The Constituent Assembly of Bangladesh played a pivotal role in the birth and development of the modern nation of Bangladesh. Established shortly after the country achieved independence from Pakistan in 1971, the assembly was tasked with drafting the constitution that would lay the foundation for the new state. This body symbolized the hopes, aspirations, and determination of the people of Bangladesh to govern themselves as a sovereign, democratic, and secular nation. Its work was instrumental in creating the legal and political framework that continues to shape the country today.
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The Constituent Assembly of Bangladesh
Historical Context
The journey towards the formation of the Constituent Assembly of Bangladesh can be traced back to the political struggles of the Bengali people under the oppressive regime of Pakistan. Bangladesh, formerly East Pakistan, was geographically separated from West Pakistan and subjected to long-standing economic, political, and cultural marginalization. This culminated in the brutal repression of Bengali people during the Bangladesh Liberation War of 1971. After the victory of the Mukti Bahini (Freedom Fighters) and the declaration of independence, there was an urgent need to establish a constitutional framework to govern the new country.
On March 26, 1971, the independence of Bangladesh was proclaimed, and following a nine-month-long war, the victory was secured on December 16, 1971. Bangladesh faced the monumental challenge of rebuilding a war-torn society, while also establishing a democratic government to represent its people and preserve the hard-fought freedoms. The Constituent Assembly was therefore tasked with articulating the vision of a nation built on the values of democracy, secularism, socialism, and nationalism.
Formation of the Constituent Assembly
In 1972, after the liberation of Bangladesh, the Provisional Government of Bangladesh under the leadership of Prime Minister Sheikh Mujibur Rahman took swift steps to create a Constituent Assembly. The assembly was formed primarily by members who had been elected in the general elections held in Pakistan in 1970. During those elections, the Awami League, led by Sheikh Mujibur Rahman, had won an overwhelming majority in East Pakistan, securing 160 out of the 162 seats allocated to the region.
This overwhelming electoral mandate gave Sheikh Mujibur Rahman and the Awami League the political legitimacy to lead the new nation’s constitutional process. Thus, the members of the 1970 election formed the core of the Constituent Assembly, representing the people’s voice in the constitution-making process.
Objectives of the Constituent Assembly
The primary goal of the Constituent Assembly was to draft and adopt a constitution for the newly formed state of Bangladesh. The assembly’s work was guided by the aspirations of the Bengali people for independence and their desire to build a democratic, just, and equitable society. The key objectives were as follows:
- Establishing a Democratic Government: Bangladesh sought to establish itself as a parliamentary democracy where the rule of law, human rights, and civil liberties would be upheld. The assembly aimed to create a government system where the executive, legislative, and judicial branches were separate but co-equal, providing a framework for accountability and governance.
- Secularism: Given the historical context of religious oppression and divisions under the Pakistani regime, secularism became a core pillar of the constitution. The assembly sought to ensure that Bangladesh would be a nation where religion and politics were separated, and people of all faiths could live in harmony.
- Socialism and Economic Justice: The assembly aimed to ensure that the constitution would promote an equitable distribution of wealth and resources. The principles of socialism were embedded in the constitutional framework to ensure the economic empowerment of all citizens, particularly the marginalized, through state intervention in key areas like health, education, and employment.
- Bengali Nationalism: The assembly sought to enshrine the ideals of Bengali nationalism, the primary driving force behind the independence movement. This principle would unite the people under a common cultural identity, language, and history, recognizing the uniqueness of Bengali culture and the sacrifices made during the Liberation War.
Drafting the Constitution
The drafting of the constitution began in early 1972, with Dr. Kamal Hossain, a prominent lawyer and member of the Constituent Assembly, leading the drafting committee. Over several months, the committee worked diligently, consulting with various stakeholders and ensuring that the final document would reflect the will of the people.
Members of the committee are included below.
