Constitutional Law of Bangladesh ARNAB KUMAR DAS Port City International University, Chittagong, Bangladesh. SID: LLB 00305037

1. CONSTITUTIONAL LAW OF
BANGLADESH
Topics to be discussed:
PREAMBLE TO THE CONSTITUTION,
FUNDAMENTAL PRINCIPLES OF STATE POLICY,
FUNDAMENTAL RIGHTS, AND
ARTICLE AND 8 OF THE CONSTITUTION
Thursday, June
25, 2015
Constitutional Law of Bangladesh | Presentation by ARNAB/PCIU/LLB00305037
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Submitted by
ARNAB DAS
ID: LLB00305037

2. PREAMBLE TO THE CONSTITUTION
Generally Preamble is an introductory paragraph or part in a statute or
other document settings forth the ground and intention of it. Not only
Constitution, but also most of the statutes contains a Preamble. In other
words, it sets out the main objective, which legislation is intended to
archive it. It is a key to the intention of the maker of the Act. The Preamble
to a Constitution is its philosophy, because it contains those ideals and
principles on the basis of which the whole structure of the Constitution is
created. 3 Main Purposes of Preamble:
It indicates the source of the Constitution, i.e: the legal and moral basis
of the Constitution;
It express in a shortly the ideas and aspiration of the objectives to the
Constitution;
It works as the guiding star for the interpretation of the Constitution;Thursday, June
25, 2015
Constitutional Law of Bangladesh | Presentation by ARNAB/PCIU/LLB00305037
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3. SIGNIFICANCE OF THE PREAMBLE
The Preamble bears no legal significance, but it has other important
significance which is sometimes more than the legal importance.
It is the Preamble which identifies the legal source or base of the
Constitution. Legal base of the Constitution means wherefrom the
validity and power of the Constitution Is derived;
It indicates the moral basis or the philosophy of the Constitution;
The Preamble works as a guiding star for the whole nation and for the
interpretation of the Constitution;
The Preamble has a great interpretative significance.
Thursday, June
25, 2015
Constitutional Law of Bangladesh | Presentation by ARNAB/PCIU/LLB00305037
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4. FUNDAMENTAL PRINCIPLES OF STATE POLICY
 Modern states are welfare states and the principle purpose of such a state is public
welfare. The idea of directive principles in the Constitution was first introduced in the
Irish Constitution of 1937. Article 45 of the Irish Constitution provides for some
principles under the heading of Directive Principles of Social Policy.” Following this Irish
example the idea has got in the Constitution of Burma (Mayanmar) in 1949, of India
in 1950, of Pakistan in 1956 and 1962, and finally has been in the Constitution of
Bangladesh in 1972. The principles has been adopted under the heading of “Directive
Principles of State Policy” in the Indian Constitution, “Principles of State Policy” in the
Pakistan Constitution of 1962 and “Fundamental Principles of State Policy” in the
Bangladesh Constitution.
 From the view point of Bangladesh Constitution it may be said that Fundamental
Principles of State Policy are those principles which act as fundamental guide to the
policy making, be it social, economic, administrative or international, governance of the
country, making laws and interpreting the Constitution and laws. Thursday, June
25, 2015
Constitutional Law of Bangladesh | Presentation by ARNAB/PCIU/LLB00305037
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5. DISTINCTION BETWEEN FUNDAMENTAL
RIGHTS AND DIRECTIVE PRINCIPLES
When certain human rights are written down in the Constitution, a
supreme law, and are protected by constitutional guarantees they are
called Fundamental Rights. On the other hand Directive Principles are
relating to social, economic and culture rights which are to be followed
in governance of the country.
Fundamental Rights are enforceable in a court of law and they create
justifiable rights in favor of individuals. On the other hand Directive
Principles are not enforceable in a court of law and they do not create
justifiable rights in favor of individuals.
Thursday, June
25, 2015
Constitutional Law of Bangladesh | Presentation by ARNAB/PCIU/LLB00305037
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6. DISTINCTION BETWEEN FUNDAMENTAL
RIGHTS AND DIRECTIVE PRINCIPLES
Fundamental Rights are mandatory in nature whereas directives are
declaratory, but Directive Principles are not mandatory in nature
whereas Fundamental Rights are declaratory.
Fundamental Rights create negative obligation on the state. On the
other hand Directive Principles impose positive obligation on the state.
If there is any conflict between Fundamental Rights and Directive
Principles rights, Fundamental Rights will prevail over the directives.
