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Bangladesh - Constitution

Bangladesh is a republic with a non-executive president. Under the Twelfth Constitutional Amendment (1991), there is a parliamentary system. The unicameral parliament comprises 300 members elected by universal adult franchise. One parliamentary candidate can stand in up to five constituencies. If a candidate wins in more than one constituency a by-election or by-elections are called.

Executive power is with the prime minister, who heads a council of ministers, and whose advice is necessary for all presidential acts. Parliament may sit no longer than five years. Constitutional amendments require a two-thirds majority of parliament. Local government is by village and district councils. Detention without trial is allowed during a state of emergency, and also under the Special Powers Act (1974).

In the Thirteenth Constitutional Amendment (1996), there was provision for a neutral caretaker government with a limited life and limited functions. It would govern the country in the period after the dissolution of each parliament and before the formation of the new government following a general election. The primary function of the caretaker government would be to ‘give to the Election Commission all possible aid and assistance that may be required for holding the general election of members of parliament peacefully, fairly and impartially’. The constitution stipulates that the caretaker government may undertake ‘routine functions’, but will take no policy decisions except as required by such functions.

Under the 14th amendment (May 2004), parliament comprises 345 members, with 45 additional seats reserved for women, who are appointed by the parties in the same proportions as the elected members.

In November 2007 the caretaker government declared the independence of the judiciary from the executive, following a directive issued by the Supreme Court in December 1999 – in accordance with Article 22 of the Constitution of Bangladesh. Previous elected governments of the Bangladesh Nationalist Party and Awami League had effectively filibustered implementing the directive.