font-size: 32px; Tһanks for fantastіc information I was looking for this font-weight: 400; font-family: monospace; Article 70, an anti-floor-crossing provision, was inserted in the original Constitution of 1972 following the bitter experience of the- then Pakistani regime. text-align: left; Article 96(3), Ibid. ‘Anti-floor-crossing’ denotes voting against one’s own party in the Parliament or resigning from the Parliament in order to take the side of the other party in the house. } margin: 0; Short and to the point. order: 1; (4) If any dispute arises as to whether a member of Parliament has, after his election, become subject to any of the disqualifications mentioned in clause (2) or as to whether a member of Parliament should vacate his seat pursuant to article 70, the dispute shall be referred to the Election Commission to hear and determine it and the decision of the Commission on such reference shall be final. More than 40 democratic countries have anti-floor-crossing provision. Introduction and passing of Bills.— (1) A Bill with respect to any matter in the Federal Legislative List may originate in either House and shall, if it is passed by the House in which it originated, be transmitted to the other House; and, if the Bill is passed without amendment by the other House also, it shall be presented to the President for assent. (2) This Constitution is, as the solemn expression of the will of the people, the supreme law of the Republic, and if any other law is inconsistent with this Constitution that other law shall, to the extent of the inconsistency, be void. Le Courant démocrate lance un appel à l’application de l’article 70 de la Constitution, afin d'autoriser la promulgation de décrets-lois. This amendment gave rise to an acute, controversy. padding: 0 15px; padding: 10px 0 0 0; background-image: url(''); 7) width: 450px; Article 70, an anti-floor-crossing provision, was inserted in the original Constitution of 1972 following the bitter experience of the- then Pakistani regime. Our first constitution was one of the best constitution of the world. Moreover, freedom of conscience under the Constitution would relate to private liberty to choose between the two alternatives as directed by the elector’s sense of moral values in those areas of life, where the result of one’s effort affects no one else but only the individual. background-color: #ffffff; } MPs should have the right to vote like an ordinary citizen as the right to vote is equivalent to freedom of thought, conscience, and speech. margin-top: 8px; letter-spacing: 1px; • Section 57 of The Information and Communication Technology (ICT) (Amendment) Act, 2013 Ordinance as it might lead to further arrests and harassment of political rights defenders. The constitution of Bangladesh is divided into 11 parts, which are further subdivided into 153 articles. 70. (b) votes in Parliament against that party ; but shall not thereby be disqualified for subsequent election as a member of Parliament. NILS Bangladesh is the National Chapter of NILS comprised of other local chapters of Bangladesh and promote the goal of NILS International. The subject matter of Article 70 is within the exclusive domain of the Election Commission and the Speaker has neither any constitutional authority nor any statutory authority to thwart a decision by the Election Commission by including the subject matter in a parliamentary proceeding and by pre-empting any decision under the cover of a ruling which will be a usurpation of the constitutional power of the … [7], http://bdlaws.minlaw.gov.bd/print_sections_all.php?id=376, http://cpd.org.bd/pub_attach/To%20Amend%20Article%2070%20or%20not.pdf, "70. margin: 0 0 10px; width: 100%; Constitution of Bangladesh more or less is good constitution in the world no doubt. .sfba_subscribe_form__fields.sfba_email_first{ .sfba-form2-consent-fields-main label { This section defines the nature of the country, its state religion and other national issues. constituteproject.org PART X. Article 70 of BD Constitution 1. border-radius: 8px; font-family: inherit; Establishment of Parliament (1) There shall be a Parliament for Bangladesh (to be known as the House of the Nation) in which subject to the provisions of this Constitution, shall be vested the legislative powers of the Republic: There have been ongoing controversies and debates on some aspects of the current Bangladesh Constitution, especially every government came to power and amend the constitution according to their will. more. flex-direction: column; line-height: 21px; } In Abdus Samad Azad v. Bangladesh [44 DLR 354] it was held that an MP is not a free agent while voting in Parliament. padding: 10px 20px; Before independence, Bangladesh was a part of Pakistan. This was an anti-defection or anti floor crossing law. #sfba-success-message{ (Art. so it is very important to know our first constitution to understand power, politics and the changes of our nation. 1) to vote against the party with prior approval of the party; 2) However, not to vote against their party in a motion of no-confidence (as stability is of paramount importance in a fragile democracy like Bangladesh). } The president acted on the advice of Prime Minister Sheikh Mujibur Rahman. Your email address will not be published. Now, a question may arise as to what triggered the Constituent Assembly to insert such a controversial and contradictory provision to the spirit of our Constitution? display: flex; Article 70 was not the primary concern there. } Some of the constitutional experts argue that Article 70 was adopted after giving much thought to ensure stability and strengthen our parliamentary democracy. information for my mission. max-width: 320px; If MPs vote against their party, they automatically lose their seats. The constitution has several controversial elements like Article 70. NILS Bangladesh organizes workshop, seminar Competition, conference as the attempt of enhancing skill to develop inherent potentiality and increase opportunity of Law Students by representing themselves, their department and their Country through dynamic activities in this fastest growing world. Judicial review is also supported by the constitution. #sfba-form2-container { No question has been raised about the rationale behind this article by any government or parliament in the past. Anti- defection law is not only practiced in India but it is prevalent in various other countries like Bangladesh, Kenya, South Africa, etc. background-size: cover; Article 56(3), Ibid. Copyright © 2019 NILS Bangladesh All rights reserved. It was approved by the National Assembly of Bangladesh on 4 November, 1972 and it came into execute from 16 December, 1972. Critics argue Article 70 contradicts fundamental rights in the constitution, including freedom of speech and freedom of conscience. 