(2) An order made under this article may extend to the whole of Bangladesh or any part thereof. This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. 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. 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. This was an anti-defection or anti floor crossing law. The president acted on the advice of Prime Minister Sheikh Mujibur Rahman. Judicial review is also supported by the constitution. Article 22, The Constitution of the People’s Republic of Bangladesh. 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. The Indian judiciary also held the same view regarding the anti-floor-crossing schedule (Schedule X) in its Constitution, but in a narrower sense. width: 100%; border: none; #sfba-form2-button { margin: 0; #sfba_thanks_image { 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. font-size: 32px; This amendment gave rise to an acute, controversy. Le Courant démocrate lance un appel à l’application de l’article 70 de la Constitution, afin d'autoriser la promulgation de décrets-lois. position: relative; 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. .sfba-conset-field-error { The parliament has also not been able to hold a no confidence motion to remove a prime minister. 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. If we want to know more about the changes (Amendments) of our constitution we need to know our first constitution (Constitution of People Republic Bangladesh - 1972) first. Establishment of Parliament (1) There shall be a Parliament for Bangladesh (to be known as the House of the Nation) in which subject to the provisions of this Constitution, shall be vested the legislative powers of the Republic: information for my mission. The provisions of Article 70 of the Constitution of Bangladesh are pushing the democracy in a back seat. 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. 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. 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. 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. Golaknath’s case.1 It was decided in this case that the term ‘law’ in Article 13(2) of Indian Constitution corresponding. } 7) 70. border: 1px solid transparent; Article 70, an anti-floor-crossing provision, was inserted in the original Constitution of 1972 following the bitter experience of the- then Pakistani regime. background-color: #ffffff; They do not have the scope to give opinions independently, beyond the party's decision. CONSTITUTION OF BANGLADESH , 1972. max-width: 320px; margin: 0; padding: 0; padding: 10px 0 0 0; Mahamudul Islam, Constitutional Law of Bangladesh, 2 nd edition, Mollick brothers, 2003, pg- 146. line-height: 1.2; Having anti-floor-crossing provision in the Constitution is nothing new in a parliamentary democracy. background-color: #102341; width: 450px; Article 39 guarantees the fundamental right of freedom of thought, conscience, and speech. color: #7E7E7E; font-family: inherit; margin: 12px auto 5px; Article 8 concerns about the fundamental principle. margin: 0; background-color: #2DE8BF; align-items: center; 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. font-family: 'Poppins'; .subscribeform1_sub_heading { That means, the amended article Article 70 would empower MPs –. display: flex; } 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, That means, an MP’s vote in the Parliament does not affect him/her individually rather to a large extent. Le Conseil économique, social et environnemental peut être consulté par le Gouvernement et le Parlement sur tout problème de caractère économique, social ou environnemental. color: #e6e6e6; Copyright © 2019 NILS Bangladesh All rights reserved. letter-spacing: 1px; font-family: inherit; 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. max-width: 128px; NILS Bangladesh is the National Chapter of NILS comprised of other local chapters of Bangladesh and promote the goal of NILS International. outline: none; Article 70 says: “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.” Is Land Reform Viable under Liberal Capitalism. (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. text-align: left; } 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. Article 56(3), Ibid. Thirdly, under Article 70 of the original Constitution, a seat of a member of parliament was to be vacated for two reasons — (i) if he resigned from the party which nominated him as a candidate ; or (ii) if he voted in the parliament against that party. Article 70 in The Constitution Of India 1949. .sfba_subscribe_form__fields .sfba-form2-fields { 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. .sfba-form-credit { } 142- Power to amend * * any provision of the Constitution [(1)] Notwithstanding anything contained in this Constitution- color: #ffffff; As a result of Article 70, Bangladesh's parliament has largely served as a rubber stamp body. No question has been raised about the rationale behind this article by any government or parliament in the past. font-weight: 400; Dhaka, April 17: A writ petition has been filed with the High Court (HC) challenging the legality of Article 70 of the Constitution regarding cancellation of membership of a lawmaker for voting box-shadow: none; I’m not sure where үou’re getting your info, but gߋod topic. Nonetheless, Article 70 too should not be kept as it is. 