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HR Day
2003 Index :: SDNP Home
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FUNDAMENTAL PRINCIPLES OF STATE POLICY
8. Fundamental principles.
9[(1)
The principles of absolute trust and faith in the
Almighty Allah, nationalism, democracy and socialism meaning economic and social
justice, together with the principles derived from them as set out in this Part,
shall constitute the fundamental principles of state policy.
(1A).
Absolute trust and faith in the Almighty Allah shall
be the basis of all actions.]
(2)
The principles set out in this Part shall be
fundamental to the governance of Bangladesh, shall be applied by the State in
the 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.
10[9.
Promotion of local Government institutions.
The State shall encourage local Government
institutions composed of representatives of the areas concerned and in such
institutions special representation shall be given, as far as possible, to
peasants, workers and women.
10. Participation of women in national life.
Steps shall be taken to ensure participation of women
in all spheres of national life.] Participation of women in national life.]
11. Democracy and human rights.
The Republic shall be a democracy in which fundamental
human rights and freedoms and respect for the dignity and worth of the human
person shall be guaranteed
11*
* *
12[,
and in which effective participation by the people through their elected
representatives in administration at all levels shall be ensured].
12. [Omitted]
13*
* * * * *
13. Principles of ownership.
The people shall own or control the instruments and
means of production and distribution, and with this end in view ownership shall
assume the following forms-
(a)
state ownership, that is ownership by the State on
behalf of the people through the creation of an efficient and dynamic
nationalised public sector embracing the key sectors of the economy;
(b)
co-operative ownership, that is ownership by
co-operatives on behalf of their members within such limits as may be prescribed
by law; and
(c)
private ownership, that is ownership by individuals
within such limits as may be prescribed by law.
14. Emancipation of peasants and workers.
It shall be a fundamental responsibility of the State
to emancipate the toiling masses the peasants and workers and backward sections
of the people from all forms and exploitation.
15. Provision of basic necessities.
It shall be a fundamental responsibility of the State
to attain, through planned economic growth, a constant increase of productive
forces and a steady improvement in the material and cultural standard of living
of the people, with a view to securing to its citizens-
(a)
the provision of the basic necessities of life,
including food, clothing, shelter, education and medical care;
(b)
the right to work, that is the right to guaranteed
employment at a reasonable wage having regard to the quantity and quality of
work;
(c)
the right to reasonable rest, recreation and leisure;
and
(d)
the right to social security, that is to say to public
assistance in cases of undeserved want arising from unemployment, illness or
disablement, or suffered by widows or orphans or in old age, or in other such
cases.
16. Rural development and agricultural revolution.
The State shall adopt effective measures to bring
about a radical transformation in the rural areas through the promotion of a
agricultural revolution, the provision of rural electrification, the development
of cottage and other industries, and the improvement of education,
communications and public health, in those areas, so as progressively to remove
the disparity in the standards of living between the urban and the rules areas.
17. Free and compulsory education.
The State shall adopt effective measures for the
purpose of -
(a)
establishing a uniform, mass-oriented and universal
system of education and extending free and compulsory education to all children
to such stage as may be determined by law ;
(b)
relating education to the needs of society and
producing properly trained and motivated citizens to serve those needs ;
(c)
removing illiteracy within such time as may be
determined by law.
18. Public health and morality.
(1)
The State shall regard the raising of the level of
nutrition and the improvement of public health as moving its primary duties, and
in particular shall adopt effective measures to prevent the consumption, except
for medical purposes or for such other purposes as may be prescribed by law, of
alcoholic and other intoxicating drinks and drugs which are injurious to health.
(2)
The State shall adopt effective measures to prevent
prostitution and gambling.
19. Equality of opportunity.
(1)
The State shall endeavour to ensure equality of
opportunity to all citizens.
(2)
The State shall adopt effective measures to remove
social and economic inequality between man and man and to ensure the equitable
distribution of wealth among citizens, and of opportunities in order to attain a
uniform level of economic development throughout the Republic.
20. Work as a right and duty.
(1)
Work is a right, a duty and a matter of honour for
every citizen who is capable of working, and everyone shall be paid for his work
on the basis of the principle "from each according to his abilities to each
according to his work".
