Like other countries, in Bangladesh it has a government with three of its branches namely, Executive, Legislature and Judicial system. Bangladesh is a unitary State, under the meaning of Article 1 of the Constitution of the Peoples Republic of Bangladesh. Apart from rest three others, one of the most important thing for a country is the Government of a country. In view of 1933 Montevideo Convention, a state forms with four basic things i.e: people, land, government and capacity to enter onto a relationship with other states.
The importance of this study is examining the existence and desirability of application of the Concept of Basic Structure in the Constitution of Bangladesh. Raj Narayan known as election case as these cases have momentous contribution in establishing the concept of Basic Structure in this subcontinent. There are also given some Indian case references like Kesavananda case, Golak Nath’s case and Indira Nehru Gandhi. In doing so, obviously, much more emphasis has been given on the Constitution by frequently referring and quoting the 5th ,7th, 8th, and 13th Amendment cases, especially on 8th amendment case as it is the only case in Bangladesh that deals with the concept of basic structure and the judgment is so elaborate including legal literatures and full with arguments. The object of writing this article is to trace the desirability of application of doctrine of the basic structure in Bangladesh. Thus, now the basic structure of our Constitution is set beyond the purview of the amending power of Parliament and a new interpretation of art. Bangladesh popularly known as 8th amendment case. However, the application of basic structure has been established in 1989 in the landmark case of Anwar Hossain Chowdhury vs. 142 ‘Notwithstanding anything contained in this Constitution - any provision thereof may be amended’. Apparently the amending power seems to be an absolute power so as to amend any provision of the Constitution since it says in art. The Constitution of Bangladesh is an elaborate written Constitution but it does not contain any specific provision regarding basic structure or does not say anything regarding unamendability of its basic structure. As Thomas Paine says “A Constitution is not the act of government, but of a people constituting government”. constitute the Basic Structure of the Constitution. These provisions, rights vested in the people, values, ideas, etc. In order to retain the values of our country as well as ascertain development of human personality, certain provisions of the constitution should keep on a high pedestal.
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