Research Monograph
On
Fundamental Principles of the State Policies & its Enforcement Mechanism
A Research Monograph submitted for the partial fulfillment of the award of the degree LL.B. (Hon’s), Faculty of Arts and Humanities, Department of Law
Submitted by:
Maini Bhuiyan ID No. LLB1801013018
Batch: 14
thProgram : LL.B. (Hon’s) Faculty of Arts and Humanities
Department of Law Sonargaon University (SU)
Submitted to:
Md. Abdul Alim Lecturer
Faculty of Arts and Humanities Department of Law Sonargaon University (SU)
Sonargaon University (SU)
Date of Submission: 19
thApril, 2022
i
PREFACE
Firstly, I am grateful to benevolent almighty, who has been given me enough ability to let me complete this Research Monograph successfully.
I would like to express my sincere gratitude to my respected Supervisor, Lecturer, Md.
Abdul Alim Department of Law, Sonargaon University for his invaluable supervision, comments, constructive feedback, patience, and suggestions, which have facilitated in developing my knowledge and guiding me throughout all the stages of my thesis. His valuable feedback helped me in the continuous improvement of my thesis and directed me in the right direction. Without his thoughtful encouragement, instruction and guidance, I would not be able to complete the research on time.
During the completion of this research monograph, I have taken help from some books, journals, articles, and newspapers. Thanks to all authors of that books, journals and articles.
Finally, I want to express my deep gratitude to my parents and all well wishes whose enormous helps assists me to complete this report.
...
Signature
ii
CERTIFICATION BY THE RESEARCH SUPERVISOR
This is to certify that the Research Monograph titled “Fundamental Principles of the State Policies & Its Enforcement Mechanism” submitted by Maini Bhuiyan (ID- LLB1801013018) in fulfillment of the requirements for the award of the Graduate Degree in Law from Sonargaon University, under my supervision and guidance. It is also to be certified that no part of this Research Monograph has been submitted anywhere earlier.
Research Supervisor
...
Md. Abdul Alim
Lecturer, Department of Law Sonargaon University (SU), Dhaka.
iii
DECLARATION
This is Maini Bhuiyan, a student of LLB program of Department of Law of Sonargaon University, holding ID No- (LLB1801013018); do hereby declare that the research monograph titled, “Fundamental Principles of the State Policies & Its Enforcement Mechanism” is an original work.
The assigned work has done by me for partial requirement of my LLB degree, as a part of academic curriculum. I certify that this thesis does not incorporate without acknowledgement any material previously submitted for a degree or diploma in any university; and that to the best of my knowledge and belief it does not contain any material previously published or written by another person expect where due reference is made in the text.
I also declare that the presented work does not breach any existing copyright and no portion of this research monograph has been copied entirely from any work done earlier for a decree or otherwise.
Signature
...
Maini Bhuiyan
ID No. LLB1801013018 Batch: 14th
Program : LL.B. (Hon’s) Faculty of Arts and Humanities Department of Law
Sonargaon University (SU)
iv
LETTER OF TRANSMITTAL
To
Md. Abdul Alim
Lecturer, Department of Law Sonargaon University (SU).
Subject: Submission of Research Monograph on “Fundamental Principles of the State Policies & Its Enforcement Mechanism”.
Dear Sir,
It is a great pleasure for me that I have the opportunity to submit the research paper on,
“Fundamental Principles of the State Policies & Enforcement Mechanism”. I took a great pleasure in preparing the report program. According to your guidelines I have been able to effectively and enthusiastically accomplish the report. This report attempts to describe my observations, learning and recommendation based on general reasoning and empirical evidence. I made sincere efforts to conduct this study in reviewing related rules, documents, interview and examine relevant records for preparation of this report. During the research period, it is customary to work in this field to gather a better understanding of this arena. While preparing the report, I had gained lot of experience contrary to the limited theoretical knowledge on various aspects.
I have tried my level best to put meticulous effort for the preparation of this report. Any shortcomings or fault may arise as my unintentional or clerical mistakes. I will heartedly welcome any clarification and suggestion for any review and conception disseminated through this report.
Your active supervision and crafted guidance made it possible for me to prepare this report successfully. I remain available at your convenience to clarify any quarries if necessary.
Thanking you,
...
Maini Bhuiyan
ID No. LLB1801013018 Batch: 14th
Program : LL.B. (Hon’s) Faculty of Arts and Humanities Department of Law
Sonargaon University (SU)
v
ABSTRACT
Constitution of the People’s Republic of Bangladesh is the supreme law of the country that manifests the rules and regulations, by which the State and its citizen shall be governed. The principles incorporated in Part II shall be fundamental to the governance of Bangladesh, shall be applied by the state in 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.
The government should also bear in mind that, those principles are the political commitments to the people at large, and should not be kept unimplemented for a long period of time. None knows when the government will achieve the goal of complete implementation of the fundamental principles. However, if the judiciary’s hands remain tied in protecting human rights, government might not be willing to ensure the fundamental rights, which might go against their own interests, and the goal to achieve access to justice and uphold rule of law will remain as dream.
Keywords: Constitution of Bangladesh, fundamental principles, state policy, governance, judiciary, rule of law.
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TABLE OF CONTENTS
Chapter 1 INTRODUCTION
1.1 Introduction 1
1.2 Objectives 2
1.3 Methodology 2
1.4 Limitation of the Study 2
Chapter 2
CONCEPTUAL ISSUES
2.1 Fundamental Principles of State Policy 3
2.2 Futures of Directive Principles 3
2.3 Significance of the Directive Principles 5
2.4 Conventions and Directive Principles 6
2.5 Differences between Fundamental Right and Directive Principles of State Policy
7
2.6 Directive Principle under the Constitution of Bangladesh 8 2.7 Implementation of Fundamental Principles in Bangladesh 9
Chapter 3
FUNDAMENTAL PRINCIPLES UNDER THE CONSTITUTION OF BANGLADESH
3.1 Governance in Bangladesh 10
3.2 Law Making Process 12
3.3 Interpretation of Constitutional of Other Laws 13
3.4 Shall of the Basic of State and Citizen 14
3.5 Principles Laws 15
3.6 Educative value of the Fundamental Principles of State Policy inserted in the Constitution
17
3.7 Relationship between fundamental rights and fundamental principles of state policy
19
vii Chapter 4
SOME CASE STUDIES ON THE FUNDAMENTAL PRINCIPLES
4.1 Separation of Judiciary in Bangladesh- Masdar Hossain Case’s Directions 21
4.2 Saleemullah V. Bangladesh, 47 DLR 218 23
Chapter 5 CONCLUSION
5.1 Recommendations 25
5.2 Conclusion 26
Bibliography 27
