Constitutional Law of Bangladesh

Constitutional Law of Bangladesh

The Fundamentals of Constitutional Law:

The Notion of Constitution and Constitutionalism, Definition and Classifications of Constitution, Nature and scope of Constitutional Law, Forms of Government, Democracy, Autocracy, Unitary and Federal Systems,  The Parliamentary and the Presidential form of Government, Rule of Supremacy of Law as involving the Concepts of Legal Certainty and Procedural Fairness, Elements of an Ideal Constitution;

An introduction to the Constitution of Bangladesh:

Emergence of Bangladesh, Framing of the Constitution of Bangladesh, Proclamation of Independence Order, Interpretation of the Constitution, Supremacy of the Constitution, Features of Bangladesh Constitution, Preamble, Supremacy of the Constitution, Fundamental Principles of State Policy and Fundamental Rights their Enforcement, Emergency Provisions, Amendment Procedure;

The Executive:

The President- Modes of Election and Terms of Office, Power and Functions, Legislative Power, Ordinance Making Power, Immunities and Prerogative of Mercy, Impeachment and Removal of  the President, Non-Party Care-Taker Government: Composition, Functions and Debates; Local Government, Defence Services;

The Prime Minister and the Cabinet:

Terms and Tenure of office, Power and Functions of the Prime Minister and different Ministers, Ministerial Responsibility and Accountability;

The legislature:

Parliament, Its Composition, Powers and Functions, Privileges and Immunities, Qualification and Disqualification for Election to Parliament, Legislative and Financial or Fiscal Powers and Procedures, Delegated Legislation, Powers and Functions of the Speaker and Deputy Speaker, Sovereignty of the Parliament, Vacation of Seat of the Members of Parliament;

The Judiciary:

Composition, Structure, Jurisdiction and Powers of the Supreme Court, Appointment of the Judges, Superintendence of Subordinate Courts, Separation of Powers, Rule of Law and Independence of the Judiciary, Administrative Tribunals, Supreme Judicial Council, Attorney General, Constitutional Remedies, Ombudsman, Writ, Judicial Review;

The Election Commission:

Establishment and Functions of the Election Commission;

The Service of Bangladesh:

Establishment of Public Service Commission, Judicial Service Commission, Functions of the Commissions;


Amendments (1-14) of the Constitutions;

Relevant Law:

Books recommended:

1.   The Constitution of the People’s Republic of Bangladesh by

Government Publication

Perspective by Abdul Halim

Leading Cases:

1. A.K Roy V. Union of India (1982) 1 SCC 270

2. Federation of Pakistan V. Moulvi Tamizumuddin Khan PLD (1955) FC 150

3. Abul Ala Moududi V. Govt. of West Pakistan 17 PLD (SC) 209; PLD 1964

4. Malik Ghulam Jilani V. Govt. of West Pakistan PLD 1967 SC

5.Asma Jilani V. Govt. of Pakistan and Others by PLD 1972 SC

6. Kazi Muklesur Rahman V. Bangladesh 26 DLR (AD) 44

7. Anwar Hossain Chowdhury V. Bangladesh (1989) BLD (SPL) 2

8. Aruna Sen V. Bangladesh (1975) 27 DLR (HCD) 122

9. S.P. Gupta V. Union of India AIR 1982 SC

10. Habibur Rahman V. Bangladesh 26 DLR SC

11. Dr. Mohiuddin Farooque V. Bangladesh (1997) 17 BLD (AD)

12. Secretary Ministry of Finance V. Masdar Hossain and

Others (2000), 52 DLR (AD) 82

(Also Additional Books, Journal Articles, Contemporary cases, materials form Websites will be discussed by the Course Teacher Concerned)