Constitution of Bangladesh in the context of "Government of Bangladesh"

Bangladesh is a common law country, with its legal system inherited from the British during their colonial rule over British India. The region now known as Bangladesh was referred to as Bengal during both the British and Mughal periods, and by other names in earlier times. While religious and political institutions existed from ancient times, the Mughals were the first to recognise and formalize them through state mechanisms. The Charter of 1726, granted by King George I, authorised the East India Company to establish Mayor's Courts in Madras, Bombay and Calcutta and is recognised as the first codified law for the British India. As a part of the then British India, it was the first codified law for the then Bengal too. Since independence in 1971, statutory law enacted by the Parliament of Bangladesh has been the primary form of legislation. Judge-made law continues to be significant in areas such as constitutional law. Unlike in other common law countries, the Supreme Court of Bangladesh has the power to not only interpret laws made by the parliament, but to also declare them null and void and to enforce fundamental rights of the citizens. The Bangladesh Code includes a compilation of all laws since 1836. The vast majority of Bangladeshi laws are in English. But most laws adopted after 1987 are in Bengali. Family law is intertwined with religious law. Bangladesh has significant international law obligations.

During periods of martial law in the 1970s and 1980s, proclamations and ordinances were issued as laws. In 2010, the Supreme Court declared that martial law was illegal, which led to a re-enactment of some laws by parliament. A Right to Information Act has been enacted. Several of Bangladesh's laws are controversial, archaic or in violation of the country's own constitution. They include the country's prostitution law, special powers act, blasphemy law, sedition law, internet regulation law, NGO law, media regulation law, military justice and aspects of its property law. Many colonial laws require modernization.

Bengali nationalism is a form of ethnic nationalism that focuses on Bengalis as a single ethnicity by rejecting imposition of other languages and cultures while promoting its own in Bengal. Bengalis speak the Bengali language and mostly live across Bangladesh and the Indian states of West Bengal, Tripura and Assam (Barak Valley). Bengali nationalism is one of the four fundamental principles according to the Constitution of Bangladesh and was the main driving force behind the creation of the independent nation state of Bangladesh through the 1971 liberation war. Bengali Muslims make up the majority (90%) of Bangladesh's citizens (Bangladeshis), and are the largest minority in the Indian states of Assam and West Bengal, whereas Bengali Hindus make up the majority of India's citizens (Indians) in Indian states of West Bengal and Tripura, and are the largest minority in the Indian states of Assam and Jharkhand and the independent state of Bangladesh (8%).

The basic structure doctrine is a common law legal doctrine that the constitution of a sovereign state has certain characteristics that cannot be erased by its legislature. The doctrine is recognised in India, Bangladesh, Pakistan, and Uganda. It was developed by the Supreme Court of India in a series of constitutional law cases in the 1960s and 1970s that culminated in Kesavananda Bharati v. State of Kerala, where the doctrine was formally adopted. Bangladesh is perhaps the only legal system in the world that recognizes this doctrine in an expressed, written and rigid constitutional manner through Article 7B of its Constitution.

In Kesavananda Bharati, Justice Hans Raj Khanna propounded that the Constitution of India contains certain basic features that cannot be altered or destroyed through amendments by the Parliament of India. Key among these "basic features", as expounded by Justice Khanna, are the fundamental rights guaranteed to individuals by the constitution. The doctrine thus forms the basis of the Supreme Court of India's power to review and strike down constitutional amendments and acts enacted by the Parliament that conflict with or seek to alter this "basic structure" of the Constitution. The basic features of the Constitution have not been explicitly defined by the Judiciary, and the determination of any particular feature as a "basic" feature is made by the Court on a case-by-case basis.

Hussain Muhammad Ershad (1 February 1930 – 14 July 2019) was a Bangladeshi military officer, dictator and politician who served as the president of Bangladesh from 1983 to 1990.

He seized power as a result of a bloodless coup against President Abdus Sattar on 24 March 1982 (by imposing martial law and suspending the Constitution). He declared himself President in 1983, and subsequently won the controversial 1986 Bangladeshi presidential election. Despite claims to have legitimately won the 1986 election, many consider his regime as a military regime. Ershad founded the Jatiya Party in 1986 and became a Member of Parliament for JP in the constituency of Rangpur-3 in 1991, with successful re-elections in all subsequent general elections. He was the longest serving male head of government in Bangladeshi history.

The Jatiya Sangsad, constitutionally the House of the Nation and commonly the Sangsad, is the unicameral legislative body of Bangladesh. The current parliament of Bangladesh contains 350 seats, including 50 seats reserved exclusively for women. Elected occupants are called members of Parliament, or MPs. Elections to the body are held every five years, unless a parliament is dissolved earlier by the President of Bangladesh. The most recent parliamentary election was held on 7 January 2024.

The leader of the party, or coalition of parties, holding a majority of seats in Parliament becomes the Prime Minister of Bangladesh and thus serves as the head of the government. The President of Bangladesh, the ceremonial head of state, is chosen by Parliament. Since the 2008 parliamentary election, majority party has been the Awami League, led by Prime Minister Sheikh Hasina. On 6 August 2024, President Mohammed Shahabuddin dissolved parliament after the ousting of fallen dictator Sheikh Hasina and ordered to form an interim government.

Supreme Court of Bangladesh is the highest court of law in the country. It is composed of the High Court Division and the Appellate Division, and was established by Part VI, Chapter I (Article 94) of the Constitution of Bangladesh, adopted in 1972. This is also the office of the chief justice, Appellate Division judges, and High Court Division judges of Bangladesh. As of August 2024, the Appellate Division consists of 6 judges, while the High Court Division has 78 judges (76 are permanent and 2 are additional).