BANGLADESH RED CRESCENT SOCIETY ORDER (P.O.
NO. 26 OF 1973)
4 and 7(6)
to form an association not flowing from Article 38 of the Constitution—(a)
Whether such right can be protected there under, (b) whether a statutory right
under P.O. 27 of 1973 can be protected under Article 102 of the Constitution
and (c) whether such statutory right can be amended by the legislature?
(a) No.—as the appellants right does not flow from his right to form an
association he cannot claim any right or protection under Article 38.
right under Article 38 implies that several individuals having a community of
interest can join together to form a voluntary association for furtherance of a
common lawful object.
38 cannot be invoked for support or substance or fulfillment of every object of
(a) Yes, — whatever right he (appellant) has as a
member of the society Red (Crescent) has been given under P.O. 26 of 1973 and
he can legitimately claim protections under Article 102 of the Constitution for
enforcement of his statutory right.
(b) Yes, — But he (appellant) cannot claim that
his right under the statute cannot be modified, altered or affected by an
amendment of P.O. 26 of 1973, validity passed by the legislature.
right the appellant has under P.O. 26 of 1973 can be modified, regulated or taken
away by an amendment of that Order— There is no dispute as to the principle
that the legislature can, subject to the provisions of the Constitution, take
away a vested right by an express enactment.
Asaduzzaman Vs. Bangladesh, represented by the Secretary, Ministry of Law and
Justice and others; 1O BLD (AD) 267.
features of the Red Crescent Society from other voluntary society and
are certain features which distinguish the Red Crescent Society from other
voluntary societies or associations—The society is a body corporate and the
definitions of the term ‘Corporation’ or a ‘body corporate’ are:
is clear that though the society is an association of persons it is an
association sui generis—Though membership to the society is open to all the
citizens of Bangladesh, who comply with the terms and conditions laid down in
the rules framed under the order, no one has the right to form a similar
other associations the Society cannot be dissolved except by law made for the
purpose (Article 24 of P.O. 26 of 1973).
valid analogy can be drawn between a District Board and the Society, because
the National Society being a component of the lnter9ational League of Red Cross
and Red Crescent Movement is and must necessarily by an independent, impartial,
voluntary, autonomous association of members.
analogy or similarly between the District Board and Red Crescent Society is no
doubt striking, but in both the cases the rights of the members flow from a
statute and not from the fundamental right of association that citizens enjoy
on their own.
Asaduzzanzan Vs. Bangladesh, represented by the Secretary, Ministry of Law and
Justice and others; IOBLD (AD) 267.
A.I.R. l952 (SC)196; PLDI964 (SC) 63 :A .I.R, 1971 (SC)966; A.I.R. 1952 (Cal)