Assignment on Article 70 of the constitution of People ’s Republic Of Bangladesh

The Constitution of Bangladesh is the supreme law of Bangladesh. It proclaims Bangladesh as a secular democratic republic, declares the fundamental rights and freedoms of Bangladeshi citizens, spells out the fundamental principles of state policy, and establishes the structure and functions of the executive, legislative and judicial branches of the republic. Passed by the Constituent Assembly of Bangladesh on November 4, 1972, it came into effect from December 16, 1972, on the first anniversary of Bangladesh's victory over Pakistan in the Liberation War. The constitution proclaims nationalism, democracy, socialism and secularity as the national ideals of the Bangladeshi republic.

The Preamble includes secularism, nationalism, socialism and democracy. 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;

Article 70 of the constitution of Bangladesh
Article 70 of our constitution 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.”

This is indeed a bad restriction which simply impedes the true spirit of a democracy. We can not have a functional parliament if we have such a provision in effect.

Some may argue that we need such a provision in order to prevent MPs from switching sides too frequently and effectively causing the government to fall. This can cause instability in our country.

Article 70 is concern about the “Vacation of Seat on registration”. It is said that in article 70 that if a person, elected as a member of parliament by election which he was nominated on behalf a political party and his seat will be vacate if he gives vote against his party which is against the Democracy. Here is noticeable that the leader or prime minister has exclusive power over the members of his party. S/he can enforce this power whenever she wants. She also encourages to themember of her party to give vote in favor of her or her party. We know that opposition leader give a proposal of non-confidence motion to the speaker at any time. We also know that a prime minister exists as a team leader until 151 seats behind him/her. If the prime minister fails to prove 151 seats behind her, then s/he will be collapsed and his/her designation will be lost.

Article 70 conflicts with preamble, article 1, 8 & 11 of our constitution. 1st of all, it has been said that in preamble of our constitution that we the people of sovereign People’s Republic of Bangladesh. Article 1 also confirms about the sovereignty. Article 8 concerns about the fundamental principle. We know that the number of fundamental principles is four. “Democracy” is one of them. Article 11 says about democracy & Human Rights. But article 70 of ourconstitution is against this democracy and human rights.

From overall discussion, we can say that article 70 our constitution should be amended but not totally abolished. If article 70 is totally abolished, then we don’t find any stable government. Because then theMember of Parliament will exercise their right when they desire. According to me, Article 70 is applicable in the case of Non-confidence Motion & Money Bill. But in the case of Ordinary Bill, Article 70 should not be applicable.