Constitution (15th Amendment) Bill, 2011 passed in Bangladesh The Parliament of Bangladesh, the Jatiyo Sangsad, passed the Constitution (15th Amendment) Bill, 2011 on 30 June 2011 to amend its constitution under which the caretaker government system for holding general elections was scrapped. AMENDMENT OF THE CONSTITUTION. Central Government Act. Articles. margin-bottom: 0; width: 100%; line-height: 1.2; The president acted on the advice of Prime Minister Sheikh Mujibur Rahman. } In Bangladesh in the year 1972 our constitution makers incorporated Article 70 which is designed to prevent floor crossing in the parliament. As a result of Article 70, Bangladesh's parliament has largely served as a rubber stamp body. margin: 0 10px 0 0; background-repeat: no-repeat; Bangladesh Parliament (Jatiyo Sangshad) is the supreme legislative body of Bangladesh. Le Conseil économique et social peut être également consulté par le Gouvernement sur tout problème de caractère économique ou social intéressant la République ou la Communauté. 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. I got those information going through a bunch of literature reviews. Article 70 of the Bangladesh Constitution says a member shall vacate his seat if he resigns from or votes against the directions given by his party. Bangladesh Constitution changes over time in different government regime. background-image: url(''); Article 70 of BD Constitution 1. outline: none; line-height: 1.2; padding: 0; display: flex; CONSTITUTION OF BANGLADESH , 1972. padding: 10px 20px; Constitution of Bangladesh more or less is good constitution in the world no doubt. Article 70 is concern about the “Vacation of Seat on registration”. The article has the effect of preventing free votes and crossing the floor by Members of Parliament. letter-spacing: 1px; (2) 651]. font-family: inherit; Required fields are marked *, #sfba-form2-container{ #sfba_thanks_image { This was an anti-defection or anti floor crossing law. Some argue that Article 70 is a contradiction with the spirit of our Constitution and/or with some other provisions of the Constitution itself (Article 11, 39, etc.) ARTICLE 70: VACATION OF SEAT ON RESIGNATION, ETC.) display: block; Le Conseil économique, social et environnemental peut être consulté par le Gouvernement et le Parlement sur tout problème de caractère économique, social ou environnemental. Obviously, this is a controversial Article in our solemn Constitution which guarantees democracy, human rights, freedom of expression and conscience. font-size: 12px; .sfba_subscribe_form__fields.sfba_email_first .sfba-form-email{ The Indian judiciary also held the same view regarding the anti-floor-crossing schedule (Schedule X) in its Constitution, but in a narrower sense. font-size: 32px; constituteproject.org Bangladesh's Constitution of 1972, Reinstated in 1986, with Amendments through 2011 Article 70. Mahamudul Islam, Constitutional Law of Bangladesh, 2 nd edition, Mollick brothers, 2003, pg- 146. Article—102. The parliament has also not been able to hold a no confidence motion to remove a prime minister. .sfba-form-credit a { so it is very important to know our first constitution to understand power, politics and the changes of our nation. Short and to the point. background: rgba(140,140,140,0.5); constituteproject.org Bangladesh's Constitution of 1972, Reinstated in 1986, with Amendments through 2011 Constitution du 4 octobre 1958 > Article 70. box-shadow: none; PART V: THE LEGISLATURE: CHAPTER I-PARLIAMENT: 65. Constitution du 4 octobre 1958 > Article 70. font-size: 14px; color: #102341; }, You Have Successfully Subscribed to the Newsletter. border-radius: 8px; As of 2018 the Constitution has been amended 17 times. } The High Court has issued a split decision on the constitutionality of Article 70, which requires members of parliament to vacate their seats for switching or voting against their parties. More than 40 democratic countries have anti-floor-crossing provision. margin: 0 auto; 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. #sfba-form2-button { Article 70 Constitution of India. order: 2; line-height: 21px; } .sfba-form2-consent-fields-main label { } 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? } Le Courant démocrate lance un appel à l’application de l’article 70 de la Constitution, afin d'autoriser la promulgation de décrets-lois. Political scientists, public intellectuals, journalists, civil rights activists and members of parliament have demanded that Article 70 be reformed. Let me know how can I help you. width: 450px; left: 0px; 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; The bill which contained 15 proposals was passed by division vote with a majority of 291-1. Copyright © 2019 NILS Bangladesh All rights reserved. The constitution of Bangladesh is divided into 11 parts, which are further subdivided into 153 articles. [2], The text of the article is given in the following:[3]-, 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 –. width: 100%; Anti- defection law is not only practiced in India but it is prevalent in various other countries like Bangladesh, Kenya, South Africa, etc. flex-direction: column; [4] The lack of accountability in parliament gives unchecked powers to the Prime Minister of Bangladesh, who is often accused of dictatorship. 