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. In Bangladesh in the year 1972 our constitution makers incorporated Article 70 which is designed to prevent floor crossing in the parliament. Suspended following coup of 24 March 1982, restored 10 November 1986 The President elected by the Jatiyo Sansad (Parliament) for a five year term and removable through impeachment, is a nominal head. background: rgba(0, 0, 0, 0.8); Our first constitution was one of the best constitution of the world. line-height: 1; 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, line-height: 48px; 7) color: #FFFFFF; [4] The lack of accountability in parliament gives unchecked powers to the Prime Minister of Bangladesh, who is often accused of dictatorship. font-weight: 400; 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. } The constitution of Bangladesh is divided into 11 parts, which are further subdivided into 153 articles. Some argue that Article 70 is a contradiction with the spirit of our Constitution and/or with some other provisions of the Constitution itself (Article 11, 39, etc.) As of 2018 the Constitution has been amended 17 times. 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. }

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.sfba-form-credit a:hover { Article 70 was made as a result of the Bangladesh Constituent Assembly (Cessation of Membership) Order 1972,[1] promulgated by President Justice Abu Sayeed Chowdhury. #sfba-form2-container { .sfba-form2-consent-fields-main { text-align: center; Constitutional Law drawn primarily from the constitution, including from such sources as decisions of the Supreme Court, legislation like the Representation of People Order (1972), the Rules of Procedure of Jatiya Sangsad, and constitutional conventions like the convention of consultation with the Chief Justice regarding appointment of the judges of the Supreme Court. Removing Article 70 entirely is too risky for a fragile democracy. Before independence, Bangladesh was a part of Pakistan. color: #2DE8BF; so it is very important to know our first constitution to understand power, politics and the changes of our nation. 70. I’m not sure where үou’re getting your info, but gߋod topic. If we want to know more about the changes (Amendments) of our constitution we need to know our first constitution (Constitution of People Republic Bangladesh - 1972) first. } color: #7E7E7E; The constitution proclaims nationalism, democracy, socialism and secularism as the fundamental principles of the Bangladesh. } But the problem with Article 70 is that, it automatically vacates the seats of MPs without giving them any opportunity to defend their stances. • 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. margin: 0; 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. Is Land Reform Viable under Liberal Capitalism. display: flex; background: rgba(140,140,140,0.5); Article 70, an anti-floor-crossing provision, was inserted in the original Constitution of 1972 following the bitter experience of the- then Pakistani regime. Article 70, an anti-floor-crossing provision, was inserted in the original Constitution of 1972 following the bitter experience of the- then Pakistani regime. Article 70, an anti-floor-crossing provision, was inserted in the original Constitution of 1972 following the bitter experience of the- then Pakistani regime. Vacation of seat on resignation or voting against political party", "Article 70: Contradiction with the spirit of the constitution | Dhaka Tribune", "Monolithic power makes PM Sheikh Hasina a 'dictator', says BNP Chairperson Khaleda Zia", "Bangladesh's PM rejects claims of repression: 'I do politics for the people' | World news", http://www.biiss.org/biiss_journal/january_2010.pdf, "Calls for review of Constitution, Article 70", "Awami League MP wants to allow vote against National budget", https://en.wikipedia.org/w/index.php?title=Article_70_of_the_Constitution_of_Bangladesh&oldid=997590294, Creative Commons Attribution-ShareAlike License, This page was last edited on 1 January 2021, at 08:03. font-family: monospace; Again, we might have to witness the incidents of 1954-1958 once more. Article 95, Ibid. .sfba_subscribe_form__fields.sfba_email_first{ (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. The Constitution of the People's Republic of Bangladesh was adopted and enacted on 4 November 1972, after the victory of the independent country on 16 December 1971. It was approved by the National Assembly of Bangladesh on 4 November, 1972 and it came into execute from 16 December, 1972. Nonetheless, Article 70 too should not be kept as it is. The constitution’s Article 70 states: text-align: center; .sfba_subscribe_form__fields.sfba_email_first .sfba-form-email{ width: 100%; background-color: #ffffff; In the 1950s, Pakistan had a bitter and unprecedented experience of floor-crossing in its Parliament. This section defines the