Green University of Bangladesh

An Assignment On

The Preamble of Bangladesh Constitution: Whether it’s a part of

‘Basic Structure’ of Constitution.

Course Title: Constitutional Law

Course Code: LLBH 115

Submitted To:
Nushera Tazrin Darin
Lecturer
Department Of Law
Green University Of Bangladesh

Submitted By:
Azizul Islam
Student ID: 222911001
Batch: 222
Department of Law
Green University of Bangladesh
Table of Contents:

1) Introduction

2) Concept of Preamble
3) Concept of Constitution
4) Preamble of Bangladesh Constitution

5) Importance of Preamble

6) History of Preamble

7) Significance of Preamble

8) Whether Preamble can be Amended?

9) Constitution of Bangladesh

10) The Basic Structure

4
11) Conclusion
5
 Introduction

The preamble to the Constitution of Bangladesh is the

introductory statement that sets out the guiding purpose and
principles of the document. The preamble is not an integral
part of the constitution in the sense that it is enforceable in a
court of law. Understanding the preamble to the Bangladesh
Constitution is important because it sets out the purposes or
functions of government as envisioned by the framers. In the
Preamble of Bangladesh Constitution function of the
government is described, and the function should be done by
the citizens in order to make a “more perfect democratic and
socialist country” is also describe.
 Concept of Preamble
 preamble is an introductory paragraph or part in a statute or
other document setting forth the grounds and intentions of it.
Not only a Constitution but also most of the statutes contain a
preamble. The preamble to an Act contains in a nutshell its
ideals and aspirations; in other words, it sets out the main
objectives which legislation is intended to achieve. It is a key to
the intention of the maker of the Act. Likewise the preamble to
a Constitution is its philosophy because it contains those ideals
and principals on the basis of which the whole structure of the
constitution is erected. But though in case of ordinary statues
much importance is not always attached to the preamble,
extreme importance is always attached to a preamble in a
constitutional statute. The preamble to a Constitution serves the
following three main purposes:

It indicates the source of the Constitution i.e. the legal and

moral basis of the Constitution.

It expresses in a nutshell the ideas and aspirations of the

Objectives of the Constitution. The declared objection is the
secure justice, liberty, equality and fraternity to all the citizens.
Thus, the preamble expresses the political, moral and religious
values which the constitution is intended to promote. It works
as the guiding star for the interpretation of the Constitution.
Concept of Constitution
A constitution is the rule book for a state.  It sets out the
fundamental principles by which the state is governed.  It
describes the main institutions of the state, and defines the
relationship between these institutions (for example,
between the executive, legislature and judiciary).  It places
limits on the exercise of power, and sets out the rights and
duties of citizens. 

Preamble of Bangladesh Constitution

In the Constitution 8th Amendment case Badrul Haider
Chowdhury, J. described the features of the Preamble to the
constitution of Bangladesh in the following words:
It takes notice of
 (i) people of Bangladesh have proclaimed independence on
26th March, 1971;
(ii) the fundamental principles of the Constitution shall be
the high ideals of absolute trust and faith in the Almighty
Allah, nationalism, democracy and socialism meaning
economic and social justice which inspired our heroic
people to dedicate themselves to and our brave martyrs
to sacrifice their lives in the war for national
independence;
(iii) fundamental aim of the State is to realize through
democratic process a socialist society in which the rule o
f law, fundamental human rights and freedom, equality
and justice will be secured ;
(iv) our sacred duty is to safeguard , protect, and defend this
Constitution and to maintain 'its supremacy as the embodiment
of the will of the people o f Bangladesh.

Importance of Preamble

It expresses in a nutshell the ideas and aspirations of the

Objectives of the Constitution. The declared objection is the
secure justice, liberty, equality and fraternity to all the
citizens. Thus, the preamble expresses the political, moral
and religious values which the constitution is intended to
promote.
 History of Preamble

The US Constitution adopted in 1787 for the first time

contained a Preamble and thenceforth most of the new
countries with written constitution are adopting a preamble
to their constitutions.

The Constitution of Bangladesh with a elaborate Preamble

was written and finally accepted on the 4th November, 1972
for conducting the state. It took effected from the 16th
December 1972. At a later stage at different times many
amendments to the constitution were made .According to
this amended constitution the state administration is going
on.

