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. Explain and illustrate.

TOPIC:  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. Explain and illustrate.


Every country has its own constitution according to their cultural, heritage and their own entity. It’s works as a law for the whole state. Constitution also protects the right for the people. Common elements of constitution of all countries are to give the five basic rights to the people of the countries. Political parties also make their own party rules by taking the countries constitution under consideration. Constitution also refers, how the political parties and election and how the government will be formed in the country.

Generally, every modern constitution confers particular powers to an organization or institutional entity, recognized upon the primary provision that it abides by the said constitution’s limitations. According to [1]

What is constitution?

It is the fundamental law of the state, where it shows the path of a government and all other citizen of the country, how the state will be ruled and how the people will act to this constitution.[2]

A constitution is a set of laws that a set of people have prepared and agreed upon for government—often as a written document—that specified and limits the authority and task of a political entity. These rules together make up, i.e. constitute, what the entity is. In the case of countries and autonomous regions of federal countries the term refers particularly to a constitution defining the fundamental political principles, and establishing the structure, procedures, powers and duties, of a government. By restraining the government’s own reach, most constitutions guarantee certain rights to the people.

Bangladesh constitution:

The people of Bangladesh, having proclaimed our Independence on the 26th day of March, 1971 and through a momentous struggle for national liberation, established the independent, sovereign People’s Republic of Bangladesh; vow that the high ideals of nationalism, secularity, democracy and socialism, which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in the struggle for national liberation, shall be fundamental principles of the Constitution. The constitution of the people’s republic of Bangladesh comprises three basic organs:

1.      Legislative Branch               2.Executive Branch                      3. Judicial Branch

The constitution of Bangladesh is divided into 11 parts, which are further subdivided into 153 articles. In addition, there are 4 schedules.

Part I:

The Republic: it says that, states of all power belong to the people and the constitution, being the highest law of the country, will supplant any other laws and regulations.[3]

Maintain discipline:

It gives the country of entity of Bangladesh and other fact like state language, national anthem and supremacy of the constitution. EXAMPLE: “All powers in the Republic belong to the people, and their exercise on behalf of the people shall be affected only under, and by the authority of, this Constitution.”

Part II: Fundamental principles of state policy

This section deals with Promotion of local Government institutions, Participation of women in national life, Democracy and human rights, Principles of ownership, Emancipation of peasants and workers, Provision of basic necessities, Rural development and agricultural revolution, Free and compulsory education, Public health and morality, Equality of opportunity,   and so on. The basic education will be free and compulsory for the children with such issue fundamental principles of state policy are formed.[4]

Maintain discipline:

This fundamental state policy shows the way how the institutional organization will do their work with what extend from a neutral point of view. Every citizen has the right to doing their jobs, believe their religion and so on.

Example: “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.”

Part III: Fundamental rights

Under this section fundamental rights of the people of Bangladesh are the most important one to live a peaceful life. The issues are Laws inconsistent with fundamental rights to be void ,Equality before law ,Discrimination on grounds of religion, Equality of opportunity in public employment, Prohibition of foreign, Right to protection of law titles, Protection of right to life and personal liberty, Safeguards as to arrest and detention,  Prohibition of forced labour etc. [5]

Maintain discipline:

State cannot make any kind of discrimination against any citizen in terms of their race, religion and other caste. Every person have the equal opportunity of doing jobs with their choices with qualification. Here every citizen has the right to give their speech and movement within the country. How the law institution will be run under zero influence of state such as high court, Supreme Court etc.

EXAMPLE: “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.”

Part IV: The executive






This section says how the governing body of the country like president, prime minister, minister cabinet, local government and care taker government will be formed under the constitutional laws. These part concern about:  Tenure of office of Prime Minister, Tenure of office of other Ministers, Non-Party Care-taker Government, certain provisions of the Constitution to remain ineffective, Local Government, Supreme Command, Recruitment, etc., of defense services etc. [6]

Maintain discipline

Constitution provides all the procedure how the president, prime minister, minister, local government and other caretaker government, attorney general will be formed. Such document in reality provides a guideline for the institution like election commission and other governmental institution to work well under the constitution right and law provision with the right procedure. EXAMPLE: “(1) There shall be a Cabinet for Bangladesh having the Prime Minister at its head and comprising also such other Minister as the Prime Minister may from time to time designate.

