History of Constitution Making Process in Bangladesh

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History of Constitution Making Process in Bangladesh

Constitutional Law & Constitution Constitutional law actually forms the backbone of public law. It is that branch of public law which determines the nature of the state, nature and structure of the government and its power, function, division of power among different constitutional organs, their relationship to each other and above all the relationship between the state and the individuals.[1] According to Maitland” while constitutional law deals with structure and the broader rules which regulate the function, the details of the functions are left to administrative law”. According to Gettel[2] ”constitutional law locates sovereignty within the state and thus
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However, this Act was never given effective. In 1958 the Pakistan Law Commission recommended to bring the judicial magistrates under the control of the High Court. In 1967 the Law Commission again recommended to give effect to the Cr. P. C Act 1957 though nothing was done until 1972. In the Code of Criminal Procedure (East Pakistan Amendment) Act 1957 an overhauling amendment was made in the Criminal Procedure Code with a view to separating the judicial and executive functions of the magistrates. A full discussion of that amendment is beyond the scope of this work.

Bangladesh Period: In 1972 after independence of Bangladesh the Constitution of the Peoples Republic of Bangladesh was adopted. Provision was made in Article 22 in the Fundamental Principles of State Policy that the state shall ensure the separation of the judiciary from the executive organs of the state.
In 1976 a Law Committee headed by Justice Kamaluddin reported to implement separation of lower judiciary in three stages which are as follows: First Stage: The government may by notification, appoint some particular Magistrates at each station exclusively for judicial work. This can be given effect forthwith without any additional expenses or administrative difficulties. Second Stage: This should be the nature of separation of judicial functions from executive as envisaged in
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