article 33 of bangladesh constitution

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The detenu cannot also ask as a matter of right to the detaining authority the facts not disclosed on the plea of public interest. Freedom of association : 39. The Dhaka High Court and after 1972 the High Court of this country have consistently held that where the petitioner has challenged his detention as illegal and the detention is continued by successive orders and the detaining authority fails to show that any of the successive orders of detention is illegal, the rule does not become infructuous. In the original constitution it was provided in Article 6 that citizens of Bangladesh would be known as ‘BANGALEES’ But this was changed and it was provided now that citizens would be known as Bangladeshis. The constitution declares "the people of Bangladesh shall be known as Bangalees as a nation", which discriminates against the country's significant non-Bengali communities. The information contains in this web-site is prepared for educational purpose. (Art. After the introduction of Article 31A in the Constitution, many problems arising out of the violation of fundamental rights contained in Part III of the Constitution were eradicated. 43. Mostoshir Ali Vs. Arman Ali 42 DLR (AD) 12. The Constitution of Bangladesh is the supreme law of Bangladesh. The High Court Division clearly proceeded on a misapprehension of the nature of an application under Article 102(2)(1) of the Constitution. SEXUAL HARASSMENT IN THE WORKPLACE: ISSUES IN THE UK AND US, FREEDOM OF SPEECH AS A PRODUCT OF DEMOCRACY, PART 1, FREE SPEECH IN A LIBERAL DEMOCRATIC SOCIETY. The Constitution of the People’s Republic of Bangladesh 1972 (amended in 2014), UN Women Constitutional Database . Provisions were made through this amendment for the suspension of some fundamental … Inserted a new Part IXA to the constitution. Article 33 Constitution of India: Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc. HM Ershad Vs. State 45 DLR 534. In case of malafide the matter of non disclosure will be justifiable one but for  the clear constitutional sanction a non—disclosure of fact that was considered to the prejudice of the detenu ought to be regarded as a violation of basic principle of natural justice. It declares Bangladesh as a secular democratic republic where sovereignty belongs to the people; and lays down the framework defining fundamental political principles of the state and spells out the fundamental rights of citizens. Prohibition of forced labour: 35. Abdul Jalil Vs. Chairman, REB 45 DLR 24. Another new Article 92A was created where by the president was given power to expend public moneys in certain cases. Detention on grounds vague and indefinite without giving sufficient materials to enable the detenu to make effective representation is illegal. Nevertheless the Article 96 of the Constitution of Bangladesh, gives the power to the President to pass order for the ultimate decision of impeachment but still the question lies, what should be the consequence if the President doesn’t give assent to the resolution of parliament; or how much value does President bears in relation to the passing of the process of impeachment. Article 102(2)(b)(i)— While detaining a person the Government must serve specific grounds for detention so as to enable him to know what are his faults and illegalities. Preventive detention—Detaining authority must keep in view Article 33(5) of the Constitution—Grounds to be communicated at the earliest to the detenu regarding the order of detention. Article 35(5)— Sajeda Parvin Vs. Government of Bangladesh 40 DLR (AD) 178. ... 72 and 142 of the constitution; (ii) substitution of Article 33 and (iii) the insertion of a new part i.e. A litigant has no inherent right in procedural remedy. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist. A writ jurisdiction cannot of necessity be invoked. Double Jeopardy—The accused is going to be prosecuted in respect of an  offence which did not occur during the earlier transaction nor the present case arose out of the same fact and for the present offence he was not tried previously. Article 31B states that the acts which are present in the ninth schedule and are inconsistent with the provisions laid down by the constitution or resist any decree or order will be left on the competent legislature to … Freedom of assembly : 38. Constitutional Law of Bangladesh ARNAB KUMAR DAS Port City International University, Chittagong, Bangladesh. 1 Article 1 Kingdom of Bhutan 1. Passed on 17 July 1973, the first amended was made to the Article 47 of the constitution. thakurgaon Bangladesh. 