“A CRITICAL ANALYSIS OF THE AMENDMENT PROCEDURE OF BANGLADESH CONSTITUTION: PROBLEMS AND RECOMMENDATIONS”

Abstract

A constitution is a system of basic laws and principles for the Government of a nation. It differs from a ordinary statute or law in that a statute must provide, at least to a certain degree, the details of the subject it treats, whereas a constitution usually gives the general principles, frame-work of the law and government. Permanence and generality are the main characteristics of most of the constitutions. As a rule and practice, a constitution does not deal in detail but enunciates the general principles and directions. It is not practicable for a written constitution to specify, in detail, all its aims, objects and purposes or the means by which they are to be applied.

If the method of amendment were too easy, there would be the danger of too hasty action all the time. In either case there would be a danger of the over throw of our political institutions. Hence, the purpose for providing for the amendment of the constitution is to make it possible gradually to change the constitution in an orderly fashion as the changes in social conditions make it necessary to change the fundamental law to correspond with such social change.

The Constitution of the Bangladesh was made a long time ago, and since the time it was written, there have been many changes to our society. Although the necessary and proper clause gives, the government has applied powers and the rights to take actions that are necessary "stretching" the words of the Constitution, there are some necessities that list today which are not even referred to in the Constitution. Thus, amendments make the government able, with the proper process, to make necessary changes to the Constitution.

The Constitution is not set in stone. It is a living document. It must serve its purpose. It has to march with the needs of the time. There are times when it is necessary to amend the Constitution and it is a serious matter. That is why special provision is incorporated in the constitution laying down the procedure of amending the constitution. Since the Constitution reflects the will of the people and not the will of the government alone, it is imperative that a national consensus is arrived at with the opposition members of Parliament on issues that need amendments in the light of the changed situation of the day.

TABLE OF CONTENTS

DESCRIPTION	Page No.
Chapter: One Introduction
1.1: Introduction		01
1.2: Discussion about topic		01
1.3: Importance of the matter		02
1.4: Research objective		03
1.5: Research methodology		03
1.6: Limitation of the research		03
Chapter: Two Definition and discussion
2.1: Introduction		04
2.2: Definition of constitution		04
2.3: Origin and growth of Constitution		06
2.4: Classification of the constitution		08
2.5; Definition of amend or amendment		11
2.6; amendment of constitution		12
Chapter: Three Provision of the Amendment of Constitution
3.1) Amending process of the Constitution		13
3.2) Discussion about article 142(1A) of the Constitution of Bangladesh		14
3.3) Necessity of amendment of provisions		18
Chapter: Four, Limitation of amendment of constitution
4.1: Limitations of power of the Parliament on Constitutional amendment		19
4.2: Implied limitation on power to the amendment o f constitution		21
4.3: Amendment made through referendum		23
Chapter: Five, Constitution amendment merits and demerits
The Constitution (Fourteenth Amendment) Bill, 2004: Merits and demerits		27-33
Chapter: Six Doctrine of basic structure of constitution
6.1) Doctrine of basic structure of the constitution		34
6.2) Delimitation of Basic Structures		39
6.3) Independence of judiciary is a part of the basic structure		41
Chapter: Seven, Problems of doctrine of basic structure
7.1) Philosophy Underlying the Doctrine of Basic Structure		42
7.2) Types of Doctrine of Basic Structure		43
7.3) Problems of the Doctrine of Basic Structure		45
Chapter:  Eight,  Conclusion
8.1) Recommendation		49
8.2) Conclusion		50
Bibliography		52-54