Legal Advisor
“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”.
Introduction: We, the people of Bangladesh, having proclaimed our Independence on the 26th day of March, 1971 and through 2[a historic war for national independence], established the independent, sovereign People’s Republic of Bangladesh;
Pledging that the high ideals of absolute trust and faith in the Almighty Allah, nationalism, democracy and socialism meaning economic and social justice, which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in the war for national independence, shall be fundamental principles of the Constitution;
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.
The Republic. Bangladesh is a unitary, independent, sovereign Republic to be known as the People’s Republic of Bangladesh.
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.”
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]
Fundamental Duties
Fundamental duties are the constitutional obligations imposed on every citizen of India. Fundamental duties are incorporated in the constitution in 1976 after certain changes. Its principal objective is to stimulate sense of patriotism, awareness, towards some noble ideals and values, making every citizen accountable to uplift the nation. It is the duty of every citizen to contribute towards defending national sovereignty and integrity and contribute towards maintaining unity and harmony of the nation. The following duties are incorporated in the fundamental duties.
(1) To abide by and respect the constitution, national flag and national
anthem.
(2) To cherish and follow the Nobel ideas of our national freedom struggle
(3)To uphold and protect sovereignty, unity and integrity of India
(4)To defend the country and render national service when required
(5)To promote common brotherhood of all people in India and renounce
practices derogatory to the dignity of women
(6)To value and preserve the rich heritage of the nations composite
Character
(7)To protect and improve national environment have compassion for
living creatures
(8)To develop scientific temper, humanism and spiriti of inquiry
(9)To safeguard public property and abjure violence
(10) To strive towards excellence in all spheres of individual and collective activities so that the nation constantly rises to higher levels of endeavor and achievement.
Restriction of human and minority rights of Estonia
Human and minority rights guaranteed by the Constitution may be restricted by the law if the Constitution permits such restriction and for the purpose allowed by the Constitution, to the extent necessary to meet the constitutional purpose of restriction in a democratic society and without encroaching upon the substance of the relevant guaranteed right.
Attained level of human and minority rights may not be lowered.
When restricting human and minority rights, all state bodies, particularly the courts, shall be obliged to consider the substance of the restricted right, pertinence of restriction, nature and extent of restriction, relation of restriction and its purpose and possibility to achieve the purpose of the restriction with less restrictive means
§1. Every child of whose parents one is an Estonian citizen has the right to Estonian citizenship by birth.
Everyone who has lost his or her Estonian citizenship as a minor has the right to its restoration.
No one shall be deprived of Estonian citizenship acquired by birth.
No one shall be deprived of Estonian citizenship because of his or her beliefs.
The conditions and procedures for the acquisition, loss and restoration of Estonian citizenship shall be provided by the Citizenship Act.
§ 2. The rights, freedoms and duties of each and every person, as set out in the Constitution, shall be equal for Estonian citizens and for citizens of foreign states and stateless persons in Estonia.
§ 3. The rights, freedoms and duties set out in this Chapter shall not preclude other rights, freedoms and duties which arise from the spirit of the Constitution or are in accordance therewith, and conform to the principles of human dignity and of a state based on social justice, democracy, and the rule of law.
§ 4. Rights and freedoms may be restricted only in accordance with the Constitution. Such restrictions must be necessary in a democratic society and shall not distort the nature of the rights and freedoms restricted.
§ 5. Everyone is equal before the law. No one shall be discriminated against on the basis of nationality, race, colour, sex, language, origin, religion, political or other opinion, property or social status, or on other grounds.
§ 7. Everyone has the right to the protection of the state and of the law. The Estonian state shall also protect its citizens abroad.
The law shall protect everyone from the arbitrary exercise of state authority.
§ 8. The guarantee of rights and freedoms is the duty of the legislative, executive and judicial powers, and of local governments.
§ 9. Everyone whose rights and freedoms are violated has the right of recourse to the courts. Everyone has the r-ght, while his or her case is before the court, to petition for any relevant law, other legislation or procedure to be declared unconstitutional.
§ 10. Everyone has the right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his or her life.
§ 12. No one shall be subjected to torture or to cruel or degrading treatment or punishment.
§ 13. Everyone has the right to free self-realisation.
§ 14. Everyone has the right to liberty and security of person.
No one shall be deprived of his or her liberty except in the cases and pursuant to procedure provided by law:
1) to execute a conviction or detention ordered by a court;
2) in the case of non-compliance with a court order or to ensure the fulfilment of a duty provided by law;
3) to prevent a criminal or administrative offence, to bring a person who is reasonably suspected of such an offence before a competent state authority, or to prevent his or her escape;
4) to place a minor under disciplinary supervision or to bring him or her before a competent state authority to determine whether to impose such supervision;
5) to detain a person suffering from an infectious disease, a person of unsound mind, an alcoholic or a drug addict, if such person is dangerous to himself or herself or to others;
6) to prevent illegal settlement in Estonia and to expel a person from Estonia or to extradite a person to a foreign state.
No one shall be deprived of his or her liberty merely on the ground of inability to fulfil a contractual obligation.
§ 15. Everyone who is deprived of his or her liberty shall be informed promptly, in a language and manner which he or she understands, of the reason for the deprivation of liberty and of his or her rights, and shall be given the opportunity to notify those closest to him or her. A person suspected of a criminal offence shall also be promptly given the opportunity to choose and confer with counsel. The right of a person suspected of a criminal offence to notify those closest to him or her of the deprivation of liberty may be restricted only in the cases and pursuant to procedure provided by law to prevent a criminal offence or in the interests of ascertaining the truth in a criminal proceeding.