141C) 33. THE CONSTITUTION OF THE PEOPLE'S REPUBLIC OF BANGLADESH (As modified up to 17 May, 2004) CONTENTS: PREAMBLE: PART I: THE REPUBLIC: Article: 1. Substituted Article 33. Freedom of religion : 42. Article 103— Article 34 Constitution of India: Restriction on rights conferred by this Part while martial law is in force in any area. There was no substantive debate around this article. It is the approach of subjective satisfaction that is being made in the preventive detention cases. Focus Keyword: Quota System in Bangladesh Clauses (1) & (2) of Article 29 of the Constitution ensure the prniciple of equality of opportunity and non-discrimination in public employment and Article 29(3)(a) provides for an exception to that and gives the government the discretion to initiate/continue for special provision (affirmative action or positive discrimination) in favour of any backward section of citizens … Judicial precedent is enshrined in Bangladesh's constitution under Article 111, which makes Bangladesh an integral part of the common law world. [Constitution] User Queries. Required fields are marked *, Powered by  - Designed with the Hueman theme. Article 148— Source of Information. 45 DLR (AD) 163. Haji Golam Hossain Vs. Abdur Rahman Munshi 40 DLR (AD) 196. The territory of the Republic: 2A. (3) N othing in this article shall affect the operation of any law m ade before the com m ence- m ent of the Pro clam ations (A m end m ent) Order, 1977 (Proclam ations O rder N o. I of 19 77), in so far as it relates to the acquisitio n, nati onalisation or acq uisition of an y prop erty w ithou t com pens ation. Dr. Md. Article 33 & 34 maintain that parliament has the power to modify the application of the fundamental rights to the members of armed forces and Police forces. thank you for regards However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Article 102— martial law. “The Constitution of Bangladesh was enacted in 1972. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Freedom of assembly: 38. Third amendment. ARTICLE 70: VACATION OF SEAT ON RESIGNATION, ETC.) Appeal or revision must be given expressly by law. (2) An order made under this article may extend to the whole of Bangladesh or any part thereof. Constitutional Law of Bangladesh ARNAB KUMAR DAS Port City International University, Chittagong, Bangladesh. Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. Chunnu Chowdhury Vs. District Magistrate 41 DLR 156. Freedom of thought and conscience, and of speech : 40. Article 40— Article 102(2) (1)— Article 112— In such a position the doctrine of the Constitution or of the Code as to double jeopardy is not applicable in the present case. The Republic: 2. An agreement was made between Bangladesh and India in respect of exchange of certain enclaves and fixation of boundary lines between the countries. A person elected as a Member of … In certiorari the Court can declare that the conviction of the accused was recorded without lawful authority—if the accused’s trial is vitiated by irregularities in procedure causing him prejudice, the proceedings can be quashed. Source of Information. Article 58 was amended to the effect that four-fifths of the total number of minister should be taken from among the members of parliament. 34. Freedom of profession or occupation : 41. Article 102— Contempt— Limits of the press — Freedom of the press is recognized in our constitution—a court is to suffer criticism made against it only in the exceptional cases of bad faith or ill motive it will resort to law of contempt. Article 34 in The Constitution Of India 1949. Bangladesh constitution has a provision (in article 77.1) for the establishment of the office of Ombudsman. This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. Grounds in the initial order of detention cannot be substituted for separate grounds to be communicated to the detenu. Where specific criminal charge has been levelled and specific criminal case is pending, the executive authority should not take recourse to preventive detention— Executive authority is to act in aid of the Supreme Court as a solemn constitutional obligation. Secretaries of the Government are directed to submit reports as to the steps taken pursuant to directions of the Court as to enforcement of laws involving juvenile accused. 1. (AD) 127 that there is no scope for second revision the matter ends there. 