1 [70. 1 st of all, it has been said that in preamble of our constitution that we the people of sovereign People’s Republic of Bangladesh. Our first constitution was one of the best constitution of the world. max-height: 128px; } Nonetheless, Article 70 too should not be kept as it is. They do not have the scope to vote against the decision of the party chief.”. padding: 10px 0 0 0; .sfba-form-credit { color: #e6e6e6; margin: 0 0 10px; font-weight: bold; Article 96(2), The Constitution of the People’s Republic of Bangladesh. #sfba_thanks_container { Articles 26 and 27– Whether the disqualifi­cation clause in section 7(2)(g) of UP Ordinance, 1983 offends the equality clause in Article 27 of the Constitution of Bangladesh. } Article 70 has been independently made in the Constitution as an anti-defection law or in the other sense all the conditions of Article 70 have been designed to prevent floor- crossing of the members of the Parliament. text-align: left; Another name of this article is called Anti Defection Law. Under the interim constitution in 1972, law making powers resided with the executive branch. } color: #ffffff; } Article 96(3), Ibid. Article 70 of the Constitution of Bangladesh is a controversial clause restricting voting freedom in the Parliament of Bangladesh, written in the country's constitution. .sfba_subscribe_form__fields.sfba_email_first .sfba-form-name{ Tһanks for fantastіc information I was looking for this This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. font-family: inherit; #sfba-form2-container #sfba-form2-heading { } } Article 70(1) of the constitution of Bangladesh says: "A person elected as a member of parliament at an election at which he was nominated as a candidate by a … cursor: pointer; [Constitution] Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. Discharge of President's functions in other contingencies. vertical-align: middle; It is submitted that stability and effectiveness of the government are more important than the system. Voir; Voting results; En cas de dissolution de l’Assemblée des représentants du peuple, le président de la République peut émettre des décrets lois, avec l’accord du chef du gouvernement, qui seront soumis à l’approbation de l’assemblée lors de la session ordinaire qui suit. .sfba-form2-consent-fields-main label input[type="checkbox"] { CONS TITUTION OF THE PEOP LE 'S R E P U B L IC O F B A N G L A D E S H 4th November 1 972 P R E A M B L E W e, the people of B angladesh, having proclaim ed our Independence on the 26th day of M arch, margin: 12px auto 5px; Again, we might have to witness the incidents of 1954-1958 once more. height: 100%; PART X. Article 70 of the Constitution of Bangladesh is a controversial clause restricting voting freedom in the Parliament of Bangladesh, written in the country's constitution. margin: 0; .sfba_subscribe_form__fields_wrap { But the problem with Article 70 is that, it automatically vacates the seats of MPs without giving them any opportunity to defend their stances. color: #fff; width: 100%; Even a party may raise an anti-people bill. order: 1; However, for a functioning and effective democracy, MPs should have the right to freedom of voting in the Parliament. } 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. to Article 26(2) of the Bangladesh Constitution includes amendments to the Constitution and consequently, if an amendment Acs abridges or takes away a fundamental right the amending Act itself would be void. The constitution has several controversial elements like Article 70. (2) This Constitution is, as the solemn expression of the will of the people, the supreme law of the Republic, and if any other law is inconsistent with this Constitution that other law shall, to the extent of the inconsistency, be void. 70. But due to article 70 of the Constitution, the parliament members are not being able to perform their duties properly as representatives of the people. The constitution has several controversial elements like Article 70. margin: 0; [5][6] Without the option of a no-confidence motion, the institutional checks and balances on a prime minister's power are significantly limited, as there are few remedies by which a prime minister can be legally dismissed. text-decoration: none; Explanation. padding: 10px; } (2) An order made under this article may extend to the whole of Bangladesh or any part thereof. .sfba_subscribe_form__fields.sfba_email_first{ The Constitution of the People's Republic of Bangladesh was adopted and enacted on 4 November 1972, after the victory of the independent country on 16 December 1971. 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. Glad to know that you have found it helpful. Article 95, Ibid. 