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The Constitution (Fourth Amendment) Act 1975 was passed on 25 January 1975. The Awami League (AL) Government amended the Constitution (through Fourth Amendment) to control the immense political and economic crises in the country. Though they declared this act was for the short term only, it created a deep negative impact on the leadership of Sheikh Mujibur Rahman and his party. Major changes were brought into the Constitution by this amendment. 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, i.e. part VIA in the Constitution and (viii) inserted Articles 73A and 116A in the Constitution. Major fundamental changes were brought into the Constitution by this amendment. These were: 1) The so called presidential form of government was introduced in place of the parliamentary system. 2) A one-party system in place of the multi-party system was introduced. 3) The powers ofJatiya Sangsad (National Assembly - Parliament) were curtailed 4) The Judiciary lost much of its independence; the Supreme Court was deprived of its jurisdiction over the protection and enforcement of fundamental rights. .5) Supreme Court was deprived of its jurisdiction over the protection and enforcement of fundamental rights. 6) The Fourth Amendment buried the whole concept of local government. Local government is one of the most important institutions in a democracy.

POL101 DCY the Constitution

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Constitution of Bangladesh

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Page 1: POL101 DCY the Constitution

The Constitution (Fourth Amendment) Act 1975 was passed on 25 January 1975. The Awami League (AL) Government amended the Constitution (through Fourth Amendment) to control the immense political and economic crises in the country.  Though they declared this act was for the short term only, it created a deep negative impact on the leadership of Sheikh Mujibur Rahman and his party.  Major changes were brought into the Constitution by this amendment.  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, i.e. part VIA in the Constitution and (viii) inserted Articles 73A and 116A in the Constitution. Major fundamental changes were brought into the Constitution by this amendment.  These were: 1) The so called presidential form of government was introduced in place of the parliamentary system.

2) A one-party system in place of the multi-party system was introduced.

3) The powers ofJatiya Sangsad (National Assembly - Parliament) were curtailed 

4) The Judiciary lost much of its independence; the Supreme Court was deprived of its jurisdiction over the protection and enforcement of fundamental rights.

.5) Supreme Court was deprived of its jurisdiction over the protection and enforcement of fundamental rights.

6) The Fourth Amendment buried the whole concept of local government. Local government is one of the most important institutions in a democracy.

7) The Fourth Amendment was a direct attack on the press freedom.

Conclusion

The Fourth Amendment has been the most debatable amendment in the constitutional history of Bangladesh, for it altered and virtually destroyed all basic and essential features of Constitution.  The AL-government introduced one national party through this amendment. This amendment turned Parliament into a useless forum.  Any reference to the Fourth Amendment puts AL leadership in a defensive mode.  According to Mahmudul Islam, an eminent jurist and former Attorney General of Bangladesh, January 1975 the Constitution (Fourth Amendment) Act 1975, was passed transforming the Constitution beyond any resemblance with the (Constitutional Law of Bangladesh).  He further said the system introduced was a mishmash of parliamentary and presidential form and the upshot was that the President emerged as the all-powerful