Nabajug Unnayan Sangstha A new article 145A was created where it was provided that all international treaties would be submitted to the president who should cause them to be laid parliament. Article 112— ... 33. Forfeiture of book—Defect in the order is no ground for exercise of writ jurisdiction—For enforcement of fundamental right and for cancellation of order, the Court should look to the equity and good conscience in passing the impugned order (forfeiting the book in question). Sajeda Parvin Vs. Government of Bangladesh 40 DLR (AD) 178. It was also provided that the president would appoint as prime Minister the Member of Parliament who appeared to him to command the support of the majority of the members of parliament. The information contains in this web-site is prepared for educational purpose. When the book contains materials justifying the government’s action, the impugned order cannot be struck down on the ground that it does not mention the facts in support of the action. A provision of referendum in respect of amendment of certain provisions of the constitution was inserted and to that end a new clause IA was created in Article 142. 33. Abdul jalil, j. held at paragraph 25 asunder: From the facts and circumstances as discussed above we are of the opinion that the petitioner having been living in Bangladesh is entitled to the protection under Article 33(5) of the constitution and as such the detaining authority was under constitutional obligation to communicate grounds of detention as soon as may be, but no grounds … SEXUAL HARASSMENT IN THE WORKPLACE: ISSUES IN THE UK AND US, FREEDOM OF SPEECH AS A PRODUCT OF DEMOCRACY, PART 1, FREE SPEECH IN A LIBERAL DEMOCRATIC SOCIETY. Another new Article 92A was created where by the president was given power to expend public moneys in certain cases. Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. “It has been accepted worldwide that … 2011) … Article 33 (Draft Article 26) empowers the Parliament to make laws that would restrict the application of fundamental rights to a specific category of people including members of the Indian Army and intelligence organisations. Freedom of assembly: 38. above the preamble. Article 103— Constitutionalism and Political Stability as the Precondition. Required fields are marked *, Powered by  - Designed with the Hueman theme. A writ jurisdiction cannot of necessity be invoked. The constitution declares "the people of Bangladesh shall be known as Bangalees as a nation", which discriminates against the country's significant non-Bengali communities. Freedom of profession or occupation : 41. Article 102(2)(b)(i)— Article 31 of the Constitution reads as follows: "To enjoy the protection of the law, and to be treated in accordance with law, and only in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in … Where serious defect in the finding of fact given by the High Court Division is discovered and the same are considered not tenable then it should be open to the Appellate Division to come to its own) independent finding upon a re-examination or the evidence untrammeled by the opinion of the Court appealed from. Article 58 was amended to the effect that four-fifths of the total number of minister should be taken from among the members of parliament. Article 33 of Constitution of India – Power of Parliament to modify the rights conferred by this Part in their application etc Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to, (i) the members of the Armed Forces; or. Free for one month and pay only if you like it. Double Jeopardy—The accused is going to be prosecuted in respect of an  offence which did not occur during the earlier transaction nor the present case arose out of the same fact and for the present offence he was not tried previously. Main aim for this provision is to ensure the proper discharge of their duties and to maintain discipline amongst them. Article 102— Article 102(2)(a)(i)— A writ petition does not lie against the decision of the Sessions Judge under section 439A CrPC. It is the approach of subjective satisfaction that is being made in the preventive detention cases. Article 102(2)(b)(1)— After the introduction of Article 31A in the Constitution, many problems arising out of the violation of fundamental rights contained in Part III of the Constitution were eradicated. Article 102(2)(b)(i)— The order of the High Court Division acquitting him though set aside and that of the Conviction by the Special Judge under section 409 Penal Code is restored, the sentence of his imprisonment is therefore reduced to the period already undergone by him. Article 34 Constitution of India: Restriction on rights conferred by this Part while martial law is in force in any area. That does not mean that of necessity a writ jurisdiction may be invoked. Source of Information. Central Government Act. Your email address will not be published. Order of detention was passed for collateral purposes. Detention on grounds vague and indefinite without giving sufficient materials to enable the detenu to make effective representation is illegal. The privilege is given to the State in the interest of the State. The High Court Division clearly proceeded on a misapprehension of the nature of an application under Article 102(2)(1) of the Constitution. The detenu cannot also ask as a matter of right to the detaining authority the facts not disclosed on the plea of public interest. The Constitution of the People’s Republic of Bangladesh 1972 (amended in 2014), UN Women Constitutional Database . Article 33 empowers the parliament (not state legislature) to restrict or abrogate the fundamental rights of the members of armed forces, paramilitary forces & analogous forces. Preventive detention—Detaining authority must keep in view Article 33(5) of the Constitution—Grounds to be communicated at the earliest to the detenu regarding the order of detention. Part III of the Indian Constitution confers certain Fundamental Rights on each and every citizen of this Country. Bhutan is a Sovereign Kingdom and the Sovereign power belongs to the people of Bhutan. HM Ershad Vs. State 45 DLR 534. The Republic: 2. Freedom of movement : 37. However Article 33 provides exception of certain people from the