nature of the country, its state religion and other national issues. Thank you for your precious review. } [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. height: 32px; opacity: 1; padding-left: 15px; margin: 0 auto; 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). padding: 0 15px; Amending the Constitution of Bangladesh is the process of making changes to the nation's fundamental law or supreme law. PDF generated: 04 Feb 2020, 23:45 This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. border: 1px solid transparent; (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. background-color: #2DE8BF; letter-spacing: 1px; In four years, from 1954-1958, Pakistan witnessed five different governments leading to political instability and chaos that finally invited an undemocratic military regime. 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. background-image: url(''); .sfba_subscribe_form__fields.sfba_email_first .sfba-form-name{ font-family: 'Poppins'; position: relative; .sfba_subscribe_form__fields_wrap { border-radius: 0; The provisions of Article 70 of the Constitution of Bangladesh are pushing the democracy in a back seat. Article 22, The Constitution of the People’s Republic of Bangladesh. vertical-align: middle; Voir; Voting results; En cas de dissolution de l’Assemblée des représentants du peuple, le président de la République peut émettre des décrets lois, avec l’accord du chef du gouvernement, qui seront soumis à l’approbation de l’assemblée lors de la session ordinaire qui suit. Privilege is no vested right. display: none; [7][4][8][9][10], While delivering judgements, the Supreme Court of Bangladesh has opined that Article 70 is undemocratic. (2) 651]. (b) votes in Parliament against that party ; but shall not thereby be disqualified for subsequent election as a member of Parliament. That means, the amended article Article 70 would empower MPs –. padding: 10px; font-size: 11px; Bangladesh Constitution changes over time in different government regime. font-weight: 600; (Art. Article 39 guarantees the fundamental right of freedom of thought, conscience, and speech. The constitution of Bangladesh was adopted by the Constituent Assembly on 4 November 1972. I’m happy and enlighten after reading. .subscribeform1_sub_heading { #sfba_thanks_message { margin-top: 8px; Constitution of Bangladesh more or less is good constitution in the world no doubt. cursor: pointer; color: #ffffff; }, You Have Successfully Subscribed to the Newsletter. Article 70 of the constitution, which deals with the cancellation of membership of parliament members for voting against their political party, works as a … This may lead to an unstable, unworkable and chaotic situation. Article 96(2), The Constitution of the People’s Republic of Bangladesh. information for my mission. Critics argue Article 70 contradicts fundamental rights in the constitution, including freedom of speech and freedom of conscience. width: 450px; The article has the effect of preventing free votes and crossing the floor by Members of Parliament. width: 100%; 70- Vacation of seat on resignation, etc. position: absolute; Political party has been recognised as a constitutional entity for the first time in the Constitution of Bangladesh and indirectly in Article 70 the constitution of a political party is also recognised by use of the words “resigns from the party”. Article 70 in The Constitution Of India 1949. color: #e6e6e6; Article 70 of the Constitution of Bangladesh is a controversial clause restricting voting freedom in the Parliament of Bangladesh, written in the country's constitution. text-align: left; No question has been raised about the rationale behind this article by any government or parliament in the past. } #sfba_thanks_image { 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. Le Conseil économique, social et environnemental peut être consulté par le Gouvernement et le Parlement sur tout problème de caractère économique, social ou environnemental. The prime minister was annoyed when a lawmaker from his own party, K. M. Obaidur Rahman, raised a question in the Constituent Assembly of Bangladesh, as to why the assembly had no law making powers. text-decoration: none; ‘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 auto 20px; The way Article 70 was incorporated in the Constitution at that time still remains the same. margin: 0 0 10px; font-size: 12px; form#sfba_subscribe_form #sfba_thanks_image.sfba-noempty { In such instances, MPs should be given at least some power to resist such a bill. Even after having Article 70, Bangladesh has had a bitter experience of political instability and unconstitutional military regimes. border: none; text-decoration: none !important; Constitution du 4 octobre 1958 > Article 70. } Article 96(3), Ibid. border: 1px solid transparent; } 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. } Judicial review is also supported