Constitutional Law of Bangladesh
Structure and Salient Features
The Constitution of the People's Republic of Bangladesh was adopted on 4 November 1972 and commenced on 16 December 1972. It is written, rigid, and originally rested on four fundamental principles: nationalism, socialism, democracy and secularism. The Constitution has been amended many times; the Fifth and Seventh Amendment cases and the Thirteenth Amendment (caretaker government) are frequent exam topics. Know that the Constitution is the supreme law and any law inconsistent with it is void under Article 7.
Fundamental Rights and Enforcement
Part III contains fundamental rights, including equality before law (Article 27), prohibition of discrimination (Article 28), protection of life and personal liberty (Article 32), safeguards on arrest and detention (Article 33), prohibition of forced labour (Article 34), freedom of movement, assembly, association, profession, and freedom of thought, conscience, speech and press (Articles 36-39), protection of property (Article 42), and protection of home and correspondence (Article 43). Article 44 allows enforcement through the High Court Division, and Article 102 provides the writ jurisdiction: habeas corpus, mandamus, certiorari, prohibition and quo warranto.
Organs of the State
Understand the President as constitutional head, the Prime Minister and Cabinet, Parliament (Jatiya Sangsad), the judiciary, and the Election Commission. Know the ordinance-making power, the emergency provisions in Part IXA, and the procedure for constitutional amendment under Article 142.
Traps
Examiners test the difference between Articles 44 and 102, the meaning of 'law' in Article 152, the writ of quo warranto (questioning a person's authority to hold office), and whether fundamental rights are available against private persons. Also note that Article 33 safeguards apply to arrested persons, not to ordinary civil detention.
Rule of Thumb
If a question names a right, match it to the article number, and if it names a remedy, ask whether the applicant seeks enforcement of a fundamental right (Article 44) or a general writ against an authority (Article 102).