above rights, i.e. In India, Article 25 guarantees religious freedom in a narrower sense — in addition to “public order and morality”, it is also subject to “health” and “other fundamental rights”, and the state can also restrict freedom of religion in respect of … Sajeda Parvin Vs. Government of Bangladesh 40 DLR (AD) 178. (AD) 127 that there is no scope for second revision the matter ends there. Prohibition of forced labour : 35. A litigant has no inherent right in procedural remedy. Md. Article 226— 1. This is required to make the proper discharge of their duty. 33. Freedom of thought and conscience, and of speech : 40. Article 102(2)(b)(i)— These question … (3) Every order made under this article shall, as soon as may be, be laid before Parliament. Third amendment. Mostoshir Ali Vs. Arman Ali 42 DLR (AD) 12. Sajeda Parvin Vs. Government of Bangladesh 40 DLR (AD) 178. Habiba Mahmud Vs. Bangladesh 45 DLR (AD) 89. Judicial review is also supported by the constitution. Chunnu Chowdhury Vs. District Magistrate 41 DLR 156. Researchers all over the world have the access to upload their writes up in this site. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. The Indian judicial view is completely different from that of Bangladesh judicial view on the matter. 141C) No question has been raised about the rationale behind this article by any government or parliament in the past. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site. bijoy kumar sarker. Focus Keyword: Quota System in Bangladesh Clauses (1) & (2) of Article 29 of the Constitution ensure the prniciple of equality of opportunity and non-discrimination in public employment and Article 29(3)(a) provides for an exception to that and gives the government the discretion to initiate/continue for special provision (affirmative action or positive discrimination) in favour of any backward section of citizens … Religious words ‘BISMILLAHIR RAHMANIR RAHIM’ was inserted in the beginning of the constitution i.e. For a detention order made by the District Magistrate on being satisfied about the prejudicial act by any person and the extension of such order by the Government under section 3 of the Special Powers Act, there is no requirement of law to place it before the President for his approval, and consequently there is no obligation nor scope to pass order by noting it as “by order of the President” and this being a purely executive order the provision of Article 56(3) of the Constitution is not applicable to this case. The amendment inserted an additional clause, Article 47(3) that allowed punishment and prosecution of war criminals under international law. Appeal or revision must be given expressly by law. “The Constitution of Bangladesh was enacted in 1972. The detaining authority must always keep in view Article 33(5) of the Constitution which provides that the authority making the order for preventive detention shall, as soon as may be, communicate to the detained person the grounds on which the order of detention has been made and the Legislature in section 8(2) of Special Powers Act has taken pains to specifically direct the detaining authority to cause service of the order containing the detailed grounds of detention at the time of detention, that is, at the very moment he is detained under the order of preventive detention. Nevertheless the Article 96 of the Constitution of Bangladesh, gives the power to the President to pass order for the ultimate decision of impeachment but still the question lies, what should be the consequence if the President doesn’t give assent to the resolution of parliament; or how much value does President bears in relation to the passing of the process of impeachment. State filed a leave petition against the order of acquittal by the High Court Division which was dismissed after hearing—Subsequently the informant filed another leave petition. The Court is to hold the balance between the State’s need to prevent prejudicial activities and citizen’s right to enjoy his personal liberty. SID: LLB 00305037. In such a position the doctrine of the Constitution or of the Code as to double jeopardy is not applicable in the present case. Saleem Ullah Vs State 44 DLR (AD) 309. Critics of Sixteenth Amendment Under The Constitution of The Peoples Republic of Bangladesh, Part VIA of the constitution dealing with one party system as introduced by the 4, The independence of judiciary which was completely destroyed by the 4, The jurisdiction of the High court Division of the Supreme Court to enforce fundamental rights was restored to its original position as was in the original constitution (Article 44 and 102).]. Passed on 17 July 1973, the first amended was made to the Article 47 of the constitution. AKM Azizul Hoque Vs. Bangladesh 42DLR 189. Since the Appellate Division of the Supreme Court has observed in 35 DLI? Article 7 and 26 of Bangladesh constitution exercise authority over Article 142 (even … Bangladesh Anjuman-e-Ahmadiyya Vs. Bangladesh 45 DLR 185. The book having contained matters which are deliberately and maliciously intended to outrage the religious beliefs of the bulk of the Muslims, the Government was justified in forfeiting the book. Why should we study constitution of UK and USA? Article 33 in The Constitution Of India 1949. 43. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Power of Parliament to modify the rights conferred by this Part in their application etc Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to, (a) the members of the Armed Forces; or. Restrict the fundamental rights of armed forces. they do not possess all of them. Article 31B states that the acts which are present in the ninth schedule and are inconsistent with the provisions laid down by the constitution or resist any decree or order will be left on the competent legislature to … Article 33(5)— Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. ARTICLE 70: VACATION OF SEAT ON RESIGNATION, ETC.) There is no scope for hearing the second petition at the instance of the informant. The form of Government shall be that of a Democratic Safegards as to arrest and detention: 34. Bangladesh Anjumane-e-Ahmadiyya Vs. Bangladesh 45 DLR 185. 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