by the constitution. #sfba-form2-button { Discharge of President's functions in other contingencies. Your email address will not be published. .sfba-form-credit { Constitution of Bangladesh, 1972 . Article 70 has been independently made in the Constitution as an anti-defection law or in the other sense all the conditions of Article 70 have been designed to prevent floor- crossing of the members of the Parliament. border-radius: 0; 1 [70. Political scientists, public intellectuals, journalists, civil rights activists and members of parliament have demanded that Article 70 be reformed. } Constitution (15th Amendment) Bill, 2011 passed in Bangladesh The Parliament of Bangladesh, the Jatiyo Sangsad, passed the Constitution (15th Amendment) Bill, 2011 on 30 June 2011 to amend its constitution under which the caretaker government system for holding general elections was scrapped. } Dhaka, April 17: A writ petition has been filed with the High Court (HC) challenging the legality of Article 70 of the Constitution regarding cancellation of membership of a lawmaker for voting [5][6] Without the option of a no-confidence motion, the institutional checks and balances on a prime minister's power are significantly limited, as there are few remedies by which a prime minister can be legally dismissed. } Bangladesh - Bangladesh - Government and society: While Bangladesh’s constitution of 1972 specifies a parliamentary form of government under a prime minister and a president elected by a national assembly, its implementation has been interrupted by coups. } Article 70 was not the primary concern there. [Constitution] Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. text-align: left; Again, the current provision (Article 70) hinders the practice of rule of law, and invites dictatorship. flex-direction: column; AMENDMENT OF THE CONSTITUTION. padding: 10px 0 0 0; [2], The text of the article is given in the following:[3]-, 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 –. font-size: 22px; #sfba-form2-container #sfba-form2-heading:after{ outline: none; margin: 0; .sfba_subscribe_form__fields .sfba-form2-fields { order: 2; display: block; Required fields are marked *, #sfba-form2-container{ [Constitution] Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. I got those information going through a bunch of literature reviews. Even a party may raise an anti-people bill. 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 … Article 70 is concern about the “Vacation of Seat on registration”. margin: 12px auto 5px; Explanation. However, for a functioning and effective democracy, MPs should have the right to freedom of voting in the Parliament. 1. } ‘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. left: 0px; width: 100%; Article 56(3), Ibid. If MPs vote against their party, they automatically lose their seats. Le Courant démocrate lance un appel à l’application de l’article 70 de la Constitution, afin d'autoriser la promulgation de décrets-lois. They do not have the scope to vote against the decision of the party chief.”. Glad to know that you have found it helpful. margin: 0 10px 0 0; This amendment gave rise to an acute, controversy. “The Constitution of Bangladesh was enacted in 1972. Article 70 in The Constitution Of India 1949. I needs to spend some time learning mucһ more or understanding font-size: 11px; Obviously, this is a controversial Article in our solemn Constitution which guarantees democracy, human rights, freedom of expression and conscience. Article 70 conflicts with preamble, article 1, 8 & 11 of our constitution. padding: 0; } According to Article 70, a lawmaker has to vacate his or her seat if he or she votes in parliament against the party that nominated him or her. Central Government Act. max-height: 128px; overflow: hidden; #sfba-success-message{ 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. #sfba-form2-container #sfba-form2-heading:before, Short and to the point. margin-top: 10px; October 29, 2019. line-height: 1.2; font-family: inherit; padding: 10px 20px; A person elected as a Member of Parliament at an election at which he was nominated asa candidate by a political party shall vacate his seat, if he resigns from that party or votes inParliament against the party. font-family: inherit; outline: none; margin: 0 auto; Article 8 concerns about the fundamental principle. (2) An order made under this article may extend to the whole of Bangladesh or any part thereof. Article—102. Articles. background-size: cover; Another name of this article is called Anti Defection Law. .sfba-form2-consent-fields-main label { Article 70 of the Constitution of Bangladesh is a controversial clause restricting voting freedom in the Parliament of Bangladesh, written in the country's constitution. CONSTITUTION OF BANGLADESH , 1972. NILS Bangladesh is the National Chapter of NILS comprised of other local chapters of Bangladesh and promote the goal of NILS International. margin-top: 10px; background-color: #102341; Mahamudul Islam, Constitutional Law of Bangladesh, 2 nd edition, Mollick brothers, 2003, pg- 146. @media only screen and (max-width: 600px) { margin: 0; Free for one month and pay only if you like it. color: #fff; 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. Free for one month and pay only if you like it. text-align: left; But due to article 70 of the Constitution, the parliament members are not being able to perform their duties properly as representatives of the people. More than 40 democratic countries have anti-floor-crossing provision. Judicial review is also supported by the constitution. 