Amendments to the Constitution of Bangladesh and Good Governance [1991-2011]: A Review

Abstract

Constitution is the supreme law of a country. A modern state cannot be thought of without a Constitution, be it written or unwritten. All countries need Constitution in order to run smoothly. The entire legislative, executive and judicial functions of the state are guided and regulated by the Constitution. Change is the demand of time. To reflect the reality of life, necessity of the day as well as political purpose, the provision of constitutional amendment is highly required. Like other countries in the world, Bangladesh has a written constitution which has gone through 17 constitutional amendments since the time of its birth. In my study, I have analyzed four amendments (12th, 13th, 14th&15th) of Constitution which have been amended between 1991-2011 after re-introduction of parliamentary democracy and their contribution to establish good governance in Bangladesh. Democracy and good governance are related with each other. It is impossible to establish good governance without democracy. In spite of introducing parliamentary democracy in the country by the 12th amendment of Constitution in 1991 good governance could not reach its expected level in Bangladesh. Rather various kinds of elements of bad or poor governance are remaining here. By analyzing the 12th,13th, 14th and 15th amendment of Bangladesh Constitution and from the data received from the primary as well as secondary sources, it can be said that some articles of these amendment have played instrumental role to establish good governance and some are considered as barrier on the way to establish good governance. For example, 12th amendment of Constitution is considered as mile stone for democracy as well as good governance. On the other hand, 15th amendment is considered as barrier on the way of establishing good governance. Some articles have no relation with good governance and some articles have been inserted in the Constitution for the self interest of the ruling party and some to clear the way for next election, although, it has been done always in the name of public welfare irrespective of regimes. Besides this, the undemocratic and unethical practiced by politicians as well as people of various professions have created many problems such as massive corruption, nepotism, lack of rule of law, political anarchism and political instability which are considered as barrier on the way of establishing good governance in the country. In my study, I have critically analyzed the amendments that have been amended between1991-2011 and their positive as well as negative role on the way of establishing good governance.