(2)
The State shall endeavour to create conditions in
which, as a general principle, persons shall not be able to enjoy unearned
incomes, and in which human labour in every form, intellectual and physical,
shall become a fuller expression of creative endeavour and of the human
personality.
21. Duties of citizens and of public servants.
(1)
It is the duty of every citizen to observe the
Constitution and the laws, to maintain discipline, to perform public duties and
to protect public property.
(2)
Every person in the service of the Republic has a duty
to strive at all times to serve the people.
22. Separation of Judiciary from the executive.
The State shall ensure the separation of the judiciary
from the executive organs of the State. Separation of Judiciary from the
executive.
23. National Culture.
The State shall adopt measures to conserve the
cultural traditions and heritage of the people, and so to foster and improve the
national language, literature and the arts that all sections of the people are
afforded the opportunity to contribute towards and to participate in the
enrichment of the national culture.
24. National monuments, etc.
The State shall adopt measures for the protection
against disfigurement, damage or removal of all monuments, objects or places of
special artistic or historic importance or interest.
25. Promotion of international peace, security and
solidarity.
14[(1)]
The State shall base its international relations on
the principles of respect for national sovereignty and equality,
non-interference in the internal affairs of other countries, peaceful settlement
of international disputes, and respect for international law and the principles
enunciated in the United Nations Charter, and on the basis of those principle
shall-
(a)
Strive for the renunciation of the use of force in
international relations and for general and complete disarmament;
(b)
uphold the right of every people freely to determine
and build up its own social, economic and political system by ways and means of
its own free choice; and
(c)
support oppressed peoples throughout the world waging
a just struggle against imperialism, colonialism or racialism.
15[(2)
The State shall endeavour
to consolidate, preserve and strengthen fraternal relations among Muslim
countries based on Islamic solidarity.
PART III
FUNDAMENTAL RIGHTS
26. Laws inconsistent with fundamental rights to be
void.
(1) All existing law inconsistent with the provisions
of this Part shall, to the extent of such inconsistency, become void on the
commencement of this Constitution.
(2) The State shall not make any law inconsistent with
any provisions of this Part, and any law so made shall, to the extent of such
inconsistency, be void.
16[(3)
Nothing in this article shall apply to any amendment of this Constitution made
under article 142].
27. Equality before law.
All citizens are equal before law and are entitled to
equal protection of law.
28. Discrimination on grounds of religion, etc.
(1) The State shall not discriminate against any
citizen on grounds only of religion, race caste, sex or place of birth.
(2) Women shall have equal rights with men in all
spheres of the State and of public life.
(3) No citizen shall, on grounds only of religion,
race, caste, sex or place of birth be subjected to any disability, liability,
restriction or condition with regard to access to any place of public
entertainment or resort, or admission to any educational institution.
(4) Nothing in this article shall prevent the State
from making special provision in favour of women or children or for the
advancement of any backward section of citizens.
29. Equality of opportunity in public employment.
(1) There shall be equality of opportunity for all
citizens in respect of employment or office in the service of the Republic.
(2) No citizen shall, on grounds only of religion,
race, caste, sex or place of birth, be ineligible for, or discriminated against
in respect of, any employment or office in the service of the Republic.
(3) Nothing in this article shall prevent the State
from -
(a) making special provision in favour of any backward
section of citizens for the purpose of securing their adequate representation in
the service of the Republic;
(b) giving effect to any law which makes provision for
reserving appointments relating to any religious or denominational institution
to persons of that religion or denomination;
(c) reserving for members of one sex any class of
employment or office on the ground that it is considered by its nature to be
unsuited to members of the opposite sex.
17[30.
Prohibition of foreign titles, etc.
No citizen shall, without the prior approval of the
President, accept any title, honour, award or decoration from any foreign
state.]
31. Right to protection of law.
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 accordance with law.
32. Protection of right to life and personal liberty.
No person shall be deprived of life or personal
liberty save in accordance with law.
18[33.
Safeguards as to arrest and detention.
(1) No person who is arrested shall be detained in
custody without being informed, as soon as may be of the grounds for such
arrest, nor shall he be denied the right to consult and be defended by a legal
practitioner of his choice.
(2) Every person who is arrested and detained in
custody shall be produced before the nearest magistrate within a period of
twenty four hours of such arrest, excluding the time necessary for the journey
from the place of arrest to the court of the magistrate, and no such person
shall be detained in custody beyond the said period without the authority of a
magistrate.
