Emergency Provisions of the Constitution of Bangladesh; A Critical Analysis

Abstract

This research work mainly focuses on critical analysis of Bangladesh's Constitutional provisions for emergencies. A state of emergency is an extreme situation when the constitutional apparatus of a country is broken down to the level where the government cannot control it or when there is a threat of war, foreign aggression, or internal unrest on the nation or any part of the territory which can also be financial and security in nature, at that time the President of Bangladesh made the last call and proclaims an emergency by the pre-signature of the Prime Minister. The paper talks about the historical development of emergencies in Bangladesh, the types of emergencies and also the conformity and inconformity of the emergency provisions with the Constitutional Principles of Bangladesh. The paper al talks about the nature of the Fundamental rights during Emergency etc. These topics are covered in this paper with citations to significant case law, the provisions of the Constitution, publications, and research studies. The article finishes with a number of sets of proposals and recommendations that may be adopted to address problems in the future.