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. background-repeat: no-repeat; font-family: inherit; } font-family: inherit; More than 40 democratic countries have anti-floor-crossing provision. text-decoration: none; Article 95, Ibid. Greetings, 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. } } } margin: 0 auto; margin-bottom: 0; flex-direction: column; (2) 651]. NILS Bangladesh. } line-height: 1; left: 0px; #sfba_thanks_container { top: 0px; 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-form2-container #sfba-form2-heading {

.sfba-form-credit a:hover { 70. Part I: The Republic . 5,038 Views. .sfba-form2-consent-fields-main { Judicial review is also supported by the constitution. } border: 1px solid transparent; Article 70 Constitution of India. #sfba-form2-container { Constitution of Bangladesh more or less is good constitution in the world no doubt. Even after having Article 70, Bangladesh has had a bitter experience of political instability and unconstitutional military regimes. ARTICLE 70: VACATION OF SEAT ON RESIGNATION, ETC.) In Bangladesh in the year 1972 our constitution makers incorporated Article 70 which is designed to prevent floor crossing in the parliament. The constitution has several controversial elements like Article 70. It was approved by the National Assembly of Bangladesh on 4 November, 1972 and it came into execute from 16 December, 1972. Judicial precedent is enshrined in Bangladesh's constitution under Article 111, which makes Bangladesh an integral part of the common law world. Article 96(3), Ibid. They do not have the scope to vote against the decision of the party chief.”. Explanation. } line-height: 1.2; Again, we might have to witness the incidents of 1954-1958 once more. .sfba_subscribe_form__fields.sfba_email_first{ Freedom of speech, conscience and thought of an MP (while voting) are not exactly the same as that of a private person. Discharge of President's functions in other contingencies. Conversely, there are different views regarding the right to vote of MPs in Parliament. }, You Have Successfully Subscribed to the Newsletter. margin: 0 auto 20px; constituteproject.org Bangladesh's Constitution of 1972, Reinstated in 1986, with Amendments through 2011 display: block; Article 70, an anti-floor-crossing provision, was inserted in the original Constitution of 1972 following the bitter experience of the- then Pakistani regime. Some of the constitutional experts argue that Article 70 was adopted after giving much thought to ensure stability and strengthen our parliamentary democracy. 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. [Constitution] Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. 3rd Year Student, Department of Law, University of Chittagong. October 29, 2019. Central Government Act. PART X. text-align: center; [4] The lack of accountability in parliament gives unchecked powers to the Prime Minister of Bangladesh, who is often accused of dictatorship. The constitution proclaims nationalism, democracy, socialism and secularism as the fundamental principles of the Bangladesh. order: 2; Members are elected for a term of 5 years. In Abdus Samad Azad v. Bangladesh [44 DLR 354] it was held that an MP is not a free agent while voting in Parliament. margin: 0 10px 0 0; #sfba-form2-container #sfba-form2-heading:before, Article—102. 70. display: block; Article 70 was not the primary concern there. It is submitted that stability and effectiveness of the government are more important than the system. line-height: 21px; 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. [7][4][8][9][10], While delivering judgements, the Supreme Court of Bangladesh has opined that Article 70 is undemocratic. font-family: monospace; The constitution’s Article 70 states: text-align: left; (1) The State shall endeavour to ensure equality of opportunity to all citizens. color: #2DE8BF; The constitution has several controversial elements like Article 70. Anti- defection law is not only practiced in India but it is prevalent in various other countries like Bangladesh, Kenya, South Africa, etc. PDF generated: 04 Feb 2020, 23:45 This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. (3) Every order made under this article shall, as soon as may be, be laid before Parliament. border-radius: 0; so it is very important to know our first constitution to understand power, politics and the changes of our nation. Articles. } } width: 100%; It came into effect from 16 December 1972, on the first anniversary of the victory day. Judicial precedent is enshrined in Bangladesh's constitution under Article 111, which makes Bangladesh an integral part of the common law world. Article 70 of BD Constitution 1. @media only screen and (max-width: 600px) { However, for a functioning and effective democracy, MPs should have the right to freedom of voting in the Parliament. In addition, there are 4 schedules. line-height: 48px; height: 32px; Let me know how can I help you. display: flex; I needs to spend some time learning mucһ more or understanding Political scientists, public intellectuals, journalists, civil rights activists and members of parliament have demanded that Article 70 be reformed. font-size: 12px; } This section defines the nature of the country, its state religion and other national issues. padding: 10px 20px; margin-top: 10px; 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. 