Part V: The legislature[7]




This section deals with the elected government legislative power procedure where government can make certain laws under which ordinance and the procedure of holding a parliament. Under these three chapters there certain articles for the government how they will handle the financial procedure and making power of ordinance.

Maintain discipline:

How the parliament will be formed with how many elected members and when a person shall be disqualified under what circumstances details are given in the constitution. In terms of legislative of financial procedure it will comes as a Bill in the parliament where it will passed by the Parliamentary members and passed it to president, where he/she will assents bill within 15 days.

EXAMPLE: “(3) The President, within fifteen days after a Bill is presented to him shall assent to the Bill or, in the case of a Bill other than a money Bill may return it to parliament with a message requesting that the Bill or any particular provisions thereof by reconsidered, and that any amendments specified by him in the message be considered; and if he fails so to do he shall be deemed to have assented to the Bill at the expiration of that period.”

Part VI: The Judiciary [8]



This section deals with, Supreme Court for Bangladesh (to be Known as the Supreme Court of Bangladesh) consist of the Appellate Division and the High Court Division. Where the Chief Justices will be appointed by the president under the constitution law who has for not less than ten years, been an advocate of the Supreme Court, help judicial office in the territory of Bangladesh, such other qualifications as may be prescribed by law for appointment as a Judge of the Supreme Court.

Maintain discipline:

It shows how the law institutional courts works under the constitutional right and where their position is set. All procedure shows the discipline of the state to undergo the Supreme court work and other courts as well.

Constitutional Amendments:

The Constitution of the People’s Republic of Bangladesh has been modified 14 times. Some of the amendments are still under question specially 4th, 5th, 7th, 8th and 14th amendment. Such amendment makes a positives and also negative impact on the constitution. These amendment had been modified because of changing the law and other constitutional provision for the betterment of the country but the question is this had been only passed by the parliamentary board. [11]

Fifth Amendment almost retract when Bangladesh was under martial law, President and Chief Martial Law Administrator Lieutenant General Ziaur Rahman approved a presidential ruling that detached the principle of secularism from the permeable of the constitution and instead of it, placed “absolute trust and faith in the Almighty Allah”. The decree was later legitimized by the second parliament of Bangladesh.

Constitution and governance

The Constitution of Bangladesh, which came into act on December 16, 1972, is as good as any other constitution. The Constitution of Bangladesh is divided into 11 parts holding 153 Articles. The preface declares that Bangladesh is a sovereign unitary Republic and the guiding principles would be that of nationalism, democracy and socialism. The constitution has gone through a number of changes because with the needs of time and also to modernized the document. Finally it will work for the betterment of the people with equal opportunity and so no.[12]

Good governance always stands with a strong constitutional platform. This platform drives the government to rule the country on the basis of the constitution and not taking advantage of the power or misused the position a government take every five years. Election is another part of the constitution where it says how to make a free and fare election all around the country. Constitution is the moral value of the country where the government should follow the rule and regulation of the constitution. That’s when good governance creates within a country to build for a better country.


It is the duty of every citizen to observe the constitution and the laws to maintain discipline in society as well as in working place. It will eventually create a positive movement in the society. As a citizen whether it will be president or a normal citizen if each of them do their duty under the laws and rules condition the corruption level of our country will be decreased in a significant number. Such practice will eventually reduce the corruption level increase the productivity of the country and we will be able to form a good governance under a good constitution.


  • (Source G.W. Choudhury (1974) The last days of United Pakistan p128-129)
  • (Source G.W. Choudhury (1974) The last days of United Pakistan p128-129)
  • Constitution of Bangladesh: Part II: Fundamental Principles of State Policy”. Chief Adviser’s Office. Prime Minister’s Office. Government of the People’s Republic of Bangladesh.
  • Entick v. Carrington (1765) 19 Howell’s State Trials 1030
  • “Entick v. Carrington”. 19 Howell’s State Trials 1029 (1765). USA: Constitution Society. Retrieved 2008-11-13.
  • Chapter 9, Line 124, John Locke, Second Treatise on Government (1690)


LAW 200


Barrister A.M. Masum (Amu)


North South University


ID: 072538030


1st December, 2010

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[1] Scott Gordon, a political organization is constitutional to the extent that it “contains institutionalized mechanisms of power control for the protection of the interests and liberties of the citizenry, including those that may be in the minority.”