33. Sajeda Parvin Vs. Government of Bangladesh 40 DLR (AD) 178. above the preamble. Forfeiture of book—Defect in the order is no ground for exercise of writ jurisdiction—For enforcement of fundamental right and for cancellation of order, the Court should look to the equity and good conscience in passing the impugned order (forfeiting the book in question). Habiba Mahmud Vs. Bangladesh 45 DLR (AD) 89. IXA in the … The Constitution of the People’s Republic of Bangladesh 1972 (amended in 2014), UN Women Constitutional Database . Article 39— Haji Golam Hossain Vs. Abdur Rahman Munshi 40 DLR (AD) 196. Right to profess religion— The right of the Ahmadiyya community to preach their religious beliefs is subject to law, public order and morality. The provision of absolute veto power of the president introduced by the 4. When court examines a confidential file relating to a detenu it should indicate, without disclosing the materials, that there are facts in the confidential file that are relatable to the ground of detention. The State religion: 3. Article 102(2)(b)(i)— Habibullah Vs. Secretary Ministry, of Home Affairs 41 DLR 160. Order of detention was passed for collateral purposes. Bhutan is a Sovereign Kingdom and the Sovereign power belongs to the people of Bhutan. To say the least, the view that was taken in the case of Abdul Latif Mirza 31 DLR (AD) 1 was overlooked. 2011) … constituteproject.org Bangladesh's Constitution of 1972, Reinstated in 1986, with Amendments through 2011. constituteproject.org PDF generated: 25 Nov 2019, 19:42 Bangladesh 1972 (reinst. Power of Parliament to modify the rights conferred by this Part in their application etc Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to, (a) the members of the Armed Forces; or. Where serious defect in the finding of fact given by the High Court Division is discovered and the same are considered not tenable then it should be open to the Appellate Division to come to its own) independent finding upon a re-examination or the evidence untrammeled by the opinion of the Court appealed from. Article 102(2)(b)(1)— Bangladesh, Md. The amendment inserted an additional clause, Article 47(3) that allowed punishment and prosecution of war criminals under international law. “It has been accepted worldwide that … The way Article 70 was incorporated in the Constitution at that time still remains the same. they do not possess all of them. Article 103— The petitioner having been living in Bangladesh is entitled to the protection under Article 33(5) of the Constitution and as such the detaining authority was under constitu­tional obligation to communicate grounds of detention as soon as may be. Why should we study constitution of UK and USA? Nabajug Unnayan Sangstha The Indian judicial view is completely different from that of Bangladesh judicial view on the matter. When the book contains materials justifying the government’s action, the impugned order cannot be struck down on the ground that it does not mention the facts in support of the action. Sajeda Parvin Vs. Government of Bangladesh 40 DLR (AD) 178. It was also provided that the president would appoint as prime Minister the Member of Parliament who appeared to him to command the support of the majority of the members of parliament. If, in fact, a privilege is claimed in respect of any material, it is the High Court Division alone that would finally decide as to whether the document is really a privileged one or not. The constitution describes non-Bengali communities as " tribes, minor races, ethnic sects and communities " instead of recognizing them as indigenous people as demanded by civil society groups Article 34 of the Constitution adopted in 1972, and amended in 2014, includes the following provisions on violence against women: (1) All forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. That does not mean that of necessity a writ jurisdiction may be invoked. The fact of detention and not the date of order of the detention is the material point. Md. Habiba Mahmud Vs. Bangladesh 45 DLR (AD) 89. A litigant has no inherent right in procedural remedy. The form of Government shall be that of a Democratic It states that the Ombudsman shall exercise such powers and perform such functions as Parliament may, by law, determine, including the power to investigate any action taken by a ministry, a public officer or a statutory public authority. Saleem Ullah Vs State 44 DLR (AD) 309. The book having contained matters which are deliberately and maliciously intended to outrage the religious beliefs of the bulk of the Muslims, the Government was justified in forfeiting the book. A new Article 47A was also added, which specified that certain fundamental rights will be inapplicable in those cases. People or community cannot be asked for as a mailer of right. Article 33 (Draft Article 26) empowers the Parliament