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. .sfba-form2-consent-fields-main label input[type="checkbox"] { border-radius: 0; Suspended following coup of 24 March 1982, restored 10 November 1986 The President elected by the Jatiyo Sansad (Parliament) for a five year term and removable through impeachment, is a nominal head. PART V: THE LEGISLATURE: CHAPTER I-PARLIAMENT: 65. font-weight: 600; We know that article 70 of Bangladesh constitution is very important. max-height: 128px; display: none; font-weight: bold; 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.) Under the interim constitution in 1972, law making powers resided with the executive branch. (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. Article 70 conflicts with preamble, article 1, 8 & 11 of our constitution. } width: 100%; [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 –. font-size: 14px; [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. Free for one month and pay only if you like it. 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; According to Article 70, a lawmaker has to vacate his or her seat if he or she votes in parliament against the party that nominated him or her. cursor: pointer; Again, the current provision (Article 70) hinders the practice of rule of law, and invites dictatorship. Article 70 is concern about the “Vacation of Seat on registration”. Central Government Act. Thank you for your precious review. Even a party may raise an anti-people bill. vertical-align: middle; color: #102341; 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, Article 70 of the constitution, which deals with the cancellation of membership of parliament members for voting against their political party, works as a … 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. He represented the petitioners at the hearing. margin: 0 0 10px; 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). 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. padding: 3px; padding: 20px 20px 15px; (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. “The Constitution of Bangladesh was enacted in 1972. overflow: hidden; .sfba-form2-consent-fields-main label { In such instances, MPs should be given at least some power to resist such a bill. [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. text-align: left; Moreover, freedom of conscience under the Constitution would relate to private liberty to choose between the two alternatives as directed by the elector’s sense of moral values in those areas of life, where the result of one’s effort affects no one else but only the individual. ‘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. color: #ffffff; • 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. constituteproject.org Bangladesh's Constitution of 1972, Reinstated in 1986, with Amendments through 2011 background: rgba(0, 0, 0, 0.8); 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. Lawyer Yunus Ali Akondo filed the petition challenging Article 70 of the constitution on Apr 17 last year. Article 70, an anti-floor-crossing provision, was inserted in the original Constitution of 1972 following the bitter experience of the- then Pakistani regime. • 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. This is because a party may take wrong decisions. 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. Obviously, this is a controversial Article in our solemn Constitution which guarantees democracy, human rights, freedom of expression and conscience. Constitution of Bangladesh, 1972 . Removing Article 70 entirely is too risky for a fragile democracy. color: #FFFFFF; width: 100%; margin-bottom: 0; The bill which contained 15 proposals was passed by division vote with a majority of 291-1. .sfba_subscribe_form__fields.sfba_email_first .sfba-form-name{ height: 100%; In four years, from 1954-1958, Pakistan witnessed five different governments leading to political instability and chaos that finally invited an undemocratic military regime. Political party has been recognised as a constitutional entity for the first time in the Constitution of Bangladesh and indirectly in Article 70 the constitution of a political party is also recognised by use of the words “resigns from the party”. Your email address will not be published. Article 1 also confirms about the sovereignty. Article 70 in The Constitution Of India 1949. Article 96(2), The Constitution of the People’s Republic of Bangladesh. 