The Historical Background of the Constitution of Bangladesh and the Necessity of Its Reformation in the Present Context: A Suggestive Analysis

Abstract

This thesis examines the historical foundation of the Constitution of the People’s Republic of Bangladesh, its evolution through amendments, and the political, social, and legal contexts necessitating reform in the present era. Bangladesh’s Constitution was adopted on 4 November 1972 and came into effect on 16 December 1972 as the supreme law of the country, reflecting the aspirations of a newly independent nation committed to democracy, nationalism, socialism, secularism, and human rightsThe document has undergone seventeen amendments, shaping the contours of governance, fundamental rights, and institutional balances Through a historical lens, this study charts constitutional developments from its inception to landmark changes impacting democratic institutions and fundamental rights. It further assesses contemporary debates on constitutional reform — including arguments for extensive rewriting versus targeted amendments — against the backdrop of political crises, citizens’ confidence in the electoral process, and institutional integrity. The study also reflects on recent developments such as the proposed July National Charter of 2025 that seeks constitutional and institutional reforms following a major political uprising.The thesis argues that while the Constitution’s foundational principles remain robust, structural weaknesses and political contestations necessitate reform to enhance democratic governance, judicial independence, electoral credibility, and social inclusivity. Finally, the research proposes a framework for constitutional reform grounded in participatory consensus and human rights protection, addressing both legal theory and practical urgency.