The Constitution of the People's Republic of Bangladesh was adopted and enacted on 4 November 1972, after the victory of the independent country on 16 December 1971. the Constitution has been amended 17 times. Amending the Constitution of Bangladesh is the process of making changes to the nation's fundamental law or supreme law.
Amendments
First amendment
Passed on 15 July 1973, the first amended was made to the Article 47 of the constitution. The amendment inserted an additional clause, Article 47 that allowed punishment and prosecution of war criminals under international law. A new Article 47A was also added, which specified that certain fundamental rights will be inapplicable in those cases.
Second amendment
Second amendment of the constitution was passed on 22 September 1973 that suspended some of the fundamental rights of the citizens during a state of emergency. The act made following changes to the constitution:
Amended articles 26, 63, 72 and 142.
Substituted Article 33.
Inserted a new Part IXA to the constitution.
Third amendment
Third Amendment was passed on 28 November 1974 that brought changes in Article 2 of the constitution. An agreement was made between Bangladesh and India in respect of exchange of certain enclaves and fixation of boundary lines between the countries.
Fourth amendment
The amendment was passed on 25 January 1975.
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
Substituted Articles 44, 70, 102, 115 and 124 of the constitution
Amended part III of the constitution out of existence
Altered the Third and Fourth Schedule
Extended the term of the first Jatiya Sangsad
Inserted a new part, VIA in the constitution and
Inserted new articles 73A and 116A in the constitution.
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.
Fifth Amendment
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 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.
Sixth Amendment
This Amendment Act was passed 10 July 1981. The Sixth Amendment Act was enacted by the Jatiya Sangsad with a view to amending Articles 51 and 66 of the 1981 constitution.
Seventh Amendment
The Seventh Amendment Act was passed on 11 November 1986. It amended Article 96 of the constitution; it also amended the Fourth Schedule to the constitution by inserting a new paragraph 19 thereto, providing among others that all proclamations, proclamation orders, Chief Martial Law Administrator's Orders, Martial Law Regulations, Martial Law Orders, Martial Law Instructions, ordinances and other laws made during the period between 24 March 1982 and 11 November 1986 had been validly made, and would not be called in question in or before any court or tribunal or authority on any ground whatsoever. In summary, the amendment protected Hussain Muhammad Ershad and his regime from prosecution for actions taken under the years of military rule, following the 1982 coup d'état until the 1986 presidential election.
Eighth Amendment
This Amendment Act was passed 9 June 1988. The Constitution Act, 1988 declared, among others, that Islam shall be state religion and also decentralised the judiciary by setting up six permanent benches of the High Court Division outside Dhaka.
Ninth Amendment
This Amendment Act was passed 10 July 1989.
Twelfth Amendment
The Twelfth Amendment Act was passed on 6 August 1991, following a constitutional referendum. It amended Articles 48, 55, 56, 57, 58, 59, 60, 70, 72, 109, 119, 124, 141A and 142, restoring executive powers to the Prime Minister's Office, as per the original 1972 constitution, but which had been held by the President's Office since 1974. Instead, the President became the constitutional head of the state; the Prime Minister became the executive head; the cabinet headed by the Prime Minister became responsible to the Jatiya Sangsad; the post of the Vice President was abolished and the President was required to be elected by the members of the Jatiya Sangsad. Moreover, through Article 59 of the Constitution this Act ensured the participation of the people's representatives in local government bodies.
Thirteenth Amendment
The Constitution Act, 1996 introduced a non-party Caretaker Government system which, acting as an interim government, would give all possible aid and assistance to the Election Commission for holding the general election. It was declared illegal in 10 May 2011 by Appellate Division of Supreme Court. Though High Court declared it legal previously in 4 August 2004.
The Fifteenth Amendment was passed on 30 June 2011 made some significant changes to the constitution. The amendment scrapped the system of Caretaker Government of Bangladesh. It also made following changes to the constitution:
Increased number of women reserve seats to 50 from existing 45.
After the article 7 it inserted articles 7 and 7 in a bid to end take over of power through extra-constitutional means.
16th amendment of the constitution was passed by the parliament on September 17, 2014 which gave power to the Jatiyo Shangshad to remove judges if allegations of incapability or misconduct against them are proved. On 5 May 2016, the Supreme Court of Bangladesh declared the 16th Amendment illegal and contradictory to the Constitution.
Seventeen Amendment
17th amendment of the constitution was passed by the parliament 8 July 2018 increases the tenure of 50 lawmakers who are elected in the women reserved seat to 25 years.