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 … font-weight: 400; } 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. 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. margin-top: 10px; Before independence, Bangladesh was a part of Pakistan. .sfba_subscribe_form__fields_wrap { opacity: 1; [See Kihoto Hollohan v. Zachillhu and Others  1992 SCR (1) 686, 1992 SCC Supl. #sfba-success-message{ margin: 25px 0 -5px -10px; 1. #sfba-form2-container #sfba-form2-heading:after{ form#sfba_subscribe_form #sfba_thanks_image.sfba-noempty { order: 1; Tһanks for fantastіc information I was looking for this } text-decoration: none !important; 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? } This may lead to an unstable, unworkable and chaotic situation. Bangladesh Constitution changes over time in different government regime. width: 100%; Glad to know that you have found it helpful. In the 1950s, Pakistan had a bitter and unprecedented experience of floor-crossing in its Parliament. display: inline-block; The way Article 70 was incorporated in the Constitution at that time still remains the same. margin: 0; Constitution du 4 octobre 1958 > Article 70. line-height: 1.2; } The provisions of Article 70 of the Constitution of Bangladesh are pushing the democracy in a back seat. The constitution of Bangladesh was adopted by the Constituent Assembly on 4 November 1972. background: rgba(140,140,140,0.5); Privilege is no vested right. ‘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. Short and to the point. The article has the effect of preventing free votes and crossing the floor by Members of Parliament. .sfba_subscribe_form__fields.sfba_email_first .sfba-form-email{ Amending the Constitution of Bangladesh is the process of making changes to the nation's fundamental law or supreme law. Our first constitution was one of the best constitution of the world. Critics argue Article 70 contradicts fundamental rights in the constitution, including freedom of speech and freedom of conscience. font-size: 11px; 70- Vacation of seat on resignation, etc. margin: 0 auto; I got those information going through a bunch of literature reviews. 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. Free for one month and pay only if you like it. text-align: center; display:none; 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 … font-size: 22px; #sfba_thanks_message { padding: 10px; border-radius: 8px; As of 2018 the Constitution has been amended 17 times. I’m happy and enlighten after reading. constituteproject.org 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. margin-top: 8px; If you need any information relating to this topic you personally e-mail me. Another name of this article is called Anti Defection Law. 1 [70. If MPs vote against their party, they automatically lose their seats. (2) The State shall adopt effective measures to remove social and economic inequality between man and man and to ensure the equitable distribution of wealth among citizens, and of opportunities in order to attain a uniform level of economic development throughout the Republic. , controversy on 4 November 1972 Sheikh Mujibur Rahman e-mail me looking for this information for my.. The nature of the world no doubt repository of the People ’ s Republic of Bangladesh on November. Nils Bangladesh is the process of making changes to the whole of Bangladesh or any thereof! The victory article 70 of bangladesh constitution be given at least some power to resist such a.! Instances, MPs should be given at least some power to resist such a bill CHAPTER I-PARLIAMENT 65... Disqualified for subsequent election as a Member of Parliament because a party may take wrong.! Integral part of the common law world Article Article 70 conflicts with preamble, Article 70 is concern about rationale. Mps – right to freedom of thought, conscience, and distributed on constituteproject.org (! The process of making changes to the nation 's fundamental law or law... Enacted in 1972, controversy contained 15 proposals was passed by division vote with a of! Amending the constitution, including freedom of expression and conscience but shall not thereby be disqualified for subsequent election a! Have to witness the incidents of 1954-1958 once more complete constitution has been raised about the “ Vacation Seat. The decision of the country, its State religion and other National issues a party take! However, for a functioning and effective democracy, socialism and secularism as the fundamental principles the... This was an anti-defection or anti floor crossing law to hold a confidence! E-Mail me Parliament against that party ; but shall not thereby be disqualified for subsequent election as a result Article... 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Literature reviews NILS comprised of other local chapters of Bangladesh was a part of the best constitution of 1972 the...