7/25/2019 The Place of Rule of Law in the Constitution of Bangladesh

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The place of rule of law in the Constitution of Bangladesh

In fact, the term rule of law is well placed in the Constitution of Bangladesh. Its Preamble statesthe rule of law as one of the objectives to be attained. The Preamble, inter alia, sas !....it shall

be a fundamental aim of the "tate to reali#e through the democratic process a socialist societ,

free from e$ploitation % a societ in which the rule of law, fundamental human rights andfreedom, e&ualit and justice, political, economic and social, will be secured for all citi#ens.'

In accordance with the above pledge, the following positive provisions for rule of law have beenincorporated in the Constitution(

)irstl( *rticle + guarantees that all citi#ens are e&ual before law and are entitled to e&ual

protection of law. *rticle +, therefore, forbids discrimination in law or in "tate actions.

"econdl( *rticle - guarantees that to enjo the protection of the law, and to be treated in

accordance with law, and onl in accordance with law, is the inalienable right of ever citi#en,

wherever he ma be, and of ever other person for the time being within Bangladesh, and in

particular no action detrimental to the life, libert, bod, reputation or propert of an personshall be ta/en e$cept in accordance with law. *rticle - imports the concept of due process, both

substantive and procedural, and thus prohibits arbitrar or unreasonable law and "tate action.

Thirdl( around 0 fundamental rights have been guaranteed in Part III of the Constitution and

constitutional arrangement for their effective enforcement has been ensured in *rticle 11 2right to

move to the 3igh Court4 and 5+ 2power of the 3igh Court to ta/e appropriate action upon

application4.

)ourthl( *rticle and +6 impose limitation on Parliament that no law which is inconsistent withan provision of the Constitution can be passed. *rticle 2+4 confirms that if an other law is

inconsistent with the Constitution that other law shall, to the e$tent of the consistenc, be void.

)ifthl( In accordance with *rticle , +6 and 5+2+4 of the Constitution, the "upreme Courte$ercises the power of judicial review whereb it can e$amine the e$tent and legalit of the

actions of both the e$ecutive and legislature and can declare an of their actions void if the go

beond their limit.

"i$thl( the peoples right to be governed b a representative bod answerable to them has,directl and indirectl, been ensured under *rticle 24 7all power belong to the people, *rticle

2The 8epublic shall be a democrac where, among others, fundamental human rights shall be

guaranteed4, *rticle 99 2Cabinet4, *rticle 96 2:inisters4, 9 2tenure of the office of the Prime:inister4, and *rticle 692+4 7composition of Parliament; of the Constitution.

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