Introduction

Constitution is a set of basic laws or principles for a country that describes the rights and
duties of citizen. It is the foundation and source of the legal authority underlying the
existence of the state. It provides the frame work for the organization of the state
Government. A constitution is a basic design, which deals with the structure and power of
the government.

Meaning & Definition of Constitution:

The term constitution is derived from Latin word ‘constitute' which means to set up, to
establish. Constitution is the basic document of a state.

“Constitution is the form of Government"

-Leacock.

[R.C.Agarwall ibid]

"Constitution is system of fundamental political

institution"

-Finner
 [The theory & Practice of Modern Government, P-11]

"Constitution is the way in which, citizen who are the component parts of the state, are
arranged in relation to one another. "

-Aristotle

“Constitution fixes the structure of Supreme government”

-Austin

Contents of the Constitution:

1. Organization and form of the administration state

2. function of different organs of govt

3. Mention at the fundamental rights of citizen

4. Relations of the govt with people

Classification of the Constitution :

1. Evolved and Enacted

2. legal and Real.

3. Written and Unwritten

4. Flexible and Rigid

Function of a constitution:

1. Expression of Ideology

2. Expression of basic law

3. Organizational Framework

4. Level of Government
5. Amendment provision.

(B)

Approaches of Constitution :

1. Textual Approach

2. Contextual Approach

Other :

Original intent

Living Constitution

Presidential Approach

Precedent /stare Decisis

Structural / Functional Approach

Doctrinal Approach

Method:

1. By Grant

A constitution is granted by a sovereign ruler, monarch, or colonial power as a concession

to the people.

Examples:

The French Charter of 1814 granted by King Louis XVIII.

Japan’s Meiji Constitution of 1889.

2. By Deliberate Creation

A constitution is deliberately created by a representative body or a constitutional assembly,

often after extensive discussion and negotiation.

• By Constituent Assembly- US Constitution, Indian Constitution, Bangladesh

Constitution.
• By Legislative Assembly- the Government of India Act,1919 and that of 1935,The
Irish Constitution of 1922.

Examples:
The U.S. Constitution of 1787, drafted by the Constitutional Convention.

The Indian Constitution of 1950, created by a Constituent Assembly

3. By Revolution

Constitutions emerge as a result of revolutionary movements that overthrow old regimes

and establish new systems of governance.

Examples:

The French Constitution of 1791, following the French Revolution.

The Soviet Constitution of 1918, after the Bolshevik Revolution.

4. By Gradual Evolution

Constitutions develop over time through a series of laws, conventions, and precedents
without formal drafting or codification.

Examples:

The British Constitution, which is unwritten and based on statutes, common law, and
conventions.

The Swiss Constitution, which evolved through amendments and reforms.

(C)

History of Constitutional Development in Bangladesh

Before the Constitution came into force on the 16th December 1972, Bangladesh was
governed, de jure from the 26th March, 1971, de facto from 16th December 1971, by three
constitutional documents:

1. The Proclamation of Independence,1971

2. Laws Continuance Enforcement Order,1971
3. Provisional Constitution of Bangladesh Order,1972

1.The proclamation of independence:

Following the military crackdown on March 25, 1971 the Awami League leaders who
could flee to India assembled in Kolkata. With their prompt initiative a formal
Proclamation of Independence was drafted and adopted on 10th April,1971. Under this
Proclamation the representatives constituted themselves into a Constituent Assembly
for Bangladesh and declared Bangladesh as a Sovereign People’s Republic. The
 proclamation of independence Bangabandhu Sheikh Mujibur Rahman was made
President and Syed Nazrul Islam Acting President. They thereby confirmed the
declaration already made on March 26,1971. And now it remained no longer a mere
declaration; it became a formally approved document which acted as interim
Constitution. It provided for a Presidential system of Government giving the President
the absolute power in views of the war situation.

2.Laws Continuance Enforcement Order,1971:

On 10th April1971, along with the Proclamation of Independence, Law’s Continuance

Enforcement Order was issued. This Order provided that all laws that were in force in
Bangladesh on March 25, 1971 and were subject to the Proclamation of Independence,
continued to be in force with such consequential changes as were necessary.

3.The Provisional Constitution of Bangladesh Order,1972:

On December 16, 1971 Bangladesh achieved its full formal independence. The State
administration was being run according to the Proclamation of Independence. On January
10,1972 Bangabandhu Sheikh Mujibur Rahman returned to Bangladesh and took up the
post of President. On 11th January 1972, the President promulgated the Provisional
Constitution of Bangladesh Order,1972. By virtue of this Order the entire character of the
government was changed. The Presidential form was substituted by a form aiming at a
Westminster type Parliamentary system.

The first step in making the Constitution of independent Bangladesh was the promulgation
of the Constituent Assembly of Bangladesh Order on March 22, 1972 as envisaged in the
Provisional Constitution of Bangladesh Order,1972. This Order defined the Constituent
Assembly and its functions in details. The Constituent Assembly comprised the elected
representatives of the people of Bangladesh who were elected as MNAs and MPAs in the
elections held during December 7,1970 to March 1,1971.

The total members elected as MNA and MPA were 469 (169 MNAs & 300 MPAs). Among
them 12 died, 2 became Pakistani citizens, 5 were arrested under the Collaborator’s Order,
46 were disqualified under the Constituent Assembly (Disqualification of Membership)
Order and 1 went to a foreign service. The remaining 403 members manned the
Constituent Assembly.

Constitution Drafting Committee

The Constituent Assembly held its first session on 10th April 1972. A thirty-four member
Draft Committee headed by the then Law Minister Dr. Kamal Hossain, was set up on the
very day the Constituent Assembly convened. The committee was dominated by Awami
League members, excepting a lone opposition member from Ganatantri Party. The
Committee was asked to submit its report to the Constituent Assembly with a Bill of the
Draft Constitution.

Constitution Drafting Committee The committee had its first meeting on April 17, 1972. In
this meeting a resolution was adopted which invited proposals and suggestions from all
sections of the people. In response to this invitation, 98 memoranda were received. The
Drafting Committee had 74 meetings to draft the constitution and on June 10,1972 it
approved the draft. Lastly on 11th October the full draft of the Constitution was finally
approved.

Second Session of the Constituent Assembly

The second session of the Assembly commenced on October12, 1972. On this day Dr.
Kamal Hossain introduced the draft Constitution as a Bill. After seven days general
discussion over the Bill commenced on October 19 and continued till November 3. During
this long discussion 163 amendments were proposed. Among these 84 amendments were
adopted 83 of which were moved by Awami League Members and one was by Suranjit Sen
Gupta. But most of the amendments were linguistic errors of the Bill. The third reading on
the Bill was held on November 4 and on that very day Assembly adopted the Constitution
for Bangladesh.

Conclusion:.......