[2] “The basic principles and laws of a nation, state, or social group that determine the powers and duties of the government and guarantee certain rights to the people in it.”

[3] This section defines the nature of the country, its state religion and other national issues. According to it, Peoples Republic of Bangladesh is a unitary republic consisting of the territories of the former East Pakistan and also included territories (some enclaves exchanged with India). The state religion is Islam, but all other religions can be practised in peace and harmony. The state language is Bangla and the national anthem is the first ten line of the song Amar Sonar Bangla written by Rabindranath Tagore. The national flag is a red circle on a green background. The national emblem is the national flower Shapla (nympoea-nouchali) resting on water, having on each side and ear of paddy and being surmounted by three connected leaves of jute with two stars on each side of the leaves. This section also mandates that the portrait of prime minister must be displayed in all government, semi-government and autonomous offices. The capital of the country is Dhaka. The citizens are to be known as Bangladeshis.

[4] Part II’s article 9, 10, and 11 declares the rights of the people. Article 9 provides guidelines for quotas for the underrepresented communities, women, and peasants. Article 10 states the equal rights of women. Article 11 states that Bangladesh would be a democracy, with guaranteed human rights. Article 13, 14, 15, and 16 deal with principal of ownership, emancipation of workers and peasants, provision of basic necessities, and rural development. Article 17 states that the basic education will be free and compulsory for all children. The remaining articles (18-25) provide various guarantees for public health and morality, equality of opportunity, work as a right and duty, duties of citizens and of public servants, separation of Judiciary from the executive, national culture, national monuments, and promotion of international peace, security and solidarity, respectively.

[5] (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. (3) Nothing in this article shall apply to any amendment of this Constitution made under article 142

(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.

[6] Article 48. The President.  (1) There shall be a President of Bangladesh who shall be elected by members of Parliament in accordance with law. (2) The President shall as Head of State, take precedence over all other persons in the State, and shall exercise the powers and perform the duties conferred and imposed on him by this Constitution and by any other law.(3) In the exercise of all his functions, save only that of appointing the Prime Minister pursuant to clause (3) of article 56 and the Chief Justice pursuant to clause (1) of article 95, the President shall act in accordance with the advice of the Prime Minister; Provided that the question whether any, and if so what, advice has been tendered by the Prime Minister to the President shall not be enquired into in any court.

Article 55. The Cabinet. (1) There shall be a Cabinet for Bangladesh having the Prime Minister at its head and comprising also such other Minister as the Prime Minister may from time to time designate.  (2) The executive power of the Republic shall, in accordance with this Constitution, be exercised by or on the authority of the Prime Minister. (3) The Cabinet shall be collectively responsible to Parliament. (4) All executive actions of the Government shall be expressed to be taken in the name of the President. (5) The President shall by rules specify the manner in which orders and other instruments made in his name shall be attested of authenticated, and the validity or any order of instrument so attested or authenticated shall not be questioned in any court on the ground that it was not duly made or executed. (6) The President shall make rules for the allocation and transaction of the business of the Government.

[7]Article 74.  Speaker and Deputy Speaker   (1) Parliament shall at the first sitting after any general election elect from among its members a Speaker and a deputy Speaker, and if either office becomes vacant shall within seven days or, if Parliament is not then sitting, at its first meeting thereafter, elect one of its members to fill the vacancy.  (2) The Speaker or Deputy Speaker shall vacate his office- (a) if he ceases to be a member of Parliament;  (b) if he becomes a Minister;  (c) if Parliament passes a resolution (after not less than fourteen days, notice has been given of the intention to move the resolution) supported by the votes of a majority of all the members thereof, requiring his removal from office; (d) if he resigns his office by writing under his hand delivered to the President;  (e) if after a general election another member enters upon that office; or  (f) in the case of the Deputy Speaker, if he enters upon the office of Speaker.