Significance of Preamble

 It expresses in a nutshell the ideas and aspirations of the

Objectives of the Constitution. The declared objection is the
secure justice, liberty, equality and fraternity to all the
citizens. Thus, the preamble expresses the political, moral
and religious values which the constitution is intended to
promote.
 Whether Preamble can be Amended?

The question was raised for the first time before the Indian
Supreme Court in Kesavananda Bharati’s case .It was argued
that since the preamble was a part of the Constitution. It
could be amended like any other provisions of the
constitution. The Court held that since the preamble is a part
of the constitution it can be amended subject to this
condition that the ‘basic features’ in the preamble cannot be
amended. The court said,

“The edifice of our constitution is based upon the basic

elements mentioned in the preamble. If any of these
elements are removed the structure will not survive and it
will not be the same constitution or it will fail to maintain its
identity. The preamble declares that the people of India
resolved to constitute their country into a Sovereign
Democratic Republic….. An amending power cannot be
interpreted so as to confer power on the parliament to take
away any of these fundamental and basic Characteristics of
policy”.
 Constitution of Bangladesh

The Provisional Government of Bangladesh issued

the Proclamation of Independence on 10 April 1971,
which served as the interim first Constitution of
Bangladesh. It declared “equality, human dignity and
social justice” as the fundamental principles of the
republic. East Pakistani members of Pakistan's federal
and provincial assemblies were transformed into
members of the Constituent Assembly of Bangladesh.
The constituent assembly had 404 members. After the
war, the Constitution Drafting Committee was formed
in 1972. The committee included 34 members with
Dr. Kamal Hossain as its chairman.
The Constitution Bill was introduced in the Assembly
on 12 October. Its first reading began on 19 October
and continued till 30 October. The second reading took
place from 31 October to 3 November. Manabendra
Narayan Larma made an impassioned appeal to
declare the term of citizenship as “Bangladeshi”
instead of “Bengali”. Larma argued that labeling all
citizens as Bengali discriminated against non-Bengali
communities, including his own Chakma ethnic group.
The third reading began on 4 November and it
approved 65 amendments to the Constitution Bill and
adopted and enacted the Constitution on 4 November.
The Constitution came into effect on 16 December
1972. A Westminster style political system was
established. It declared nationalism, socialism,
democracy and secularism as the fundamental
principles of the republic. It proclaimed fundamental
human rights, including freedom of speech, freedom of
religion, freedom of movement, freedom of assembly,
the right to education and public healthcare among
others. A two thirds vote of parliament was required to
amend the Constitution.
After winning the 1973 general election, the Awami
League government often flouted Constitutional rules
and principles. The government received strong
criticism from the Bangladeshi press, including both
Bengali and English newspapers. The Committee for
Civil Liberties and Legal Aid was formed to defend the
Constitution. The Awami League enacted three
Constitutional amendments between 1973 and 1975.
The most drastic amendment was in January 1975. It
introduced a one party state and a presidential
government, while the judiciary's independence was
greatly curtailed.

The Basic Structure

The four fundamental principles of the Constitution

are nationalism, socialism, democracy and
secularism. The Constitution endeavors to create a
socialist society in which the rule of law, fundamental
human rights and freedom, equality and justice,
political, economic and social, is secured for all its
citizens.

Conclusion

The preamble is a part of the Constitution but it is not necessarily

the part of the enacting or operative part of the Constitution, and
the court cannot enforce it directly. The preamble, therefore,
bears no legal significance. But it has other important
significance which is sometimes more than legal importance.

First, it is the preamble which identifies the legal source or base

of the Constitution. Legal base of the Constitution means
wherefrom the validity and power of the Constitution is derived,
Second, it indicates the moral basis or the philosophy of the
whole nation. The logic which works behind obeying a
Constitution as the supreme law is its moral philosophy.

Third, the preamble works as a guiding star for the whole

nation .Because it is pledged in the preamble that all government
al works would be administered in conformity with preamble and
taking it as a pole star.

Fourth, the preamble has a great interpretative significance.

Where any operative part of the Constitution is ambiguous the
preamble can be resorted to clarify that part or wordings.