To explore the fundamental principles of the state policy and its enforcement mechanism in Bangladesh. Although these principles are not justifiable, they are fundamental in running the country. Judicial remedies for fundamental rights and non-justifiable principles of guidelines are the deliberate strategies of the constitution.
Fundamental Principles of State Policy as set out in Articles 8 to 11 and 13 to 25 of Part II of the Constitution of the People's Republic of Bangladesh.
Principles Laws
34; In a sense, we can quite well say that there is no law without sanction. For a rule of law must at least be a rule conceived as binding, and a rule is not binding when whoever it applies to is free to apply it or not as he sees fit. To conceive of any part of human conduct as subject to law is to conceive that the freedom of the actor has limits which he crosses at his own peril. In general, the safest definition of law in the lawyer's sense seems to be a rule of conduct. binding on members of a common state. as such.”19.
In their view, those entrusted with certain duties will perform them in good faith and in accordance with the expectations of the community.”20. Sir Fredrick Pollock, however, emphasized the point that the ordinary meaning of law, as given in the Oxford Dictionary (1903), is: 'The body of rules, whether arising from law or custom, which is regarded as binding upon a particular State or community. esteems for its members or subjects.” Our founding fathers did not treat the drafting of our constitution as a place to settle a conflict between eminent jurists. Roscoe Pound can have no relevance to society and that is simply not true.
It therefore appears that from this jurisprudential perspective also that the Functional Principles of State Policy as contained in the Constitution of Bangladesh are not laws in the sense of enforcement. Justice Mustafa Kamal has rightly observed that these are not laws and to call them as laws would be unconstitutional as he says." It is the Law of the Constitution itself that the fundamental principles of state policy are not laws themselves but ' principles'. principles' with 'laws' is to go against the Act of the Constitution itself."22.
Underlying object of incorporation of Fundamental Principles of State Policy in the Constitution
- Governance in Bangladesh
- Law Making Process
- Interpretation of Constitutional of Other Laws
- Shall of the Basic of State and Citizen
We have left enough room for people with different views on achieving the ideal of economic democracy to pursue it in their own way and convince the electorate that this is the best way to achieve economic democracy, the greatest chance of achieving economic democracy. act the way they want to act. Sir, that is why the language of the articles in Part IV is left in the way this editorial committee thought it best to leave it. Bangladesh is one of the most successful developing countries in accelerating growth, promoting pro-poor growth and improving social progress indicators.
Given the low revenue base, the main goal of this program is also to strengthen domestic tax mobilization. Originalist: An originalist is a person who believes that the meaning of the constitution does not change or evolve over time, but that the meaning of the text is fixed and known. The originalist believes that the constant meaning of the text should be the judge's only guide when applying or interpreting a constitutional provision.
Textualist: A textualist is an originalist who gives primary weight to the text and structure of the Constitution. The people of Bangladesh, through the Constituent Assembly, which consisted of all the elected representatives of people elected to the National Parliament and Provincial Legislative Assembly in the 1970-1971 elections under the Pakistani regime,30 formed the new sovereign nation and adopted itself to the constitution. hereinafter 'Constitution') on November 4, 1972.31 Bangladesh began its journey with the constituent citizens who were the 'inhabitants' of the then East Pakistan. Article 6(1) of the original Constitution of Bangladesh stated that “the citizenship of Bangladesh shall be determined and regulated by law.”32 However, Article 6(2) characterized the collective nationality of the people as Bangalee.
152(1) of the Constitution which defines a citizen as "a person who is a citizen of Bangladesh under the Citizenship Act". The Bangladeshi citizenry has a constitutionally entrenched participatory role in the governance and affairs of the Republic35, which is a democracy based on universal adult franchise.
Utility of the Fundamental Principles of State Policy in the Constitution
The Constitution also imposes a protective duty on the state in respect of citizenship (the „existential aspect of citizenship‟: Irving 2016). It entitles citizens both to a number of civil and political rights and subjects them to a duty to comply with the Constitution and the laws and to perform public duties.36 'Citizenship' is a suspensive condition for them to to exercise the right to vote and to be able to participate as candidates. in general elections,37 to obtain passports,38 and access basic government services. India of the solemn resolution of the people of India to ensure social, economic and political justice to all its citizens;.