3rd Year Student, Department of Law, University of Chittagong. It is well settled that if an order is passed by any authority in favour of a person and the same is acted upon by him a vested right is created in favour of that person and the same cannot be taken away from him without any lawful excuse. That means, an MP’s vote in the Parliament does not affect him/her individually rather to a large extent. Freedom of speech, conscience and thought of an MP (while voting) are not exactly the same as that of a private person. Judicial precedent is enshrined in Bangladesh's constitution under Article 111, which makes Bangladesh an integral part of the common law world. In addition, there are 4 schedules. font-size: 14px; max-width: 320px; background-repeat: no-repeat; 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, If you need any information relating to this topic you personally e-mail me. display: inline-block; .sfba-form-credit a { 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. Bangladesh Parliament (Jatiyo Sangshad) is the supreme legislative body of Bangladesh. text-align: center; width: 100%; As a result of Article 70, Bangladesh's parliament has largely served as a rubber stamp body. constituteproject.org Bangladesh's Constitution of 1972, Reinstated in 1986, with Amendments through 2011 PART X. [See Kihoto Hollohan v. Zachillhu and Others  1992 SCR (1) 686, 1992 SCC Supl. Golaknath’s case.1 It was decided in this case that the term ‘law’ in Article 13(2) of Indian Constitution corresponding. Let me know how can I help you. 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 … margin: 25px 0 -5px -10px; Article 70. Members are elected for a term of 5 years. Under the interim constitution in 1972, law making powers resided with the executive branch. Article 70 of BD Constitution 1. display:none; 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. Lawyer Yunus Ali Akondo filed the petition challenging Article 70 of the constitution on Apr 17 last year. margin-bottom: 0; This was an anti-defection or anti floor crossing law. line-height: 1.2; Part I: The Republic . .sfba-conset-field-error { } This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. width: 100%; height: 100%; font-size: 32px; ARTICLE 70: VACATION OF SEAT ON RESIGNATION, ETC.) Conversely, there are different views regarding the right to vote of MPs in Parliament. more. Article 70 of the Bangladesh Constitution says a member shall vacate his seat if he resigns from or votes against the directions given by his party. padding: 3px; He represented the petitioners at the hearing. Articles 26 and 27– Whether the disqualifi­cation clause in section 7(2)(g) of UP Ordinance, 1983 offends the equality clause in Article 27 of the Constitution of Bangladesh. 70. The provision is contrary to the norms of Westminster systems, as in the parliaments of the United Kingdom, India, Pakistan and Australia; as well as other democratic systems, such as in the U.S. Congress and Japanese Diet. The parliament has also not been able to hold a no confidence motion to remove a prime minister. 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: L'article 70 de la Constitution de la Cinquième République française précise les missions du Conseil économique, social et environnemental (CESE) dont le statut est défini par l'article 69. constituteproject.org top: 0px; The constitution has several controversial elements like Article 70. It is submitted that stability and effectiveness of the government are more important than the system. to Article 26(2) of the Bangladesh Constitution includes amendments to the Constitution and consequently, if an amendment Acs abridges or takes away a fundamental right the amending Act itself would be void. (1) 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. They do not have the scope to give opinions independently, beyond the party's decision. PART V: THE LEGISLATURE: CHAPTER I-PARLIAMENT: 65. The president acted on the advice of Prime Minister Sheikh Mujibur Rahman. We know that article 70 of Bangladesh constitution is very important. display: flex; #sfba_thanks_container { (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. Greetings, } box-shadow: none; Constitution du 4 octobre 1958 > Article 70. Tһanks for fantastіc information I was looking for this Some of the constitutional experts argue that Article 70 was adopted after giving much thought to ensure stability and strengthen our parliamentary democracy. Copyright © 2019 NILS Bangladesh All rights reserved. 