- Kamal Hossain (MNA- Dhaka-9)
- Md. Lutfor Rahman (MNA- Rangpur-4)
- Abu Sayeed (MNA- Pabna-5)
- M Abdur Rahim (MPA-Dinajpur-7)
- M Amir-ul Islam (MNA- Kushtia-1)
- Mohammad Nurul Islam Manjur (MNA- Bakerganj-3)
- Abdul Muntakim Chowdhury (MNA- Sylhet-5)
- Khitish Chandra Mondal (MPA-Bakerganj-15)
- Suranjit Sengupta (MNA- Sylhet-2)
- Syed Nazrul Islam (MNA- Mymensingh-17)
- Tajuddin Ahmad (MNA- Dhaka-5)
- Khandakar Mushtaq Ahmed (MNA- Cumilla -8)
- AHM Qamaruzzaman (MNA- Rajshahi-6)
- Abdul Momin Talukdar (MNA- Pabna-5)
- Abdur Rouf (MNA- Rangpur-11)
- Mohammad Baitullah (MNA- Rajshahi -3)
- Barrister Badal Rashid,[17] Bar-at-Law. P.A Of Tajuddin Ahmad Of Mujib Nagar Sarkar.
- Khandaker Abdul Hafiz (MNA- Jessore 7)
- Shaukat Ali Khan (MNA- Tangail-2)
- Md Humayun Khalid
- Asaduzzaman Khan (MPA- Jessore-10)
- A. K. Mosharraf Hossain Akhand (MNA-Mymensingh-6)
- Abdul Momin
- Shamsuddin Molla (MNA-Faridpur-4)
- Sheikh Abdur Rahman (MNA-Khulna-2)
- Fakir Sahab Uddin Ahmed
- Khurshed Alam (MNA-Cumilla-7)
- Sirajul Haque (MNA-Cumilla-4)
- Dewan Abul Abbas (MNA-Cumilla-5)
- Abdur Rashid (MNA-Noakhali-)
- Hafez Habibur Rahman (MNA-Cumilla-12)
- Nurul Islam Chowdhury (MPA-Chattragram-6)
- Muhammad Khaled (MPA-Chattragram—5)
- Begum Razia Bano (MNA-women’s seats).
The draft constitution was presented to the Constituent Assembly on October 12, 1972. The assembly debated the provisions of the draft over several sessions, with members expressing their views on the structure of government, the rights of citizens, and the principles that should guide the new nation. After rigorous discussions, the constitution was finally adopted on November 4, 1972, and came into effect on December 16, 1972—the first anniversary of Bangladesh’s victory in the Liberation War.
Key Features of the Constitution of Bangladesh
The constitution that emerged from the Constituent Assembly laid the groundwork for Bangladesh’s political and social order. Some of the key features include:
- Fundamental Rights and Freedoms: The constitution enshrined fundamental rights for all citizens, including the right to equality, freedom of speech, freedom of religion, and the right to personal liberty. These provisions were aimed at protecting the civil liberties of all individuals and preventing any future authoritarian rule.
- Parliamentary Democracy: Bangladesh adopted a parliamentary system of government, with the Jatiya Sangsad (National Parliament) at the center of its legislative process. The Prime Minister, as the head of government, is accountable to the parliament, while the President serves as the ceremonial head of state.
- Secularism: Secularism was one of the four fundamental principles of the constitution. It was intended to prevent religious discrimination and ensure that the state would treat all religions equally.
- Socialism: The constitution embraced socialism, with a focus on ensuring economic justice for all citizens. It called for state control of key industries, the nationalization of banks and insurance companies, and land reforms to redistribute wealth more equitably.
- Bengali Nationalism: The constitution emphasized Bengali culture, language, and identity as the cornerstone of national unity. It aimed to foster a sense of pride in Bangladesh’s heritage while encouraging solidarity among its people.
Legacy of the Constituent Assembly
The work of the Constituent Assembly of Bangladesh laid the foundation for the nation’s legal and political systems. The constitution it created remains the supreme law of the land, guiding the governance and development of Bangladesh. The principles of democracy, secularism, socialism, and nationalism enshrined in the constitution continue to shape the country’s identity and its political discourse.
Over the years, Bangladesh’s constitution has undergone several amendments, reflecting the evolving needs of the country. However, the core values established by the Constituent Assembly remain central to the nation’s ethos. The Constituent Assembly’s work is a testament to the determination of the people of Bangladesh to forge a just and democratic society, despite the immense challenges they faced after gaining independence.
The Constituent Assembly of Bangladesh was more than just a legislative body; it was a symbol of the collective aspirations of the people of Bangladesh for a better future. Its work gave birth to a constitution that has provided the legal framework for one of South Asia’s most vibrant democracies. Today, the values enshrined by the assembly continue to guide Bangladesh as it moves forward, ensuring that the sacrifices made during the Liberation War are honored through the establishment of a just and equitable society.
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