5,038 Views. (3) Every order made under this article shall, as soon as may be, be laid before Parliament. It can be amended giving scope to MPs to vote against the party after prior approval of the party, except on the motion of no confidence. Article 70, an anti-floor-crossing provision, was inserted in the original Constitution of 1972 following the bitter experience of the- then Pakistani regime. Again, we might have to witness the incidents of 1954-1958 once more. Bangladesh Constitution changes over time in different government regime. background: rgba(140,140,140,0.5); border-radius: 0; } constituteproject.org Bangladesh's Constitution of 1972, Reinstated in 1986, with Amendments through 2011 } Another name of this article is called Anti Defection Law. .sfba_subscribe_form__fields.sfba_email_first .sfba-form-email{ Article 70(1) of the constitution of Bangladesh says: "A person elected as a member of parliament at an election at which he was nominated as a candidate by a … font-family: inherit; width: 100%; background-color: #2DE8BF; font-size: 12px; Article—102. display:none; The constitution proclaims nationalism, democracy, socialism and secularism as the fundamental principles of the Bangladesh. line-height: 1; } Bangladesh Code is the Codification of all existing Acts of Parliament, Ordinances and President’s Order (except Regulations and purely amending laws) in force in Bangladesh printed in chronological order. width: 100%; Article 70 in The Constitution Of India 1949. In addition, there are 4 schedules. align-items: center; 142- Power to amend * * any provision of the Constitution [(1)] Notwithstanding anything contained in this Constitution- The provisions of Article 70 of the Constitution of Bangladesh are pushing the democracy in a back seat. color: #ffffff; position: absolute; #sfba-form2-container #sfba-form2-heading:after{ .sfba-form-credit a { (2) The State shall adopt effective measures to remove social and economic inequality between man and man and to ensure the equitable distribution of wealth among citizens, and of opportunities in order to attain a uniform level of economic development throughout the Republic. But the problem with Article 70 is that, it automatically vacates the seats of MPs without giving them any opportunity to defend their stances. Parliament may make such provisions as it thinks fit for the discharge of the functions of the President in any contingency not provided for in this Chapter. font-family: inherit; I needs to spend some time learning mucһ more or understanding Justice Ashraful Kamal observed in his order that raising question with the article 70 is demeaning the 403 members of the GonoParishad (national assembly) including Father of the Nation Bangabandhu Sheikh Mujibur Rahman as well as the people of Bangladesh and the constitution and is a violation of the constitution. Article 1 also confirms about the sovereignty. Article 70 Constitution of India. Article 22, The Constitution of the People’s Republic of Bangladesh. A writ petition was filed with the High Court (HC) yesterday challenging the legality of Article 70 of the constitution, which allows the cancellation of membership of a lawmaker for voting against his or her political party. The bill which contained 15 proposals was passed by division vote with a majority of 291-1. In Bangladesh in the year 1972 our constitution makers incorporated Article 70 which is designed to prevent floor crossing in the parliament. border: none; opacity: 1; This is because a party may take wrong decisions. Article 70. The parliament has also not been able to hold a no confidence motion to remove a prime minister. constituteproject.org Bangladesh's Constitution of 1972, Reinstated in 1986, with Amendments through 2011 [Constitution] Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. background-color: #102341; Thus, Article 70 states that if a member of the Parliament votes against or resigns from the political party he/she was nominated from, he/she shall vacate his/her seat in the Parliament. font-size: 14px; 70- Vacation of seat on resignation, etc. margin: 0 auto; However, for a functioning and effective democracy, MPs should have the right to freedom of voting in the Parliament. Members are elected for a term of 5 years. CONS TITUTION OF THE PEOP LE 'S R E P U B L IC O F B A N G L A D E S H 4th November 1 972 P R E A M B L E W e, the people of B angladesh, having proclaim ed our Independence on the 26th day of M arch, Free for one month and pay only if you like it. Central Government Act. The High Court has issued a split decision on the constitutionality of Article 70, which requires members of parliament to vacate their seats for switching or voting against their parties. margin: 25px 0 -5px -10px; Conversely, there are different views regarding the right to vote of MPs in Parliament. Under the interim constitution in 1972, law making powers resided with the executive branch. height: 100%; vertical-align: middle; Required fields are marked *, #sfba-form2-container{ Article 39 guarantees the fundamental right of freedom of thought, conscience, and speech. margin: 0; Greetings, Le Conseil économique et social peut être également consulté par le Gouvernement sur tout problème de caractère économique ou social intéressant la République ou la Communauté. .subscribeform1_sub_heading { padding: 3px; font-size: 13px , unworkable and chaotic situation distributed on constituteproject.org our nation through a bunch of literature reviews should. Speech and freedom of conscience local chapters of Bangladesh and promote the goal NILS., this is because a party may take wrong decisions called anti Defection law individually rather to a large.! Spend some time learning mucһ more or less is good constitution in the Parliament also... 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