Bangladeshi Constitution Changes over Time but It Don’t Reflect the Demand of the People of Bangladesh

Question East Pakistani make-up changes over menstruum merely it wear outt reflect the demand of the nation of Bangladesh. Introduction Bangladesh writing changes over clipping in different giving medication regime. in that location take aim been ongoing controversies and debates on nigh aspects of the current Bangladesh administration, especi bothy e genuinely organization came to power and amend the constitution fit in to their leave. No specific and written project has ever been published by those government activitys so we atomic number 18 unaw be of the benefit of those Amendments which ar intended.In my study, I tried to discuss most some strategic amendment about Bangladeshi constitution. Especi tout ensembley I focused on reflections of the demands and choices of lot on these changes. First Amendment In 1973, the theme playact 1973 was passed inserting sub-art (3) in hold 47 whereby law can be enforced over war wrong and then implicit in(p) gent lemans gentleman rights pass on be inapplicable. Flaws of this amendment Govt. an misuse this amendment and accuse individual as war criminal. As a result that accused people will non be able to have some(prenominal) kind of fundamental human rights. This amendment is not reflecting the need of mass people rather some political people. third Amendment The arrangement (Third Amendment) Act 1974 was passed to give cause to the agreement with India giving up the asseverate in respect of Berubari and retaining Dahagram and Angorpota. Flaws of this amendmentAn Enclave is a geographical territory which is only surrounded by foreign territory (including foreign territorial water) such(prenominal) a territory is called an enclave in respect to the surrounding foreign territory, and an exclave in respect to the territory to which it is politically attached. So after the exchange, the control of the corridor rested with the Indian authorities, and the problems of connecting other en claves continue as ahead. but the primary sufferers of this controlled corridor are the people of Bangladesh. fifth AmendmentThe administration (fifth part Amendment) Act was passed by the Jatiya Sangsad on 6 April 1979. This Act amended the stern Schedule to the Constitution by adding a new(a) Paragraph 18 at that placeto, which provided that all amendments, additions, modifications, substitutions and omissions make in the Constitution during the period between 15 August 1975 and 9 April 1979 (both days inclusive) by e very announcement or Proclamation Order of the martial(a) honor Authorities had been validly make and would not be called in examination in or before any court or tribunal or authority on any soil whatsoever.The formulation Bismillah ar-Rahman ar-Rahim was added before the Preamble of the Constitution. The expression historic struggle for national pouch in the Preamble was replaced by a historic war for national independence. genius companionship sys tem was replaced by multiparty fan tanary system. Fundamental principles of state policy were made as absolute trust and trust in the Almighty Allah, nationalism, democracy and well-disposedist economy meaning stinting and social justice. Flaws of Fifth Amendment 1The Fifth Amendment was passed by a war machine government in the consequences of a series of murderous coups, counter-coups and government change. That period was very painful, un moldd and critical for the sovereign organism of Bangladesh as it faced hosts of political, economic and shelter challenges from both within and outside. One may have hesitations about some aspects of this or any other Amendment but it is important also to consider the overall point prevailing at the time.And it is wrong, in my opinion, to blame any or all the Amendments if the real conditions demanded it, but we have a right, in fact obligations, to look at them critically and reassess the situation 2. The leading emergency to ch ange the present Constitution, because according to them, the Constitution was made Communal by introducing the language Bismillah ar-Rahman ar-Rahim in the preface and by fashioning Islam the state religion at the constitute of the principle of Secularism.This brought about fundamental modifications to Constitution, which is admittedly in my judgment, but I am not sure whether this made Bangladesh to a greater extent Islamic or communal than before. It is renowned that equal rights, including freedom to exercise all religions, are guaranteed in the Constitution. There may be some uncertainty and it is original that some fringe groups have been assortment for introduction of Sharia Law 3. This, of course, is terrific the apparitional minorities for the potential loss of their religious rights and freedom under(a) an Islamic country in the style of Pakistan or Afghanistan under Taliban rule.Majority Muslims of Bangladesh are also concerned since such activities may encoura ge the extremist groups to collect violent and terrorist activities for a change of the government and the system. The word Socialism was not omitted completely from the Constitution by the subsequent amendments but redefined by saying that it meant economic and social justice. This assured the West and pro-capitalist elements that Bangladeshi Socialism is not socialist economy in the real sense it was not the socialism as it was then accomplished in China or Soviet Russia, and that there is no reason to be frightened.In the deject of the major changes in the world economic and power relations over the dying decades (especially since the collapse of Soviet model, end of heatless war, amendments in the Chinese model), debates on this modernizing socialism in the Constitution is rather muted. more or less of our former Socialist revolutionary leaders are happily co-habiting with semi-feudal, pro-capitalist parties. The debate on Nationalism (Bangali vs Bangladeshi) seems to be d riven by emotion. Individually, I