutional rule was revived. The Fifth Amendment in validated all Proclamation Orders of the martial law authorities.
An executive presidency continued until