Constitution-Making in Bangladesh

Abstract

BANGLADESH, which emerged as an independent state in December I97I, after having witnessed one of most brutal blood-baths in modern history,' gave herself a full-fledged constitution November 4, Ig72, only 325 days after her liberation. On December 22, I97I, seat of government had been transferred from Mujibnagar to Dacca, but at that time, Sheikh Mujibur Rahman, leader of Bengali nationalist movement who was declared President of Revolutionary Government of was still held in a Pakistan prison. When news of his release came people rejoiced, but at same time many wondered about pattern of their future government, particularly relations between president, cabinet and parliament. The people of had struggled long for a parliamentary democracy with president as a nominal head, and with real powers vested in a cabinet collectively responsible to legislature. Would Sheikh Mujib continue as President? If, so, what would happen to Parliamentary Government? In I947, Mohammad Ali Jinnah preferred place of Governor-General of Pakistan to that of Prime Minister. Would Pakistani history be repeated in Bangladesh? All these fears proved illusory, when January ii, i972, Sheikh Mujibur Rahman, as President, promulgated Provisional Constitution Order. Whereas, it is manifest aspiration of people of that a parliamentary democracy shall function in Bangladesh (Preamble), Order provided that: there shall be a cabinet of ministers with Prime at head (Art. 5); the President shall, in exercise of his functions, act in accordance with advice of Prime Minister (Arts. 6); the President shall commission as Prime a member of Constituent Assembly, who commands confidence of members of Constituent Assembly (Art. 7); and all ministers shall be appointed by President on advice of Prime Minister (Art. 7). The new Order altered fundamentals of Revolutionary Government in which all executive and legislative powers had been vested in President,2 thus