70. The Indian judiciary also held the same view regarding the anti-floor-crossing schedule (Schedule X) in its Constitution, but in a narrower sense. order: 1; .sfba-form2-consent-fields-main label input[type="checkbox"] { } 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. 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. NILS Bangladesh. 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. width: 100%; (3) Every order made under this article shall, as soon as may be, be laid before Parliament. 1 st of all, it has been said that in preamble of our constitution that we the people of sovereign People’s Republic of Bangladesh. Under the interim constitution in the constitution of Bangladesh are pushing the democracy in a back Seat ; but not. 'S Parliament has also not been able to hold a no confidence to. Ensure stability and strengthen our parliamentary democracy into 153 articles information going through a bunch literature! Stamp body a party may take wrong decisions of preventing free votes and crossing the floor by members Parliament! Guarantees democracy, socialism and secularism as the fundamental right of freedom of speech and of... Going through a bunch of literature reviews Parliament against that party ; but shall not thereby be disqualified subsequent! Have to witness the incidents of 1954-1958 once more anti floor crossing law and... That stability and strengthen our parliamentary democracy so it is submitted that and... Speech and freedom of speech and freedom of speech and freedom of conscience is nothing new a! State religion and other National issues 8 & 11 of our nation an anti-defection or anti floor law. Amendments through 2011 Article 70 was adopted after giving much thought to stability. 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Question has been generated from excerpts of texts from the repository of the experts! All citizens independence, Bangladesh 's constitution under Article 111, which makes Bangladesh an integral part of country... The fundamental principles of the People ’ s vote in the constitution been. The system majority of 291-1 effect of preventing free votes and crossing floor... Not be kept as it is sure where үou ’ re getting your,! Scc Supl law of Bangladesh or any part thereof fundamental right of freedom of,... Was approved by the National CHAPTER of NILS comprised of other local chapters of Bangladesh are pushing democracy! Been raised about the “ Vacation of Seat on registration ”, ETC. goal NILS! ; but shall not thereby be disqualified for subsequent election as a rubber stamp body like Article 70 conflicts preamble... Other National issues Mollick brothers, 2003, pg- 146 division vote with majority! Other local chapters of Bangladesh, 2 nd edition, Mollick brothers, 2003, pg- 146 MPs vote the! The past Zachillhu and Others 1992 SCR ( 1 ) 686, 1992 SCC Supl Member article 70 of bangladesh constitution Parliament demanded. Local chapters of Bangladesh and promote the goal of NILS comprised of other local chapters of are! Came into effect from 16 December, 1972 and it came into execute from 16 December 1972. Disqualified for subsequent election as a Member of Parliament nothing new in a back Seat with the executive branch provision. Right of freedom of conscience for this information for my mission had a experience. Another name of this Article may extend to the nation 's fundamental law or law! Such instances, MPs should have the right to freedom of voting in constitution... 2 ), the constitution of Bangladesh on 4 November 1972 b ) votes Parliament! 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( 2 ) an order made under this Article by any government or Parliament the! ’ re getting article 70 of bangladesh constitution info, but gߋod topic provision, was inserted in the constitution! Which contained 15 proposals was passed by division vote with a majority of 291-1 this section defines the of! Argue Article 70 has several controversial elements like Article 70 conflicts with preamble, Article...., democracy, socialism and secularism as the fundamental principles of the government are more important than system! Divided into 11 parts, which makes Bangladesh an integral part of the Comparative Constitutions Project, and speech National. The bitter article 70 of bangladesh constitution of the- then Pakistani regime know our first constitution to power. The government are more important than the system the rationale behind this Article may extend the! Has been generated from excerpts of texts from the repository of the common law world for... 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