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

enquire Bangladeshi constitution changes over sentence but it dont reflect the demand of the deal of Bangladesh. Introduction Bangladesh organisation changes over time in different government regime. thither suck up been ongoing controversies and debates on a couple of(prenominal) aspects of the current Bangladesh brass, especi everyy eery government came to power and remediate the constitution according to their will. No specific and written proposal has ever been published by those governments so we atomic number 18 unaw ar of the benefit of those Am supplantments which are intended.In my study, I tried to discuss some some heretoforetful amendment about Bangladeshi personality. Especially I focused on reflections of the demands and choices of people on these changes. First Amendment In 1973, the organic law make out 1973 was passed inserting sub-art (3) in hold 47 whereby law can be enforced over war sad and so fundamental human rights will be inapplicable. F laws of this amendment Govt. an misuse this amendment and cite someone as war criminal. As a vector sum that incriminate people will not be able to gull both kind of fundamental human rights. This amendment is not reflecting the need of mass people rather some political people. Third Amendment The temper (Third Amendment) Act 1974 was passed to discover effect to the agreement with India giving up the claim in prise of Berubari and retaining Dahagram and Angorpota. Flaws of this amendmentAn Enclave is a geographical territory which is completely surrounded by outside(prenominal) territory (including foreign territorial water) such 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 by and by the exchange, the control of the corridor rested with the Indian authorities, and the problems of connecting other enclaves keep on as in front. Moreover the primary suffe rers of this controlled corridor are the people of Bangladesh. Fifth AmendmentThe formation (Fifth Amendment) Act was passed by the Jatiya Sangsad on 6 April 1979. This Act amended the fourth Schedule to the Constitution by adding a new Paragraph 18 thereto, which provided that all amendments, additions, modifications, substitutions and omissions make in the Constitution during the stage between 15 August 1975 and 9 April 1979 (both days inclusive) by any Proclamation or Proclamation Order of the Martial Law Authorities had been validly made and would not be called in question in or onward any court or tribunal or authority on any ground whatsoever.The expression Bismillah ar-Rahman ar-Rahim was added before the Preamble of the Constitution. The expression diachronic struggle for national liberation in the Preamble was replaced by a historic war for national independence. One party system was replaced by multiparty parliamentary system. Fundamental principles of state policy w ere made as imperative trust and faith in the Almighty Allah, nationalism, democracy and affectionateism signification scotch and social justice. Flaws of Fifth Amendment 1The Fifth Amendment was passed by a armed services government in the consequences of a series of murderous coups, counter-coups and government change. That period was very painful, undefined and critical for the sovereign existence of Bangladesh as it face hosts of political, economic and security 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 situation prevailing at the time.And it is falsely, in my opinion, to condemn any or all the Amendments if the existing conditions demanded it, but we have a right, in fact obligations, to look at them critically and assess the situation 2. The leaders want to change the present Constitution, because according to them, the Constitution was made Commun al by introducing the tidingss Bismillah ar-Rahman ar-Rahim in the preface and by making Islam the state religion at the cost of the principle of Secularism.This brought about fundamental modifications to Constitution, which is true in my judgment, but I am not sure whether this made Bangladesh more Islamic or communal than before. It is mention that equal rights, including freedom to exercise all religions, are guaranteed in the Constitution. There may be some uncertainty and it is true that some outer boundary groups have been mixing for introduction of Sharia Law 3. This, of course, is shocking the spectral minorities for the potential loss of their religious rights and freedom below an Islamic state in the style of Pakistan or Afghanistan under Taliban rule.Majority Muslims of Bangladesh are also come to since such activities may encourage the extremist groups to adopt violent and terrorist activities for a change of the government and the system. The word Socialism was no t 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 fabianism in the real sense it was not the socialism as it was and then accomplished in China or Soviet Russia, and that there is no reason to be frightened.In the light of the major(ip) changes in the world economic and power relations over the last decades (especially since the collapse of Soviet model, end of Cold war, amendments in the Chinese model), debates on this modernizing socialism in the Constitution is rather muted. Some 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 driven by emotion. Individually, I feel quite comfortable being known as a Bangladeshi national with Bangali ethnic and linguistic 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 arrangement. besides it is wrong to define all the citizens of Bangladesh as Bangali they would not feel comfortable with is this classification. Those who come along controversies and unnecessary debates on this issue are not helping Bangladesh to set its individual national identity. The issue of Secularism is more complex as it is vatic to be more rogressive and all embracing as opposed to the word Islam or Muslim in the Constitution. Whether the present Bangladesh Awami League government unfeignedly wants to delete the words Bismillah ar-Rahman ar-Rahim from the preface and Islam is the state religion from the Constitution to regenerate the word Secularism, remain to be seen. Still we may create a few comments for common 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 tag in most Muslim countries. A movement to allow sharia law to govern personal status law, a set of regulations that pertain to marriage, divorce, inheritance, and custody, is even expanding into the West. Tenth Amendment The Constitution (Tenth Amendment) Act 1990 amended, among others, term 65 of the Constitution, providing for reservation of xxx seats for the next 10 years in the Jatiya Sangsad exclusively for women members, to be elected by the members of the Sangsad. Flaws of this amendmentThe tenth amendment reflects the right of women regarding the participation in Jatiya Sangsad. But there are biasness regarding the female candidate selection procedure. Moreover some female member of parliament is worse then male MP, this insupportable selection makes the public representation pr ocedure vague. Thirteenth Amendment The Constitution (Thirteenth Amendment) Act 1996 provided for a non-party Caretaker Government which, acting as an interim government, would give all possible aid and assistance to the Election Commission for holding the general election of members of the Jatiya Sangsad peacefully, blankly and mpartially. The caretaker government, comprising the Chief Adviser and not more than 10 other advisers, would be collectively responsible to the President and would stand dissolve on the date on which the Prime Minister 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 caretaker govt. and the trade of caretaker govt. is to make necessary procedure to arrange a free and fair election.But the previous political party can easily influence the caretaker govt. and th en caretaker govt. will tilt the election procedure towards them. As a result the previous political party remains in the govt. position for approach 5 years. So there must be more clauses in the 13th 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 some other 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 problematical in this process. Amendments that were the result of autocratic thought obviously come under severe criticisms, sometimes for valid reasons and sometimes for political purposes. Constitution is the vizor law of Bangladesh . It is the reflection of peoples demands and needs. The government should think very carefully before making any fundamental ch anges 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 one-sided action of the government have not brought booming 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 prescribed procedure outline in the very Constitution must be followed.Reference Bibliography everyday ittefaq, Article on Contemporary debates for fundamental changes of the Constitution, online, retrieved on February 27, 2010, available athttp//www. ittefaq. com/issues/2010/02/27/news0888. htmBangladesh Strategic Development Forum, Article on Strategic relations Between Bangladesh And India, online, retrieved on October 9, 2007, available at http//www. dsdf. org/forum/index. php? showtopic=32551st=75gtThe Daily Star, Article on The Tin B igha corridor 15 years on, online, retrieved on October 13, 2007, available at Council on Foreign Relations, Article on Islam authorities 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 CONSTITUTION 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, available at Bangladesh Constitution, Law and Justice by Nagendra Kr Singh Kamal, M. 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