Criticism of the Constitution of Bangladesh

The Constitution of Bangladesh—since its adoption by the 'controversial' and virtually "one-party" Constituent Assembly of Bangladesh in 1972—has repeatedly come under criticism for its failure to build institutionalism in governance and politics, safeguard human rights, and ensure the independence of the judiciary and the legislature from the executive. Many denounced the Constitution for facilitating autocracy and labelled it as a "fascist constitution." The Fundamental Principles of State Policy in Part II are often dismissed as empty rhetoric due to their unjusticiability, while Fundamental Rights in Part III are constrained by extensive, imposable restrictions. The elevation of ideological principles above civil rights is commonly viewed as a defining trait of fascism. The Constitution's ideological alignment with “Mujibism”—embodying nationalism, socialism, democracy and secularism as its four foundational pillars—has also led some to label it the “Mujibist Constitution.”

Part IV vests executive power in the prime minister-led Cabinet; however, as it does not permit the removal of the prime minister, it results in a concentration of power in the prime minister's hands. This power is further reinforced by their dominant position within the Cabinet and control over MPs through party discipline and Article 70’s enforcement of slavish obedience to the party leader. Part IV further solidifies the prime minister’s power by granting them authority over Cabinet affairs, overshadowing other ministers and centralizing executive decisions.

Critics argued that the Constitution, due to poorly-defined fundamental rights, has enabled the continued enforcement of the repressive sections of British colonial laws such as the Penal Code of 1860 and the Code of Criminal Procedure of 1898, and facilitated the enactment of post-independence repressive laws such as the Special Powers Act of 1974, and the Cyber Security Act of 2023. Given the prime minister's extensive powers and citizen's limited civil rights, Badruddin Umar has famously termed the Constitution "A Constitution for Perpetual Emergency."

Several organizations and political parties, including the Rastro Sangskar Andolon and the Gonoparishad Andolon, have long campaigned to convene a constituent assembly for the reform or drafting of a new constitution.

After the mass uprising in 2024, the Anti-Discrimination Student Movement and the Jatiya Nagorik Committee put forward a five-point demand, including the abolishment of the 1972 Constitution. The interim government of Bangladesh, led by Muhammad Yunus, has already established a Constitutional Reform Commission in 2024 with the aim of reforming or drafting a new inclusive, democratic constitution through an elected constituent assembly.