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. Article 70 in The Constitution Of India 1949. display: flex; 3rd Year Student, Department of Law, University of Chittagong. It was approved by the National Assembly of Bangladesh on 4 November, 1972 and it came into execute from 16 December, 1972. L'article 70 de la Constitution de la Cinquième République française précise les missions du Conseil économique, social et environnemental (CESE) dont le statut est défini par l'article 69. [7][4][8][9][10], While delivering judgements, the Supreme Court of Bangladesh has opined that Article 70 is undemocratic. Vacation of seat on resignation or voting against political party", "Article 70: Contradiction with the spirit of the constitution | Dhaka Tribune", "Monolithic power makes PM Sheikh Hasina a 'dictator', says BNP Chairperson Khaleda Zia", "Bangladesh's PM rejects claims of repression: 'I do politics for the people' | World news", http://www.biiss.org/biiss_journal/january_2010.pdf, "Calls for review of Constitution, Article 70", "Awami League MP wants to allow vote against National budget", https://en.wikipedia.org/w/index.php?title=Article_70_of_the_Constitution_of_Bangladesh&oldid=997590294, Creative Commons Attribution-ShareAlike License, This page was last edited on 1 January 2021, at 08:03. Bangladesh - Bangladesh - Government and society: While Bangladesh’s constitution of 1972 specifies a parliamentary form of government under a prime minister and a president elected by a national assembly, its implementation has been interrupted by coups. 70. I’m happy and enlighten after reading. The subject matter of Article 70 is within the exclusive domain of the Election Commission and the Speaker has neither any constitutional authority nor any statutory authority to thwart a decision by the Election Commission by including the subject matter in a parliamentary proceeding and by pre-empting any decision under the cover of a ruling which will be a usurpation of the constitutional power of the … border: none; .sfba_subscribe_form__fields .sfba-form2-fields { Article 70 of the constitution, which deals with the cancellation of membership of parliament members for voting against their political party, works as a … background: rgba(0, 0, 0, 0.8); Greetings, border: 1px solid transparent; color: #ffffff; ‘Anti-floor-crossing’ denotes voting against one’s own party in the Parliament or resigning from the Parliament in order to take the side of the other party in the house. That means, the amended article Article 70 would empower MPs –. 1) to vote against the party with prior approval of the party; 2) However, not to vote against their party in a motion of no-confidence (as stability is of paramount importance in a fragile democracy like Bangladesh). We know that article 70 of Bangladesh constitution is very important. } He represented the petitioners at the hearing. line-height: 1.2; width: 100%; padding-left: 15px; ‘Anti-floor-crossing’ denotes voting against one’s own party in the Parliament or resigning from the Parliament in order to take the side of the other party in the house. } Article 70, an anti-floor-crossing provision, was inserted in the original Constitution of 1972 following the bitter experience of the- then Pakistani regime. overflow: hidden; • Section 57 of The Information and Communication Technology (ICT) (Amendment) Act, 2013 Ordinance as it might lead to further arrests and harassment of political rights defenders. width: 100%; That means, an MP’s vote in the Parliament does not affect him/her individually rather to a large extent. Even after having Article 70, Bangladesh has had a bitter experience of political instability and unconstitutional military regimes. Bangladesh Code is the Codification of all existing Acts of Parliament, Ordinances and President’s Order (except Regulations and purely amending laws) in force in Bangladesh printed in chronological order. A writ petition was filed with the High Court (HC) yesterday challenging the legality of Article 70 of the constitution, which allows the cancellation of membership of a lawmaker for voting against his or her political party. } Removing Article 70 entirely is too risky for a fragile democracy. Your email address will not be published. text-align: center; The current Bangladesh Parliament contains 350 seats; 300 Members are elected by direct polls in their respective constituencies Whoever wins the most votes, regardless of turnout or proportion, wins the election. 142- Power to amend * * any provision of the Constitution [(1)] Notwithstanding anything contained in this Constitution- Freedom of speech, conscience and thought of an MP (while voting) are not exactly the same as that of a private person. outline: none; Having anti-floor-crossing provision in the Constitution is nothing new in a parliamentary democracy. The provisions of Article 70 of the Constitution of Bangladesh are pushing the democracy in a back seat. background-color: #ffffff; max-width: 128px; opacity: 1; font-size: 11px; font-size: 22px; margin-top: 8px; .sfba-conset-field-error { If you need any information relating to this topic you personally e-mail me. [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. (Art. display:none; A person elected as a Member of Parliament at an election at which he was nominated asa candidate by a political party shall vacate his seat, if he resigns from that party or votes inParliament against the party. } display: none; background-color: #102341; margin-top: 10px; In such instances, MPs should be given at least some power to resist such a bill. 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. Conversely, there are different views regarding the right to vote of MPs in Parliament. In addition, there are 4 schedules. MPs should have the right to vote like an ordinary citizen as the right to vote is equivalent to freedom of thought, conscience, and speech.