Thursday, June
25, 2015
Constitutional Law of Bangladesh | Presentation by ARNAB/PCIU/LLB00305037
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7. FUNDAMENTAL PRINCIPLES - WHERE TO BE
APPLIED?
According to Article 8 (2) of the Constitution of Bangladesh, the
Fundamental Principles shall be applied in the following spheres:
They shall be fundamental in governance of the country;
The shall be applied in making laws;
They shall be a guide to the interpretation of the Constitution and other
laws of Bangladesh;
They shall from the basis of all works of the state and of its citizens.
But they shall not be enforceable in a court of law.
Thursday, June
25, 2015
Constitutional Law of Bangladesh | Presentation by ARNAB/PCIU/LLB00305037
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8. FUNDAMENTAL RIGHTS
The term “Fundamental Right” is a technical one, when certain human
rights are written down in a Constitution and are protected by
constitutional guarantees they are called Fundamental-
Rights. They are called Fundamental Rights in the sense that they are
placed in the supreme or fundamental law of the land which has a
supreme sanctity over all other law of the land.
Following the footsteps, for the first time French Declaration of “Rights
of Man and Citizen in 1789 and the American Declaration of
Independence in 1776 and then the incorporation of a Bill of Right in the
US Constitution in 1791.
Thursday, June
25, 2015
Constitutional Law of Bangladesh | Presentation by ARNAB/PCIU/LLB00305037
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9. FUNDAMENTAL RIGHTS IN BANGLADESH
Bangladeshi people have 23 Fundamental Rights under
the Constitution of Bangladesh Part 3, Articles 26 to 47A. The
Fundamental Rights in Bangladesh under below:
 Article-26: Laws inconsistent with fundamental rights to be void
 Article-27: Equality before law
 Article-28: Discrimination on grounds of religion, etc.
 Article-29: Equality of opportunity in public employment
 Article-30: Prohibition of foreign titles. etc.
 Article-31: Right to protection of law
Thursday, June
25, 2015
Constitutional Law of Bangladesh | Presentation by ARNAB/PCIU/LLB00305037
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10. FUNDAMENTAL RIGHTS IN BANGLADESH
 Article-32: Protection of right to life and personal liberty
 Article-33: Safeguards as to arrest and detention
 Article-34: Prohibition of forced labour
 Article-35: Protection in respect of trial and punishment
 Article-36: Freedom of movement
 Article-37: Freedom of assembly
 Article-38: Freedom of association
 Article-39: Freedom of thought and conscience, and of speech
 Article-40: Freedom of profession or occupation
Thursday, June
25, 2015
Constitutional Law of Bangladesh | Presentation by ARNAB/PCIU/LLB00305037
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11. FUNDAMENTAL RIGHTS IN BANGLADESH
 Article-41: Freedom of religion
 Article-42: Rights of property
 Article-43: Protection of home and correspondence
 Article-44: Enforcement of fundamental rights
 Article-45: Modification of rights in respect of disciplinary law
 Article-46: Power to provide indemnity
 Article-47: Saving for certain laws
 Article-47A: Inapplicability of certain articles
Thursday, June
25, 2015
Constitutional Law of Bangladesh | Presentation by ARNAB/PCIU/LLB00305037
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12. ARTICLE 7: SUPREMACY OF THE CONSTITUTION
 Article 7 (1): All powers in the Republic belong to the people, and
their exercise on behalf of the people shall be effected only under, and
by the authority of, this Constitution.
 Article 7 (2): This Constitution is, as the solemn expression of the will
of the people, the supreme law of the Republic, and if any other law is
inconsistent with this Constitution and other law shall, to the extent of
the inconsistency, be void.
Thursday, June
25, 2015
Constitutional Law of Bangladesh | Presentation by ARNAB/PCIU/LLB00305037
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13. ARTICLE 8: FUNDAMENTAL PRINCIPLES OF
STATE POLICY
 Article 8 (1): The principles of Nationalism, Socialism, Democracy and
Secularism, together with the principles derived from those as set out in
this Part, shall constitute the fundamental principles of state policy.
Article 8 (2): The principles set out in this Part shall be fundamental to
the governance of Bangladesh, shall be applied by the State in the
making of laws, shall be a guide to the interpretation of the Constitution
and of the other laws of Bangladesh, and shall form the basis of the work
of the State and of its citizens, but shall not be judicially enforceable.
Thursday, June
25, 2015
Constitutional Law of Bangladesh | Presentation by ARNAB/PCIU/LLB00305037
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14. THANK YOU VERY MUCH
for being with us 
Thursday, June
25, 2015
Constitutional Law of Bangladesh | Presentation by ARNAB/PCIU/LLB00305037
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