(3) Nothing in clauses (1) and (2) shall apply to any
person-
(a) who for the time being is an enemy alien; or
(b) who is arrested or detained under any law
providing for preventive detention.
(4) No law providing for preventive detention shall
authorise the detention of a person for a period exceeding six months unless an
Advisory Board consisting of three persons, of whom two shall be persons who
are, or have been, or are qualified to be appointed as, Judges of the Supreme
Court and the other shall be a person who is a senior officer in the service of
the Republic, has, after affording him an opportunity of being heard in person,
reported before the expiration of the said period of six months that there is,
in its opinion, sufficient cause for such detention.
(5) When any person is detained in pursuance of an
order made under any law providing for preventive detention, the authority
making the order shall, as soon as may be, communicate to such person the
grounds on which the order has been made, and shall afford him the earliest
opportunity of making a representation against the order.
(6) Parliament may be law prescribe the procedure to
be followed by an Advisory Board in an inquiry under clause (4)].
34. Prohibition of forced labour.
(1) All forms of forced labour are prohibited and any
contravention of this provision shall be an offence punishable in accordance
with law.
(2) Nothing in this article shall apply to compulsory
labour.
(a) by persons undergoing lawful punishment for a
criminal offence; or
(b) required by any law for public purpose.
35. Protection in respect of trial and punishment.
(1) No person shall be convicted to any offence except
for violation of al law in force at the time of the commission of the act
charged as an offence, nor be subjected to a penalty greater than, or different
from that which might have been inflicted under the law in force at the time of
the commission of the offence.
(2) No person shall be prosecuted and punished for the
same offence more than once.
(3) Every person accused of a criminal offence shall
have the right to a speedy and public trial by an independent and impartial
court or tribunal established by law.
(4) No person accused of any offence shall be
compelled to be a witness against himself.
(5) No person shall be subjected to torture or to
cruel, inhuman, or degrading punishment or treatment.
(6) Nothing in clause (3) or clause (5) shall affect
the operation of any existing law which prescribes any punishment or procedure
for trial.
36. Freedom of movement.
Subject to any reasonable restrictions imposed by law
in the public interest, every citizen shall have the right to move freely
throughout Bangladesh, to reside and settle in any place therein and to leave
and re-enter Bangladesh.
37. Freedom of assembly.
Every citizen shall have the right to assemble and to
participate in public meetings and processions peacefully and without arms,
subject to any reasonable restrictions imposed by law in the interests of public
order health.
38. Freedom of association.
Every citizen shall have the right to form
associations or unions, subject to any reasonable restrictions imposed by law in
the interests of morality or public order;
19*
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*
*
* * * *
39. Freedom of thought and conscience, and of speech.
(1) Freedom or thought and conscience is guaranteed.
Freedom of thought and conscience, and of speech.
(2) Subject to any reasonable restrictions imposed by
law in the interests of the security of the State, friendly relations with
foreign states, public order, decency or morality, or in relation to contempt of
court, defamation or incitement to an offence-
(a) the right of every citizen of freedom of speech
and expression; and
(b) freedom of the press, are guaranteed.
40. Freedom of profession or occupation.
Subject to any restrictions imposed by law, every
citizen possessing such qualifications, if any, as may be prescribed by law in
relation to his profession, occupation, trade or business shall have the right
to enter upon any lawful profession or occupation, and to conduct any lawful
trade or business.
41. Freedom of religion.
(1) Subject to law, public order and morality-
(a) every citizen has the right to profess, practice
or propagate any religion;
(b) every religious community or denomination has the
right to establish, maintain and manage its religious institutions.
(2) No person attending any educational institution
shall be required to receive religious instruction, or to take part in or to
attend any religious ceremony or worship, if that instruction, ceremony or
worship relates to a religion other than his own.
42. Rights to property.
(1) Subject to any restrictions imposed by law, every
citizen shall have the right to acquire, hold, transfer or otherwise dispose of
property, and no property shall be compulsorily acquired, nationalised or
requisitioned save by authority of law.
