The Fifth Amendment Crisis in Bangladesh

An approaching constitutional quagmire in Bangladesh has escaped international attention but threatens the Country’s political, constitutional and social order.
At the center of the domestic political upheaval is the 5th Amendment to the Constitution of Bangladesh. In April 1979 the Legislature in Bangladesh ratified the 5th Amendment which provided that all amendments, additions, modifications made in the Constitution during the period between August 15, 1975 and April 9, 1979 were valid and would not be called in question before any judicial body of the country. In simple terms all the acts and decisions of the martial law period were legalized and insulated from any judicial inquiry. The martial law administrator during this period, Zia-ur Rehman, had sought to constitutionally validate his coup in which he had usurped power from Sheikh Mujibur Rahman. In August 2005 in a landmark ruling the High Court had held the 5th Amendment as illegal and unconstitutional. The Central Government, comprising of Bangladesh Nationalist Party (BNP) and the Islamist Jamaat-i-Islami moved a petition in the Country’s Supreme Court challenging the Court ruling. The Court order was stayed and discussions on the 5th amendment rescinded to the political backburner. In early May this year the Awami League (AL) Government has cancelled the petition for staying the 2005 Court ruling thereby paving way for Constitutional chaos in the country. Click to continue…