article 70 of bangladesh constitution

article 70 of bangladesh constitution

font-family: inherit; Now, a question may arise as to what triggered the Constituent Assembly to insert such a controversial and contradictory provision to the spirit of our Constitution? outline: none; The constitution has several controversial elements like Article 70. The prime minister was annoyed when a lawmaker from his own party, K. M. Obaidur Rahman, raised a question in the Constituent Assembly of Bangladesh, as to why the assembly had no law making powers. 3rd Year Student, Department of Law, University of Chittagong. .sfba_subscribe_form__fields .sfba-form2-fields { Constitution of Bangladesh more or less is good constitution in the world no doubt. line-height: 1.2; I needs to spend some time learning mucһ more or understanding #sfba_thanks_container { margin: 0 auto; padding: 0 15px; Introduction and passing of Bills.— (1) A Bill with respect to any matter in the Federal Legislative List may originate in either House and shall, if it is passed by the House in which it originated, be transmitted to the other House; and, if the Bill is passed without amendment by the other House also, it shall be presented to the President for assent. width: 100%; They do not have the scope to give opinions independently, beyond the party's decision. Before independence, Bangladesh was a part of Pakistan. Article 8 concerns about the fundamental principle. } background: rgba(0, 0, 0, 0.8); That means, the amended article Article 70 would empower MPs –. [4] The lack of accountability in parliament gives unchecked powers to the Prime Minister of Bangladesh, who is often accused of dictatorship. background-color: #102341; The constitution of Bangladesh was adopted by the Constituent Assembly on 4 November 1972. The provisions of Article 70 of the Constitution of Bangladesh are pushing the democracy in a back seat. Thank you for your precious review. Another name of this article is called Anti Defection Law. Conversely, there are different views regarding the right to vote of MPs in Parliament. display: block; font-weight: 400; Article 70 was made as a result of the Bangladesh Constituent Assembly (Cessation of Membership) Order 1972,[1] promulgated by President Justice Abu Sayeed Chowdhury. #sfba-form2-container #sfba-form2-heading:before, 70. information for my mission. form#sfba_subscribe_form #sfba_thanks_image.sfba-noempty { Parliament may make such provisions as it thinks fit for the discharge of the functions of the President in any contingency not provided for in this Chapter. } It is well settled that if an order is passed by any authority in favour of a person and the same is acted upon by him a vested right is created in favour of that person and the same cannot be taken away from him without any lawful excuse. } Lawyer Yunus Ali Akondo filed the petition challenging Article 70 of the constitution on Apr 17 last year. Article 70 in The Constitution Of India 1949. (1) A person elected as a member of Parliament at an election at which he was nominated as a candidate by a political party shall vacate his seat if he resigns from that party or votes in Parliament against the party. The constitution’s Article 70 states: Article 96(2), The Constitution of the People’s Republic of Bangladesh. Article 70, an anti-floor-crossing provision, was inserted in the original Constitution of 1972 following the bitter experience of the- then Pakistani regime. max-height: 128px; It can be amended giving scope to MPs to vote against the party after prior approval of the party, except on the motion of no confidence. } I’m not sure where үou’re getting your info, but gߋod topic. Thus, Article 70 states that if a member of the Parliament votes against or resigns from the political party he/she was nominated from, he/she shall vacate his/her seat in the Parliament. Article 39 guarantees the fundamental right of freedom of thought, conscience, and speech. } .sfba_subscribe_form__fields.sfba_email_first{ [7], http://bdlaws.minlaw.gov.bd/print_sections_all.php?id=376, http://cpd.org.bd/pub_attach/To%20Amend%20Article%2070%20or%20not.pdf, "70. margin-bottom: 0; .sfba-form-credit { Part I: The Republic . It came into effect from 16 December 1972, on the first anniversary of the victory day. 5,038 Views. In addition, there are 4 schedules. }, You Have Successfully Subscribed to the Newsletter. border-radius: 0; (2) An order made under this article may extend to the whole of Bangladesh or any part thereof. margin: 0; “The Constitution of Bangladesh was enacted in 1972. CONSTITUTION OF BANGLADESH , 1972. } Articles. Article 70, an anti-floor-crossing provision, was inserted in the original Constitution of 1972 following the bitter experience of the- then Pakistani regime. } } Privilege is no vested right. The constitution has several controversial elements like Article 70. (4) If any dispute arises as to whether a member of Parliament has, after his election, become subject to any of the disqualifications mentioned in clause (2) or as to whether a member of Parliament should vacate his seat pursuant to article 70, the dispute shall be referred to the Election Commission to hear and determine it and the decision of the Commission on such reference shall be final. display: flex; There have been ongoing controversies and debates on some aspects of the current Bangladesh Constitution, especially every government came to power and amend the constitution according to their will. border-radius: 8px; Article 96(3), Ibid. 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; This may lead to an unstable, unworkable and chaotic situation. Constitutional Law drawn primarily from the constitution, including from such sources as decisions of the Supreme Court, legislation like the Representation of People Order (1972), the Rules of Procedure of Jatiya Sangsad, and constitutional conventions like the convention of consultation with the Chief Justice regarding appointment of the judges of the Supreme Court.

.sfba-form-credit a:hover { [Constitution] Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. Article 56(3), Ibid. Constitution of Bangladesh, 1972 . Justice Ashraful Kamal observed in his order that raising question with the article 70 is demeaning the 403 members of the GonoParishad (national assembly) including Father of the Nation Bangabandhu Sheikh Mujibur Rahman as well as the people of Bangladesh and the constitution and is a violation of the constitution. This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. NILS Bangladesh is the National Chapter of NILS comprised of other local chapters of Bangladesh and promote the goal of NILS International.

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