Bangladesh must have a constitution. The question, what is it?

As Chief justice Khairul Haque suggests, after 5th amendment verdict, the constitution has been automatically amended. In that case, per Chief Justice’s instructions, the the preamble and four basic principles will be like this,

We, the people of Bangladesh, having proclaimed our Independence on the 26th day of March, 1971 and through a historic struggle for national liberation, established the independent, sovereign People’s Republic of Bangladesh;

Pledging that the high ideals of nationalism, secularity, democracy and socialism, which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in the struggle for national liberation, shall be fundamental principles of the Constitution;

Further pledging that it shall be a fundamental aim of the State to realise through the democratic process, a socialist society free from exploitation, a society in which the rule of law, fundamental human rights and freedoms, equality and justice, political, economic and social, will be secured for all citizens;

However the constitution our CJ took oath to protect ( when he was sworn in a High Court Judge, Appellate division judge and Chief Justice), which was developed in 1972, Amended 13 times by 1st, second, 3rd and 4th parliament was not the same constitution.  Ruling party leadership as well as opposition leadership suggests this to be our constitution unless a new amendment passes parliament.  This specific constitution has a preamble with different four basic principles which are read in the following way,

We, the people of Bangladesh, having proclaimed our Independence on the 26th day of March, 1971 and through a historic war for national independence, established the independent, sovereign People’s Republic of Bangladesh;

Pledging that 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, shall be fundamental principles of the Constitution;

Further pledging that it shall be a fundamental aim of the State to realise through the democratic process to socialist society, free from exploitation-a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens;

Question may arise can a justice, taking oath to protect a constitution, change it? If he had a problem with that constitution, why he would take oath to protect it?

And most importantly, what is the constitution of Bangladesh today? If a case that requires interpretation of constitution, goes in front of appellate division tomorrow– which four basic principle our justices will uphold?

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