Preamble of bangladesh

Preamble: Preamble is the introductory statement that sets out the guiding purpose and principles of the constitution. Preamble is defined in Black’s law Dictionary as “a clause at the u beginning of a constitution or statute explanatory of the reasons for its enactment and the objects sought to be accomplished.” Per Subba Rao C.J in Golaknath V. State of Punjab, (AIR 1967 SC 1643) defines ‘Preamble’ as “ an introductory paragraph or part in a statute or other document setting forth the grounds and intentions of it.” Again, in Kesavananda Bharati vs. State of Kerala , it was held that “preamble sets out the main objectives which legislation is intended to achieve. It is a key to the intention of the maker of the Act.” The US Constitution adopted in 1787 contained Preamble for the first time. Afterwards, most of the new countries with written constitution have adopted s preamble to their constitutions. Like most of the modern written constitutions, the Constitution of Bangladesh embodies a preamble. The Preamble of Bangladesh Constitution contains the fundamental values and the philosophy, on which the Constitution is based. It also sets the aims and objectives of the Constitution which the founding members of the Constitution enjoined the polity to strive to achieve. Significance of Preamble: Professor K. C. Where in his modern constitution outlines that “The Preamble to the Constitution is not only permissible but also desirable” The preamble to a Constitution serves the ...

Written By: 21/08/2013 23:34 Bangladesh became independent on 16 December 1971. After being released from the jail of Pakistan on 8 January 1972, Sheikh Mujibur Rahman returned via London to independent Bangladesh on 10 January 1972. The following day on 11 March 1972, in his capacity as the President of newly independent Peoples’ Republic of Bangladesh, issued the Provisional Constitution of Bangladesh Order 1972. Subsequently on 23 March 1972 the Constituent Assembly of Bangladesh Order was promulgated as envisaged in the Provisional Constitution of Bangladesh Order 1972. This Order provided for parliamentary form of government [Preamble of the Order] and constituted the Constituent Assembly [Clause 7 of the Order] with the Members of National Assembly (MNAs) and East Pakistan Provincial Assembly (MPAs) who were elected, under the Legal Framework of President Yahiya Khan’s martial law, by the people of East Pakistan in December 1970 and January 1971 for giving the newly independent country a secular democratic Constitution. It should be noted that the first written document, Proclamation of Independence [which is considered as the first interim Constitution] declared and adopted on 10 April 1971 giving retrospective effect from 26 March 1971, provided for presidential system of government. It affirmed and resolved that “Sheikh Mujibur Rahman shall be the President of the Republic.” It says, inter alia, “The President shall be the Supreme Commander of the Republic, shall ...

In the name of Allah, the Beneficient, the Merciful We, the people of Bangladesh, having proclaimed our independence on the 26th day of March, 1971 and through a historic struggle for national liberation, established the independent, sovereign People's Republic of Bangladesh; Pledging that the high ideals of nationalism, socialism, democracy and secularism, which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in, the national liberation struggle, shall be the fundamental principles of the Constitution; Further pledging that it shall be a fundamental aim of the State to realise through the democratic process a socialist society, free from exploitation a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens; Affirming that it is our sacred duty to safeguard, protect and defend this Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh so that we may prosper in freedom and may make our full contribution towards international peace and co operation in keeping with the progressive aspirations of mankind; In our Constituent Assembly, this eighteenth day of Kartick, 1379 B.S., corresponding to the twenty-sixth of Ramadan, 1392 A.H. or fourth day of November, 1972 A.D., do hereby adopt, enact and give to ourselves this Constitution.

The preamble of Bangladesh Constitution reads as “We, the people of Bangladesh, having proclaimed our independence on the 26th day of March, 1971 and through a historic struggle for national liberation, established the independent, sovereign People’s Republic of Bangladesh.” The spirit of our Constitution derives from our historic “struggle for national liberation.” Therefore, the terms “historic struggle” and “national liberation” demands a clear understanding to realise the said constitutional spirit. The preamble to the Constitution of Bangladesh is the introductory statement that sets out the guiding purpose and principles of the document. The preamble is not an integral part of the constitution in the sense that it is enforceable in a court of law. Understanding the preamble to the Bangladesh Constitution is important because it sets out the purposes or functions of government as envisioned by the framers. In the Preamble of Bangladesh Constitution function of the government is described, and the function should be done by the citizens in order to make a “more perfect democratic and socialist country” is also describe . History of Preamble The US Constitution adopted in 1787 for the first time contained a Preamble and thenceforth most of the new countries with written constitution are adopting a preamble to their constitutions. The Constitution of Bangladesh with a elaborate Preamble was written and finally accepted on the 4th November, 1972 for conducting the state. ...