Col Md It amended Article 47 of the constitution view to amending Articles 51 and 66 of the 1981 by inserting an additional clause which allowed constitution. Researchers all over the world have the access to upload their writes up in this site. After Article 47 it inserted a new-fangled Article 47A specifying inapplicability of certain primary rights in those cases. The substantive legal principle in this regard is that every person is subject to the ordinary law within the jurisdiction. In view of the provisions of Article 137 the direction to establish another public service commission for judicial and magisterial services is not contrary to the provision of the constitution for recruitment of persons to be employed for judicial service and magistracy exercising judicial functions in accordance with the provisions of Article 140 of the Constitution for the recruitment of persons to be employed in the judicial and magisterial service is in consonance with the spirit of Article 22 of the Constitution. It is also the constitutional obligation of the Government to ensure that the rights of the people, envisaged in under Art.18 and Art.32 of the Constitution are vindicated and defended. Shaikh Md. Right to life is, therefore, a fundamental right and it can be enforced by the Supreme Court in removing any unjustifed threat or invasion to the health and longevity of the citizens of the country. (1) The rights guaranteed under article 31. clauses (1) and (3) of article 35 and article 44 shall not apply to any person to whom a law specified in clause (3) of article 47 applies. The decision of the Government to send troops to Haiti to take part in the U. N. sponsored Multinational Force being in consonance with the spirit of the fundamental principles of State Policy and being in accord with Chapter -VII of the U.N. Charter, the decision of the Government cannot said to be an infringement on the Constitution. The grouping of persons for training recruited in the same examinations held under the same advertisement for recruitment was, therefore, an act performed by the Biman under compulsion. Though the petitioner is in possession of the house from the time of his allottee husband treating the same as abandoned property and inclusion of her house in the ‘Ka’ list of abandoned building is not only contrary to the provisions of P.O. Although in the passport Order there is no positive word requiring that the citizen whose passport is impounded shall be given an opportunity of being heard, yet, the principle of audi alterem partem mandates that no one shall be condemned unheard. The embargo on banks, insurance companies and other financial institutions to nominate its directors on the Board of a financial institution is based on a reasonable classification. In pursuance of these Articles, the Government Servants (Discipline and Control ) Rules, 1976, subsequently renamed as Control and Appeal Rules 1984, have been made. Conditions of Service of Government Servants are regulated by law made in pursuance of Article 133 of the Constitution and they come under protection of Article 135 of the Constitution. Any procedure which infringes on the constitutional right of a citizen to go abroad without giving him an opportunity of being heard must be held to be unfair, unjust and violative of constitutional right. 1986, rev. | Designed & Developed by SIZRAM SOLUTIONS. The High Court Division was justified in taking the view that although the training of the recruits was held in batches it was practically one training which started on 15. Article 27 of the Constitution provides that all citizens are equal before law and are entitled to equal protection of law while Article 28(1) provides that the State shall not discriminate against any citizen on grounds of religion, race, caste, sex or place of birth. This article examines the factors shaping these relations and argues that a host of structural and domestic political variables are pulling India and Bangladesh in opposite directions. It follows therefore that everyone is free to propagate and circulate his own ideas and thought, by word of mouth, writing or in any form he likes. 54 of 1972)]. 1[The Bangladesh Scheduled Offences (Special Tribunals) Order, 1972 (P.O. Harun-or-Rashid Vs. © 2017 All Rights Reserved. of Bangladesh and others, 20 BLD (HCD) 60. allowing him to sit for an admission test for a course under the Dhaka Medical College, which is affiliated with the Bangabandhu Sheikh Mujib Medical University, but disqualifying the writ petitioner who was a candidate also in Government service over 40 years at age from admission on the ground that he was ineligible for being over aged although he was eligible for admission according to an amended notification of the University, the petitioner’s fundamental right to pm- sue higher education as guaranteed by the Constitution was infringed and he was illegally discriminated against. Ref: Golam Abbas v. State of U.P. The City Bank Limited and others Vs Bangladesh Bank and others, 20 BLD (AD) 159. (Article 27), Uganda (Article 14) and Ukraine (Article 48). Bangladesh's public life in 2006 was dominated by furious jockeying for political advantage in the face of upcoming elections slated for January 2007. Written Constitution: The Constitution of the People’s Republic of Bangladesh is a written document. Bangladesh Passport Order, 1973, Article —7(2). The amended notification published by the University, by which respondent No. Vs Government of Bangladesh, 21 BLD ( HCD ) 363 of Extra-muharris T.C. Government to contest suits affecting public health and life substantive fundamental rights on every of!, 16 BLD ( HCD ) 363 for January 2007 Organisations ( Regulation of of. To enjoy the protection of their function are different right under the restrictive provisions of the &. Deprived of the Constitution to ease the process of the street ” increasingly! 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