No one shall be held in custody for more than forty-eight hours without the specific authorisation of a court. The decision of the court shall be promptly communicated to the person in custody in a language and manner which he or she understands.
§ 17. No one shall be presumed guilty of a criminal offence until a conviction by a court against him or her enters into force.
No one has the duty to prove his or her innocence in a criminal proceeding.
No one shall be compelled to testify against himself or herself, or against those closest to him or her.
§ 18. No one shall be convicted of an act which did not constitute a criminal offence under the law in force at the time the act was committed.
No one shall have a more severe punishment imposed on him or her than the one that was applicable at the time the offence was committed. If, subsequent to the commission of an offence, the law provides for a lesser punishment, the lesser punishment shall apply.
No one shall be tried or punished again for an act of which he or she has been finally convicted or acquitted pursuant to law.
§ 19. No one shall be transferred, against his or her free will, from the jurisdiction of the court specified by law to the jurisdiction of another court.
Everyone has the right to be tried in his or her presence.
Court sessions shall be public. A court may, in the cases and pursuant to procedure provided by law, declare that a session or a part thereof be held in camera to protect a state or business secret, morals or the private and family life of a person, or where the interests of a minor, a victim, or justice so require.
Judgment shall be pronounced publicly, except in cases where the interests of a minor, a spouse, or a victim require otherwise.
Everyone has the right of appeal to a higher court against the judgment in his or her case pursuant to procedure provided by law.
§ 20. Everyone has the right to compensation for moral and material damage caused by the unlawful action of any person.
§ 21. Everyone has the right to the inviolability of private and family life. State agencies, local governments, and their officials shall not interfere with the private or family life of any person, except in the cases and pursuant to procedure provided by law to protect health, morals, public order, or the rights and freedoms of others, to prevent a criminal offence, or to apprehend a criminal offender.
§ 22. The family, being fundamental to the preservation and growth of the nation and as the basis of society shall be protected by the state.
Spouses have equal rights.
Parents have the right and the duty to raise and care for their children.
The protection of parents and children shall be provided by law.
The family has a duty to care for its needy members.
§ 23. Everyone has the right to the protection of health.
An Estonian citizen has the right to state assistance in the case of old age, inability to work, loss of a provider, or need. The categories and extent of assistance, and the conditions and procedure for the receipt of assistance shall be provided by law. Citizens of foreign states and stateless persons who are in Estonia have this right equally with Estonian citizens, unless otherwise provided by law.
The state shall promote voluntary and local government welfare services.
Families with many children and persons with disabilities shall be under the special care of the state and local governments.
§ 24. An Estonian citizen has the right to freely choose his or her sphere of activity, profession and place of work. Conditions and procedure for the exercise of this right may be provided by law. Citizens of foreign states and stateless persons who are in Estonia have this right equally with Estonian citizens, unless otherwise provided by law.
No one shall be compelled to perform work or service against his or her free will, except service in the Defense Forces or alternative service, work to prevent the spread of an infectious disease, work in the case of a natural disaster or a catastrophe, and work which a convict must perform on the basis of and pursuant to procedure established by law.
The state shall organize vocational training and shall assist persons who seek employment in finding work.
Working conditions shall be under state supervision.
Everyone may freely belong to associations and unions of employees and employers. Associations and unions of employees and employers may uphold their rights and lawful interests by means which are not prohibited by law. The conditions and procedure for the exercise of the right to strike shall be provided by law.
The procedure for the settlement of labour disputes shall be provided by law.
§ 25. Offices in state agencies and local governments shall be filled by Estonian citizens, on the basis of and pursuant to procedure established by law. These offices may, as an exception, be filled by citizens of foreign states or stateless persons, in accordance with law.
The right of some categories of civil servants to engage in enterprise and to form commercial associations (§ 31), as well as the right to belong to political parties and some types of non-profit associations (§ 48) may be restricted by law.
§ 26. Estonian citizens have the right to engage in enterprise and to form commercial undertakings and unions. Conditions and procedure for the exercise of this right may be provided by law. Citizens of foreign states and stateless persons who are in Estonia have this right equally with Estonian citizens, unless otherwise provided by law.
§ 27. The property of every person is inviolable and equally protected. Property may be expropriated without the consent of the owner only in the public interest, in the cases and pursuant to procedure provided by law, and for fair and immediate compensation. Everyone whose property is expropriated without his or her consent has the right of recourse to the courts and to contest the expropriation, the compensation, or the amount thereof.
Everyone has the right to freely possess, use, and dispose of his or her property. Restrictions shall be provided by law. Property shall not be used contrary to the public interest.
Classes of property which, in the public interest, may be acquired in Estonia only by Estonian citizens, some categories of legal persons, local governments, or the Estonian state may be provided by law.
The right of succession is guaranteed.
§ 28. The home is inviolable. No one’s dwelling, real or personal property under his or her control, or place of employment shall be forcibly entered or searched, except in the cases and pursuant to procedure provided by law, to protect public order, health or the rights and freedoms of others, to prevent a criminal offence, to apprehend a criminal offender, or to ascertain the truth in a criminal proceeding.
§ 29. Everyone who is legally in Estonia has the right to freedom of movement and to choice of residence. The right to freedom of movement may be restricted in the cases and pursuant to procedure provided by law to protect the rights and freedoms of others, in the interests of national defence, in the case of a natural disaster or a catastrophe, to prevent the spread of an infectious disease, to protect the natural environment, to prevent the leaving of a minor or a person of unsound mind without supervision, or to ensure the administration of a criminal proceeding.
Conclusion:
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.
Correspondence
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