Overview of Contemporary Regime in Bangladesh: In the Context of the Constitution and the Legislature

Abstract

This study attempts to overview the contemporary regime in Bangladesh in the context of the constitution and the legislature.  Constitutional complication has become an inevitability in third world politics. Bangladesh is not exceptional. If the constitution does  not reflect the culture and tradition of that country then it becomes difficult for the ruler to control the subjects. Many think that a  mixture of ideological thinking and reflection of the culture of that particular country can make a good constitution. Many also think  that the caretaker government gradually became compatible with the political culture of  Bangladesh. Independence of judiciary plays a role in progressive improvement of political culture. And in the context of Bangladesh it is also true that the independence of  judiciary has a relationship with the supreme judicial council. Hence, in the context of Bangladesh, 15th and 16th amendment to the  constitution refer to the constitutional complication. The study reveals that the governance system of Bangladesh now belongs to the  hybrid regime. Through jurisprudence and political philosophy, it is easy to understand that a type of constitutional dictatorship  prevails in Bangladesh. It is a common picture in Bangladesh like other third world countries. It is a qualitative research. The data of  this research is taken from secondary sources such as books, journals, internet. This can be easily understood by analyzing political  culture. Third world democracy means people‟s right to vote. Suffrage is the only one indicator of democracy in the third world.  Therefore, an impartial caretaker government system and the independence of the judiciary are essential to ensure fair voting. Third  world parliaments legislate in a way that is procedurally sound but not practical. That is called hypocrisy. Third world rulers follow the  language of the law but violate the spirit of the law. Parliaments make laws, but there are complications in implementing them.  Bangladesh is not exceptional of it. However, the 16th amendment to the constitution is now up for review in the appellate division following the government‟s review petition against the High Court judgment. However, if we juxtapose the increasingly authoritarian  tendencies of the ruling party, the absence of opposition in parliament, the constitutional mechanism for the upcoming elections and  above all article 70, it becomes clear that the new provision seeks to establish control over the judiciary.