Equality of status and opportunity, and the promotion among them all of Brotherhood which ensures the dignity of the individual and the unity of the nation."39. We can therefore summarize the usefulness of the Directive Principles in the following points; .. i) ' An instrument of instructions to all authorities within the state ii) Useful beacon lights to courts iii) Important instrument in the exercise of power of judicial review iv) Usefulness in the interpretation of the Constitution.. v) Usefulness in the interpretation of other laws vi ).
Educative value of the Fundamental Principles of State Policy inserted in the Constitution
Otherwise, it would be meaningless to say, since clause 10 says that these principles are fundamental and that it is the duty of the state to implement them in making laws."42 But these changes were neither considered nor accepted .43 Then a question naturally arose: Is there any justification for including these unenforceable principles in the Constitution, but it is a fact that many modern constitutions contain moral principles of this kind, and it cannot be denied that they can have an educational value. "44.
Thus, it has been emphasized that these principles, though not enforceable by the court, have an educative value in general which can inspire all authorities in the state to achieve the ultimate goal of economic democracy. Rau, whose draft of the Constitution (of India) formed the basis of the discussion in the Drafting Committee and in the Constituent Assembly, admitted that once his amendments had been rejected, the Directive Principles had. 44 Rau Senegal Sir, The Constitution of India in the Making, 2nd Revised and Expanded Edition, at p.
Relationship between fundamental rights and fundamental principles of state policy
Thus, this Article 31C gave precedence to Articles 39 (b) and (c) [the two Directive Principles] over the fundamental rights contained in Articles 14 and 19, and then in 1976 by the 42nd Amendment Act of The constitutional scope of priority was extended to all. principles set out in Part IV, but this extension was further declared invalid as unconstitutional by the majority decision of the Supreme Court in 1980 in the case of Minerva Mills V. Union of India,49 so that Article 31C now remains in advance. 1976 form which gives protection to Articles 39(b) and (c) rather than including all the Directive Principles. This part of Article 31C was considered valid by the Supreme Court of India50 and the last part of this article was declared invalid as unconstitutional by the same case51 on the grounds of removing the power of judicial review, but it is interesting that the text has not yet has been changed due to legal technical difficulty and the previous text52 still remains in the Constitution, although it has been declared invalid by the highest court.53 In determining the validity, the court considered that there is no disharmony between these two, as they complement each other in the goal. in the same aim to bring about a social revolution for the creation of a welfare state, which is envisaged in the preamble as the final spirit of the Constitution and it is also the duty of the court to interpret the Constitution in order to ensure the implementation of the Directive Principles. 54.
52 Article 31C of the Constitution of India: “Despite everything stated in Article 13, there is no law implementing the policy of the State to secure Article 14 or Article 19.
SOME CASE STUDIES ON THE FUNDAMENTAL PRINCIPLES
Fundamental principles of state policy are not judicially enforceable: It was held by one of the judges in the Supreme Court Division that there was not any inconsistency and, even if there was, the Repeal Ordinance could not be declared void in view of Section 8(2) of the Constitution, which states that the Fundamental Principles of State Policy are not enforceable by the Court. 2, Judicial Enforceability of Fundamental Principles of State Policy: A New Interpretation: The other judge opined that although Fundamental Principles of State Policy are not judicially enforceable, but a law which directly contradicts any Fundamental Principle or which such a principle denied, then the law can be declared void despite the provision in section 8(2). The Repeal Ordinance was challenged mainly on the grounds that it is inconsistent with Articles 9,11 and 59 of the Constitution.
Article 7(2) of the Constitution states that any law that is inconsistent with the Constitution is void. Learned counsel for the appellants seeks on this ground a declaration of nullity of the Repeal Ordinance. Article 15(a) states that it shall be a fundamental responsibility of the State to provide for basic necessities of life, including food, clothing, shelter, education and medical care for the people.
34; The Preamble and Article 8 also declare "the principles of absolute trust and faith in Almighty Allah" as a fundamental principle of the Constitution and as a fundamental principle of state policy. Article 8(2) states that these principles are not enforceable in any court of law, but they are nevertheless fundamental to the governance of the state and it is the duty of the state to apply this principle in making laws. The language used by the framers of the constitution must be interpreted sensibly with the development and growth of our society.
CONCLUSION
Recommendations
Conclusion