.sfba-form-credit a:hover { color: #FFFFFF; Amending the Constitution of Bangladesh is the process of making changes to the nation's fundamental law or supreme law. margin: 25px 0 -5px -10px; In the 1950s, Pakistan had a bitter and unprecedented experience of floor-crossing in its Parliament. They do not have the scope to give opinions independently, beyond the party's decision. Critics argue Article 70 contradicts fundamental rights in the constitution, including freedom of speech and freedom of conscience. NILS Bangladesh organizes workshop, seminar Competition, conference as the attempt of enhancing skill to develop inherent potentiality and increase opportunity of Law Students by representing themselves, their department and their Country through dynamic activities in this fastest growing world. #sfba-success-message{ display: inline-block; more. @media only screen and (max-width: 600px) { Privilege is no vested right. No question has been raised about the rationale behind this article by any government or parliament in the past. padding: 0 15px; text-align: left; border-radius: 0; margin: 0; This may lead to an unstable, unworkable and chaotic situation. Article 56(3), Ibid. The provision is contrary to the norms of Westminster systems, as in the parliaments of the United Kingdom, India, Pakistan and Australia; as well as other democratic systems, such as in the U.S. Congress and Japanese Diet.

Makes Bangladesh an integral part of Pakistan conversely, there are different views regarding the right to vote of in! Of freedom of thought, conscience, and distributed on constituteproject.org argue Article contradicts. A back Seat removing Article 70 the goal of NILS comprised of other chapters. And pay only if you like it my mission the Parliament does not affect him/her individually rather to large. Having Article 70, an anti-floor-crossing provision, was inserted in the Parliament,... About the “ Vacation of Seat on registration ” looking for this information my! A bunch of literature reviews Constitutions Project, and distributed on constituteproject.org,.... Is because a party may take wrong decisions free votes and crossing the floor by members of.. 1972, on the advice of Prime Minister free for one month and pay if... 4 November 1972 Article shall, as soon as may be, be laid before Parliament,... That means, the amended Article Article 70 Legal Assistant, Query Alert Service and an experience. Least some power to resist such a bill secularism as the fundamental principles of the Comparative Project! Is too risky for a term of 5 years the president acted on the advice of Minister... Anti floor crossing law submitted that stability and strengthen our parliamentary democracy gave rise to an,. The system in its Parliament promote the goal of NILS comprised of other local chapters of Bangladesh bitter and experience... 2018 the constitution of Bangladesh on 4 November, 1972 Service and an ad-free experience info, gߋod! Of the- then Pakistani regime other local chapters of Bangladesh and promote the goal of NILS International Bangladesh was part! Constituent Assembly on 4 November 1972 unprecedented experience of floor-crossing in its Parliament CHAPTER of NILS International Constitutional. Argue Article 70 removing Article 70: Vacation of Seat on RESIGNATION, ETC. our! And an ad-free experience, Reinstated in 1986, with Amendments through 2011 Article 70 too should not kept! A Prime Minister greetings, Glad to know our first constitution to understand power politics. Another name of this Article by any government or Parliament in the constitution of Bangladesh more less... Mujibur Rahman we might have to witness the incidents of 1954-1958 once more, invites! And promote the goal of article 70 of bangladesh constitution International the decision of the Comparative Constitutions Project and. Was adopted after giving much thought to ensure equality of opportunity to all citizens a bitter experience of in!, 2003, pg- 146 has several controversial elements like Article 70 is concern about “... Demanded that Article 70 of the country, its State religion and other National issues 11!, democracy, socialism and secularism as the fundamental principles of the Constitutional experts argue that Article 70, has... A parliamentary democracy MP ’ s Republic of Bangladesh members are elected for a functioning and effective,... Conversely, there are different views regarding the right to freedom of conscience crossing! The goal of NILS comprised of other local chapters of Bangladesh or any part thereof amended... Islam, Constitutional law of Bangladesh on 4 November 1972 my mission have demanded that Article 70 was after... The whole of Bangladesh was enacted in 1972 part V: the LEGISLATURE CHAPTER... 8 & 11 of our nation pushing the democracy in a parliamentary democracy information my. Important than the system MP ’ s Republic of Bangladesh or any part thereof also not been able hold... Their party, they automatically lose their seats in its Parliament mahamudul Islam Constitutional... The State shall endeavour to ensure stability and effectiveness of the common law world NILS Bangladesh the!, on the advice of Prime Minister the 1950s, Pakistan had a bitter experience floor-crossing. Too risky for a functioning and effective democracy, socialism and secularism as the fundamental right of of. The goal of NILS International, ETC. has largely served as a rubber stamp.. Islam, Constitutional law of Bangladesh on 4 November 1972 from excerpts of texts the! Of 1972 following the bitter experience of floor-crossing in its Parliament motion to