to make laws that would restrict the application of fundamental rights to a specific category of people including members of the Indian Army and intelligence organisations. State filed a leave petition against the order of acquittal by the High Court Division which was dismissed after hearing—Subsequently the informant filed another leave petition. © 2017 All Rights Reserved. Article 102— Article 31 of the Constitution reads as follows: "To enjoy the protection of the law, and to be treated in accordance with law, and only in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in … Bangladesh Anjuman-e-Ahmadiyya Vs. Bangladesh 45 DLR 185. Freedom of movement: 37. Article 102— Hence the detention is illegal. Part III of the Indian Constitution confers certain Fundamental Rights on each and every citizen of this Country. Article 33 of Constitution of India – Power of Parliament to modify the rights conferred by this Part in their application etc Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to, (i) the members of the Armed Forces; or. A provision of referendum in respect of amendment of certain provisions of the constitution was inserted and to that end a new clause IA was created in Article 142. Article 56(3)— Article 226— The Court is to hold the balance between the State’s need to prevent prejudicial activities and citizen’s right to enjoy his personal liberty. Article 102— The detaining authority must always keep in view Article 33(5) of the Constitution which provides that the authority making the order for preventive detention shall, as soon as may be, communicate to the detained person the grounds on which the order of detention has been made and the Legislature in section 8(2) of Special Powers Act has taken pains to specifically direct the detaining authority to … Article 104— Article 35— Free for one month and pay only if you like it. Article 33(5)— Article 102(2)(1)— Sajeda Parvin Vs. Government of Bangladesh 40 DLR (AD) 178. In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. martial. Bangladesh Anjumane-e-Ahmadiyya Vs. Bangladesh 45 DLR 185. High Court Division which took the view “This rule therefore has become infructuous after revocation of the impugned (original) order and the detenu is in detention not under the said order but under the subsequent order which is not the subject— matter of the present rule” missed the tenor of Article 102(2)(b)(l) which confers jurisdiction on it to “satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner” Hence its mandate as in the constitution is not gender … Right to profession— The impugned restriction on the petitioner’s right to be enlisted as a contractor may be bonafide and in the interest of the board, but when it interferes with his fundamental right to profession, the restriction cannot be allowed to exist unless authorized by law. AKM Azizul Hoque Vs. Bangladesh 42DLR 189. The detaining authority must always keep in view Article 33(5) of the Constitution which provides that the authority making the order for preventive detention shall, as soon as may be, communicate to the detained person the grounds on which the order of detention has been made and the Legislature in section 8(2) of Special Powers Act has taken pains to specifically direct the detaining authority to cause service of the order containing the detailed grounds of detention at the time of detention, that is, at the very moment he is detained under the order of preventive detention. Habiba Mahmud Vs. Bangladesh 45 DLR (AD) 89. Freedom of movement : 37. Sekandar Ali Vs. Bangladesh 42 DLR 346. A writ petition does not lie against the decision of the Sessions Judge under section 439A CrPC. Article 102(2)(1)— Under proviso to Article 33 (5) of the Constitution, the authority has got a constitutional protection not to disclose anything in public interest and it is the constitutional court alone which can look into the materials pertaining to the detention of the detenu as contemplated in the Constitution for its satisfaction alone. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Sajeda Parvin Vs. Government of Bangladesh 40 DLR (AD) 178. Abdul jalil, j. held at paragraph 25 asunder: From the facts and circumstances as discussed above we are of the opinion that the petitioner having been living in Bangladesh is entitled to the protection under Article 33(5) of the constitution and as such the detaining authority was under constitutional obligation to communicate grounds of detention as soon as may … Detention was passed on 28 November 1974 that brought changes in article 77.1 ) the. 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