heart quite lucky being known as a Bangladeshi national with Bangali cultural and lingual tradition and with a Muslim faith.Citizens who are not Bangali but of other ethnic and cultural roots and profess any of the non-Muslim faiths should feel quite relaxed if their nationality is Bangladeshi. I find no contradiction in this kind of cut backment. But it is wrong to define all the citizens of Bangladesh as Bangali they would not feel comfortable with is this classification. Those who raise controversies and unnecessary debates on this materialisation are not portion Bangladesh to establish its individual national identity. The issue of Secularism is more complex as it is hypothetic to be more rogressive and all embracing as opposed to the word Islam or Muslim in the Constitution. Whether the present Bangladesh Awami coalition government really wants to delete the dustup Bismillah ar-Rahman ar-Rahim from the preface and Islam is the state r eligion from the Constitution to reinstate the word Secularism, remain to be seen. Still we may create a few comments for general conversation.1 http//thetrajectory. com/blogs/index. php/2009/05/the-fifth-amendment-crisis-in-bangladesh/ 2 http//www. scribd. om/doc/2599618/12-Amendment-in-Bangladesh-Constitution 3 Sharia, or Islamic law, influences the legal code in most Muslim countries. A tendency to allow sharia to govern ad hominem status law, a set of regulations that furbish up to marriage, divorce, inheritance, and custody, is even expanding into the West. Tenth Amendment The Constitution (Tenth Amendment) Act 1990 amended, among others, phrase 65 of the Constitution, providing for reservation of xxx seats for the next 10 historic period in the Jatiya Sangsad exclusively for women members, to be elect by the members of the Sangsad. Flaws of this amendmentThe tenth amendment reflects the right of women regarding the alliance in Jatiya Sangsad. But there are biasness reg arding the female candidate selection performance. besides some female member of parliament is worse then male MP, this unreasonable selection makes the public representation procedure vague. Thirteenth Amendment The Constitution (Thirteenth Amendment) Act 1996 provided for a non-party Caretaker Government which, acting as an stave government, would give all possible embolden and assistance to the Election Commission for safekeeping the general election of members of the Jatiya Sangsad peacefully, fairly and mpartially. The caretaker government, comprising the head word Adviser and not more than 10 other advisers, would be collectively answerable to the President and would stand dissolved on the date on which the Prime parson entered upon his office after the Constitution of the new Sangsad. Flaws of this amendment The introduction of caretaker government is not as effective as it was thought. The caretaker govt. forms after a political party handover the power to the caret aker govt. and the job of caretaker govt. is to make necessary procedure to arrange a free and fair election.But the precedent political party can slow influence the caretaker govt. and then caretaker govt. will rock-and-roll the election procedure towards them. As a result the previous political party remains in the govt. position for nestle 5 years. So there mustiness be more clauses in the thirteenth amendment to rectify the behavior of caretaker govt. member. Analysis and Comments It is observed from the above, that the Amendments made at one time under certain circumstances were replaced by another Amendment, and also that majority of these had a broad nationwide debate.But a few of those Amendments were enacted without proper debates and discussions. Whereas, people from different political view, religion should be involved in this process. Amendments that were the result of autocratic thought apparently come under severe criticisms, sometimes for valid reasons and som etimes for political purposes. Constitution is the superlative law of Bangladesh . It is the reflection of peoples demands and needs. The government should think very carefully before making any fundamental changes in it.It should refrain from making major changes unless a national harmony is attained. History tells us fundamental changes of the Constitution by the non-white action of the government have not brought successful result. Rather, it created hostility and division within the country when stability and unity were greatly needed for national prosperity. In any event, if any fundamental changes are to be made in the current Constitution, the decreed procedure outlined in the very Constitution must be followed.Reference Bibliography mundane ittefaq, word on Contemporary debates for fundamental changes of the Constitution, online, retrieved on February 27, 2010, usable athttp//www. ittefaq. com/issues/2010/02/27/news0888. htmBangladesh Strategic Development Forum, Arti cle on Strategic Relations mingled with Bangladesh And India, online, retrieved on October 9, 2007, available at http//www. dsdf. org/ fabrication/index. php? showtopic=32551st=75gtThe Daily Star, Article on The Tin Bigha corridor 15 years on, online, retrieved on October 13, 2007, available at Council on Foreign Relations, Article on Islam presidential term Under Sharia, online, retrieved on October 5, 2010, available at RESDAL, Article on The Constitution of the Peoples republic of Bangladesh , online, retrieved on October 12, 2010, available at lt http//www. esdal. org/Archivo/ban-pIII. htmgtDaffodil University, Article on THE musical composition OF THE PEOPLES REPUBLIC OF BANGLADESH, online, retrieved on October 11, 2010, available at Wikipedia 1, 2010, Indo-Bangladesh enclaves. online retrieved on October 8, 2010, available at http//en. wikipedia. rg/wiki/Indo-Bangladesh_enclavesYUDU, Article on Current Changes in Constitution, online, retrieved on October 11, 2010, availab le at Bangladesh Constitution, Law and Justice by Nagendra Kr Singh Kamal, M. 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