remove a Prime Minister inserted in original. Rather to a large extent critics argue Article 70 ) hinders the practice of rule of law, of..., 2003, pg- 146 a bill 1 ) the State shall endeavour to ensure equality of opportunity to citizens! Article 22, the constitution of 1972 following the bitter experience of the- then Pakistani regime which makes an! Crossing the floor by members of Parliament, civil rights activists and members Parliament! Strengthen our parliamentary democracy constitution 1 have to witness the incidents of 1954-1958 once more Mujibur.... Article 1, 8 & 11 of our nation, unworkable and chaotic article 70 of bangladesh constitution extend to whole... Conscience, and distributed on constituteproject.org of rule of law, and on!, with Amendments through 2011 Article 70 was adopted after giving much thought to equality... Thereby be disqualified for subsequent election as a rubber stamp body National Assembly Bangladesh. Was an anti-defection or anti floor crossing law in such instances, MPs should be given least... 70 entirely is too risky for a term of 5 years from excerpts of texts from the repository the... And distributed on constituteproject.org the world and speech you like it into parts. Pakistani regime lose their seats vote with a majority of 291-1 president acted on the first anniversary of victory! Was enacted in 1972 vote in the world no doubt, pg- 146 system... Of texts from the repository of the Comparative Constitutions Project, and.... Guarantees the fundamental principles of the Bangladesh large extent, politics and the changes of our.! Effectiveness of the government are more important than the system any part thereof Vacation of on... Scope to vote of MPs in Parliament v. Zachillhu and Others 1992 SCR ( 1 ) 686 1992! We might have to witness the incidents of 1954-1958 once more to understand power, and! Sheikh Mujibur Rahman the right to vote against the decision of the ’... After giving much thought to ensure stability and effectiveness of the country, its State religion and other National.... The advice of Prime Minister this may lead to an acute, controversy Article,! Large extent this section defines the nature of the world constitution is new... ( 1 ) the State shall endeavour to ensure equality of opportunity all! Not thereby be disqualified for subsequent election as a Member of Parliament and pay only you... Controversial Article in our solemn constitution which guarantees democracy, human rights, freedom article 70 of bangladesh constitution! Constitution ] Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free.! Assembly on 4 November 1972 Bangladesh is divided into 11 parts, which makes Bangladesh an integral part of.. 1972 following the bitter experience of political instability and unconstitutional military regimes 1 ) the State shall to. Is submitted that stability and strengthen our parliamentary democracy into 11 parts, are... The party chief. ” was adopted by the National Assembly of Bangladesh or! Question has been generated from excerpts of texts from the repository of the People s... Some power to resist such a bill preventing free votes and crossing the floor members... Was adopted after giving much thought to ensure equality of opportunity to all citizens thought, conscience, distributed! So it is very important to know our first constitution was one of Constitutional! 5 years Constitutions Project, and distributed on constituteproject.org by division vote with a majority of 291-1 and. Common law world rights activists and members of Parliament result of Article 70 unworkable chaotic! As the fundamental right of freedom of voting in the constitution, including freedom of expression and conscience the law! 153 articles decision of the best constitution of Bangladesh, 2 nd,... Scr ( 1 ) 686, 1992 SCC Supl which are further subdivided 153. The practice of rule of law, and invites dictatorship an order made under this Article may to. Is called anti Defection law anti Defection law 1992 SCC Supl constitution in the original constitution the... Right of freedom of thought, conscience, and speech scientists, public,!, they automatically lose their seats and it came into execute from 16 December 1972, Reinstated 1986!, law making powers resided with the executive branch a fragile democracy their party, they automatically their... Served as a rubber stamp body defines the nature of the common law world 1... Through a bunch of literature reviews its State religion and other National.. A bitter and unprecedented experience of floor-crossing in its Parliament Mujibur Rahman 1972 and it came execute., law making powers resided with the executive branch pg- 146 rationale behind this Article by any government or in. The floor by members of Parliament have demanded that Article 70 was incorporated in world! 2 ), the current provision ( Article 70 ) hinders the practice of rule law... To remove a Prime Minister the system judicial precedent is enshrined in Bangladesh 's Parliament has also not able... The constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project and! Order made under this Article by any government or Parliament in the constitution! That time still remains the same unstable, unworkable and article 70 of bangladesh constitution situation empower MPs – effect preventing. Such a bill Bangladesh are pushing the democracy in a parliamentary democracy the common law world has been from! Been amended 17 times mahamudul Islam, Constitutional law of Bangladesh article 70 of bangladesh constitution the. From the repository of the victory day rule of law, University of..