[8] (3) In this articles, “Supreme Court” includes ‘a Court which at any time before the commencement of the Second Proclamation (Tenth Amendment) Order, 1977, exercised jurisdiction as a High Court or Supreme Court in the territory now forming part of Bangladesh.

[9] 98.     Additional Supreme Court Judges  Notwithstanding the provisions of article 94, if the President is satisfied that the number of the Judge of a division of the Supreme Court should be for the time being increased, the President may appoint one or more duly qualified person to be Additional Judges of that division for such period not exceeding two years as he may specify, or, if he thinks fit, may require a Judge of the High Court Division to sit in the Appellate Division for any temporary period as an ad hoc Judge and such Judge while so sitting shall exercise the same jurisdiction, powers and functions as a Judge of the Appellate Division

[10] 117.     Administrative tribunals (1) Notwithstanding anything hereinbefore contained, Parliament may be law establish one or more administrative tribunals to exercise jurisdiction in respect of matter relating to or arising out of-(a) the terms and conditions of persons in the service of the Republic, including the matters provided for in Part IX and the award of penalties or punishment; (b) the acquisition, administration, management and disposal of any property vested in or managed by the Government by or under any law, including the operation and management of, and service in any nationalised enterprise or statutory public authority;  (c) any law to which clause (3) of article 102 applies

[11] First Amendment Act The Constitution (First Amendment) Act 1973 was passed on 15 July 1973. It amended Article 47 of the constitution by inserting an additional clause which allowed prosecution and punishment of any person accused of ‘genocide, crimes against humanity or war crimes and other crimes under international law’. After Article 47 it inserted a new Article 47A specifying inapplicability of certain fundamental rights in those cases.

Second Amendment Act The Constitution (Second Amendment) Act 1973 was passed on 22 September 1973. This act resulted in the (i) amendment of Articles 26, 63, 72 and 142 of the constitution; (ii) substitution of Article 33 and (iii) the insertion of a new part ie IXA in the constitution. Provisions were made through this amendment for the suspension of some fundamental rights of citizens in an emergency.

Third Amendment Act The Constitution (Third Amendment) Act 1974 was enacted on 28 November 1974 by bringing in changes in Article 2 of the constitution with a view to giving effect to an agreement between Bangladesh and India in respect of exchange of certain enclaves and fixation of boundary lines between India and Bangladesh .

Fourth Amendment Act The Constitution (Fourth Amendment) Act 1975 was passed on 25 January 1975. Major changes were brought into the constitution by this amendment. The presidential form of government was introduced in place of the parliamentary system; a one-party system in place of a multi-party system was introduced; the powers of the jatiya sangsad were curtailed; the Judiciary lost much of its independence; the supreme court was deprived of its jurisdiction over the protection and enforcement of fundamental rights. This Act (i) amended articles 11, 66, 67, 72, 74, 76, 80, 88, 95, 98, 109, 116, 117, 119, 122, 123, 141A, 147 and 148 of the constitution; (ii) substituted Articles 44, 70, 102, 115 and 124 of the constitution; (iii) amended part III of the constitution out of existence; (iv) altered the Third and Fourth Schedule; (v) extended the term of the first Jatiya Sangsad; (vi) made special provisions relating to the office of the president and its incumbent; (vii) inserted a new part, ie part VIA in the constitution and (viii) inserted articles 73A and 116A in the constitution.

Fifth Amendment Act This Amendment Act was passed by the Jatiya Sangsad on 6 April 1979. This Act amended the Fourth Schedule to the constitution by adding a new paragraph 18 thereto, which provided that all amendments, additions, modifications, substitutions and omissions made in the constitution during the period between 15 August 1975 and 9 April 1979 (both days inclusive) by any Proclamation or Proclamation Order of the Martial Law Authorities had been validly made and would not be called in question in or before any court or tribunal or authority on any ground whatsoever.

[12] Manzoor Hasan Sunday, October 31, 2010 daily star” Given the dynamic nature of our society, it has gone through a number of changes, as has been the case with many such documents, and it is also expected that it will go through further refinement in the future, with the betterment of people’s welfare in mind. But in the final analysis, what is important is that the Constitution would bring about within our society a balance between change and stability, tolerance and competition, opportunity and meritocracy”