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Why does the Constitution of Bangladesh also recognize the doctrine of basic structures? What is so unique about it?
The doctrine of basic structure is a legal principle that emphasizes that certain essential features of the Constitution cannot be erased by an act of the legislature. The principle was first developed in the Supreme Court of India in the 1960s and 1970s and was formally adopted in the 1973 case of Kesavananda Bharati v. State of Kerala. Significantly, the Constitution of Bangladesh explicitly recognizes this doctrine in Article 7B, which makes it special and unique in the global context.
"Article 7B of the Bangladesh Constitution states that no law or regulation can take away or alter the basic structure of the Constitution."
India's basic structural doctrine developed in the context of facing abuse of power by the legislature. The core of this doctrine is that although Congress has the power to amend the Constitution, it cannot undermine the basic structure of the Constitution. This idea has been continuously elaborated and reinforced by the case law of the Supreme Court, especially in the Kesavananda Bharati case, whose judgment meant that the power of Parliament to amend the Constitution is limited and cannot touch the basic structure.
As expressed in Bangladesh's constitution, the country's recognition of the doctrine of basic structures is both a nod to Indian jurisprudence and a reflection of its need for self-preservation. After experiencing long-term political turmoil and military regimes, Bangladesh understood the importance of protecting basic human rights and freedoms, and therefore wrote this doctrine into its constitution.
“The constitution of Bangladesh is designed to protect the dignity and freedom of the individual, which gives the doctrine of basic structures its peculiarities in this legal system.”
In Bangladesh's legal system, the uniqueness of the basic structure doctrine is reflected not only in the explicit provisions of its constitution, but also in the emphasis on citizens' rights. The introduction of this doctrine has made it impossible for certain core features of the Constitution, such as socialism, secularism and democratic principles, to be arbitrarily amended or revoked. This is in stark contrast to constitutional amendments in some other countries, especially those made through a simple majority vote of the legislature.
In addition, the basic structural doctrine of Bangladesh also emphasizes the crucial role of the judiciary in upholding the Constitution. According to the interpretation of the Bangladesh Supreme Court, any law or regulation that attempts to violate the basic structure of the Constitution will be deemed invalid. This has been extensively supported by precedents over the past few years, for example in a major case where the court explicitly stated that the government cannot arbitrarily interfere with or amend laws that touch upon basic structures.
"In Bangladesh, the basic structure of the constitution is considered inviolable as it is based on the dignity and freedom of the people."
This explicit recognition of the basic structural doctrine not only enhances the stability of the Constitution but also promotes citizens' trust in the rule of law. As an important tool to prevent abuse of legal power, this doctrine is particularly important in practice in Bangladesh. As this principle is further strengthened, Bangladesh's legal system will undoubtedly better protect the basic rights of the people.
Therefore, it is not only the continuation of legal principles, but also a thoughtful consideration of the country's future development. From this perspective, Bangladesh’s basic structural doctrine is not only a legal line of defense, but also the expectation and belief of a country’s people for a better future. One can’t help but wonder, in the face of globalization and social change, can Bangladesh’s legal system serve as a mirror for other countries?
