His valuable feedback helped me continuously improve my thesis and steered me in the right direction. This is to certify that the research monograph entitled “Fundamental Principles Enshrined in the Constitution of Bangladesh: An Appraisal” submitted by Aysha Akter (ID No: LLB in fulfillment of the requirements for the award of Bachelor of Laws at Sonargaon University under my supervision and guidance It is also to be confirmed that no part of this research monograph has been submitted anywhere before.
I certify that this thesis does not incorporate without acknowledgment any material previously submitted for a degree or diploma at any university; and that to the best of my knowledge and belief does not contain any material previously published or written by another person expect where the text is referred to. Subject: Submission of research monograph on “Fundamental Principles Enshrined in the Constitution of Bangladesh: An Appraisal”. The Constitution of the People's Republic of Bangladesh is the supreme law of the land, manifesting the rules and regulations by which the state and its citizens are to be governed.
The principles contained in Part II will be fundamental to the governance of Bangladesh, will be applied by the State in law-making, will guide the interpretation of the Constitution and other laws of Bangladesh, and will form the basis of the work of the state and its citizens, but will not be legally enforceable. No one knows when the government will reach the goal of full implementation of the fundamental principles.
11 Basic Principles of State Policy enshrined in Articles 8 to 11 and 13 to 25 of Part II of the Constitution of the People's Republic of Bangladesh. The article also states that the principles in Part II shall be fundamental to the governance of Bangladesh, shall be applied by the State in making laws, shall be a guide to the interpretation of the Constitution and the other laws of Bangladesh, and shall form the basis of the work of the state and its citizens, but must not be legally binding. Directive or basic principles of state policy as an expression of constitutional jurisprudence have not been given any universal definition.
From the perspective of the Constitution of Bangladesh, it can be said that the basic principles of state politics are usually those principles that behave as. Although these rules are unjustifiable, they are essential to the governance of the region. The idea of the basic principles of state policy is taken from the Republic of Ireland.
The Constitution of Bangladesh in its Part II includes some guidelines for the country and calls them "Fundamental Principles of State Policy". 12 also contains provisions on basic needs, which state that it is the fundamental responsibility of the state to achieve, through planned economic growth, the continuous increase of productive forces and the continuous improvement of the material and cultural standard of living of the people. , with the aim of providing its citizens with basic needs and rights such as food, clothing, shelter, education, health care, right to work, etc.
It will be a fundamental responsibility of the state to emancipate the toiling masses, the peasants and workers and the backward sections of the people from all forms and. 17 (2) Every person in the service of the Republic has the duty to try at all times to serve the people. The state ensures the separation of the judiciary from the executive bodies of the state.
Nationalism: Nationalism was stated as the very first principles stated in Article 9 of the Constitution. Nationalism achieved from the culture, faith and a long struggle of the freedom war. Socialism and Extortion of Freedom: Socialism has been stated as the basic principles and mentioned in Article-10 of the constitution.
19 Democracy and Human Rights: Democracy is the way for people's participation in all spheres of government. Nationalism has been set as the very first principles which have been stated in clause 9 of the constitution. Journalism in Bangladesh has been under enormous pressure, as evidenced by the country's rankings in the World Press Freedom Index.
Members of parliament were also often unaware of all the problems in their constituencies, due to a law. Socialism is one of the four fundamental principles of state policy in the original Constitution of Bangladesh. Socialism is declared as a basic principle and mentioned in Article 10 of the constitution.
The state ensures the separation of the judiciary from the executive bodies of the state. 41. The separation of the judiciary is a prerequisite for the independence of the judiciary, which is a basic feature of the constitution. The nomenclature of the Judicial Service is in accordance with the language of the Constitution and is called the Judicial Service of Bangladesh or the Judicial Service of Bangladesh.
It is also ordered that a separate commission for judges' salaries be established immediately as part of the future rules. It is declared that the members of the judicial service are under the jurisdiction of the administrative court. 41.
Moreover, according to the second paragraph of Article 7 of the Constitution, if any law is inconsistent with any. In the true sense, the Supreme Court will declare this law null and void if it finds the law inconsistent with any provision of the Constitution. Bangladesh, which is known as the locus standi case, the court while interpreting Article 102 of the Constitution added a wider meaning to the term "aggrieved person".
The role of these principles in guiding the interpretation of the constitution and other laws of Bangladesh is discussed. 34. With regard to state policy in the field of education, it is unfortunate that the learned judges have taken upon themselves an investigation that is not justified by law in the Constitution by the arguments of the parties. One of the judges in the High Court Division considered that there was no inconsistency and that the Repeal Ordinance, even if it did exist, could not be annulled in the light of Article 8(2) of the Constitution , stating that the Fundamental Principles of State Policy are not enforceable by the Court.
In this case, the petitioners challenged the constitutional validity of the law in the High Court Division. Bangladesh Local Government (Upazila Parishad and Upazila Administration Re-organization) (Repeal) Ordinance, 1991, inter alia on the grounds that this Ordinance violates Articles 9, 11,59 and 60 of the Constitution and as such is void is in terms of Article 7(2) of the. It is the law of the constitution itself that states that the fundamental principles of state policy are not themselves laws, but "principles."
34;While our Constitution recognizes the supremacy of the Constitution, it lays down basic principles of state policy in Part II, although the principles are not legally enforceable." 34;Parliament is a creation of the Constitution itself; the local electoral bodies are created by their respective statutes under the Constitution Article 9 which is found in Part II relating to Fundamental Principles of State Policy But the High Court Division held that this decision of the Government was not contrary to the Fundamental Principles of State Policy.
The decision of the Government of the People's Republic of Bangladesh is in accordance with the spirit of the fundamental principles of national policy and in accordance with Chapter VII of the UN Charter. It can be observed that although the fundamental principles of state policy cannot be enforced in written jurisdiction under Article 102 of the Constitution, they serve as a guide for the court in interpreting the Constitution. We do not find that the Government's decision would be in conflict with the Foundations of State Policy and fundamental rights." 57.
Article 22, which is enshrined in Part II of the Constitution as principles of state policy, is also not, in the light of Article 8 of the Constitution.”58. Constitution and other laws of Bangladesh; and (iv) they will form the basis of all the works of the State and of its citizens.