20[(2)
A law made under clause (1) shall provide for the acquisition, nationalisation
or requisition with compensation and shall either fix the amount of compensation
or specify the principles on which, and the manner in which, the compensation is
to be assessed and paid; but no such law shall be called in question in any
court on the ground that any provision in respect of such compensation is not
adequate.
(3) Nothing in this article shall affect the operation
of any law made before the commencement of the Proclamations (Amendment) Order,
1977 (Proclamations Order No. I of 1977), in so far as it relates to the
acquisition, nationalisation or acquisition of any property without
compensation.]
43. Protection of home and correspondence.
Every citizen shall have the right, subject to any
reasonable restrictions imposed by law in the interests of the security of the
State, public order, public morality or public health-
(a) to be secured in his home against entry, search
and seizure; and
(b) to the privacy of his correspondence and other
means of communication.
21[44.
Enforcement of fundamental rights.
(1) The right to move the
22[High
Court Division] in accordance with
23[clause
(I)] of article 102 for the enforcement of the rights conferred by this Part of
guaranteed.
(2) Without prejudice to the powers of the
22[High
Court Division] under article 102, Parliament may be law empower any other
court, within the local limits of its jurisdiction, to exercise all or any of
those powers.]
45. Modification of rights in respect of disciplinary.
Nothing in this Part shall apply to any provision of a
disciplinary law relating to members of a disciplined force, being a provision
limited to the purpose of ensuring the proper discharge of their duties or the
maintenance of discipline in that force.
46. Power to provide indemnity.
Notwithstanding anything in the foregoing provisions
of this Part, Parliament may be law make provision for indemnifying any person
in the service of the Republic or any other person in respect of any act done by
him in connection with the national liberation struggle or the maintenance or
restoration of other in any area in Bangladesh or validate any sentence passed,
punishment inflicted, forfeiture ordered, or other act done in any such area.
47. Saving for certain laws.
(1) No law providing for any of the following matters
shall be deemed to be void on the ground that it is inconsistent with, or takes
away or abridge, any of the rights guaranteed by this Part-
(a) the compulsory acquisition, nationalisation or
requisition of any property, or the control or management thereof whether
temporarily or permanently;
(b) the compulsory amalgamation of bodies carrying on
commercial or other undertakings;
(c) the extinction, modification, restriction or
regulation of rights of directors, managers, agents and officers of any such
bodies, or of the voting rights of persons owning shares or stock (in whatever
form) therein;
(d) the extinction, modification, restriction or
regulation of rights of search for or win minerals or mineral oil;
(e) the carrying on by the Government or by a
corporation owned, controlled or managed by the Government, of any trade,
business, industry or service to the exclusion, complete or partial, or other
persons; or
(f) the extinction, modification, restriction or
regulation of any right to property, any right in respect of a profession,
occupation, trade or business or the rights of employers or employees in any
statutory public authority or in any commercial or industrial undertaking;
if Parliament in such law (including, in the case of
existing law, by amendment) expressly declares that such provision is made to
give effect to any of the fundamental principles of state policy set out in Part
II of this Constitution.
(2) Notwithstanding anything contained in this
Constitution the laws specified in the First Schedule (including any amendment
of any such law) shall continue to have full force and effect, and no provision
of any such law, nor anything done or omitted to be done under the authority of
such law, shall be deemed void or unlawful on the ground of inconsistency with,
or repugnance to, any provision of this Constitution;
24[Provided
that nothing in this article shall prevent amendment, modification or repeal of
any such law.]
25[(3)
Notwithstanding anything contained in this Constitution, no law nor any
provision thereof providing for detention, prosecution or punishment of any
person, who is a member of any armed or defence or auxiliary forces or who is a
prisoner of war, for genocide, crimes against humanity or war crimes and other
crimes under international law shall be deemed void or unlawful, or ever to have
become void or unlawful, on the ground that such law or provision of any such
law is inconsistent with, or repugnant to any of the provisions of this
Constitution.]
26[47A.
In applicability of certain articles.
(1) The rights guaranteed under article 31. clauses
(1) and (3) of article 35 and article 44 shall not apply to any person to whom a
law specified in clause (3) of article 47 applies.
(2) Notwithstanding anything
contained in this Constitution, no person to whom a law specified in clause (3)
of article 47 applies shall have the right to move the Supreme Court for any of
the remedies under this Constitution.
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