The Constitution of Bangladesh and 2018 Amendment :

Introduction:

The Constitution of Bangladesh is the supreme law of the country, adopted on November 4, 1972. It outlines the fundamental principles, structures, and powers of the government, as well as the rights and duties of citizens. Key features include:
fundamentals

  1. Preamble:
    Establishes the sovereignty and independence of Bangladesh.
  2. Fundamental Principles:
    Includes democracy, socialism, nationalism, and secularism.
  3. Basic Rights:
    Guarantee rights such as equality, freedom of speech, and protection of life and liberty.
  4. Directive Principles:
    Outlines state policies, including social and economic development.
  5. Executive:
    Establishes the office of the President and Prime Minister.
  6. Legislative:
    Describes the composition and powers of the Parliament.
  7. Judicial:
    Defines the structure and authority of the Supreme Court and lower courts.
  8. Local Government:
    Provides local self-government institutions.
  9. Amendments:
    Outlines procedures for constitutional amendments.

The Constitution has undergone several amendments since its adoption, with significant changes in 1977, 1986, 1991, and 2011.

1977 Amendment (5th Amendment):

  • Introduced a presidential system, giving more power to the President
  • Removed the principle of secularism and made Islam the state religion
  • Changed the national anthem and flag
  • Restricted fundamental rights and freedoms

The Amendments of the Constitution :

1986 Amendment (8th Amendment):

  • Re-established a parliamentary system, reducing the President’s powers
  • Introduced the office of the Prime Minister as the head of government
  • Changed the electoral process and voting rights
  • Strengthened the powers of Parliament

1991 Amendment (12th Amendment):

  • Re-established a caretaker government system for overseeing elections
  • Introduced changes to the electoral process and voting rights
  • Strengthened the independence of the judiciary
  • Enhanced the powers of Parliament

2011 Amendment (15th Amendment):

  • Repealed the caretaker government system
  • Introduced changes to the electoral process and voting rights
  • Redefined the principle of secularism, ensuring equal rights for all citizens
  • Strengthened the independence of the judiciary
  • Enhanced the powers of Parliament

2014 Amendment (16th Amendment):

  • Empowered Parliament to impeach Supreme Court judges
  • Introduced changes to the judicial appointment process
  • 2018 Amendment (17th Amendment):
  • Extended the retirement age of Supreme Court judges
  • Introduced changes to the judicial appointment process 2018 Amendment (17th Amendment) determined extensively in the Quota system:

17th Amendment to the Constitution of Bangladesh (2018):

  • Section 2: Amendment of Article 28
  • Subsection (2): The phrase “and the state shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth” has been added to Article 28(2).

Quota System Reform:

  • The 17th Amendment abolished the existing quota system in government jobs, which had reserved 56% of positions for various groups, including:
    • 30% for freedom fighters and their children
    • 10% for women
    • 10% for indigenous communities
    • 5% for people with disabilities
    • 1% for minorities
  • The amendment introduced a new system, where:
    • 20% of government jobs will be reserved for freedom fighters and their children10% for women5% for people with disabilities5% for indigenous communities.

Students against 18th Amendments(Quota System )

  1. ) Lack of transparency_:
    Students felt that the quota system lacked transparency, with unclear criteria for selection and potential for manipulation.
  2. ) Inefficient allocation_:
    Students argued that the quota system led to inefficient allocation of resources, as positions were filled based on quotas rather than merit.
  3. ) Stifling competition_:
    The quota system was seen as stifling competition and innovation, as positions were reserved rather than open to all based on merit.
  4. ) Perpetuating privilege_:
    Students felt that the quota system perpetuated privilege and entitlement, rather than promoting equality and fairness.
  5. ) Ignoring merit_:
    The quota system was seen as ignoring merit and potential, instead prioritizing group identity and connections.
  6. ) Limited scope_:
    Students argued that the quota system had a limited scope, failing to address broader issues like education and employment reform.
  7. ) Disregarding general category students_:
    Students felt that the quota system disregarded the interests and needs of general category students, who were not part of any specified group.
  8. ) Demand for inclusive reform_:
    Students demanded a more inclusive and comprehensive reform of the quota system, addressing the concerns of all stakeholders.
  9. ) Unfair to talented students_:
    Students felt that the quota system was unfair to talented and deserving students who were not part of any specified group.
  10. ) Reservations vs. Merit_:
    The quota system was seen as prioritizing reservations over merit, which could lead to less competent candidates getting selected.
  11. ) Lack of equal opportunities_:
    Students argued that the quota system did not provide equal opportunities for all, as some groups had more advantages than others.
  12. ) Discrimination against general students_:
    The quota system was seen as discriminatory against general category students who did not have any reservations or advantages.
  13. ) Need for merit-based system_:
    Students demanded a merit-based system where selections are made solely on qualifications, performance, and potential.
  14. ) Quota within quota_:
    The system of having quotas within quotas (e.g., sub-quotas for different groups within a larger quota) was seen as complex and prone to manipulation.
  15. )Lack of transparency in quota allocation: Students felt that the allocation of quotas was not transparent, leading to potential biases and favoritism.
  16. ) Impact on national development_:
    The quota system was seen as hindering national development by prioritizing group identity over merit and potential.

These concerns and demands led to widespread protests and movements, with students calling for a fairer, more inclusive, and merit-based system for government job appointments in Bangladesh.

The movement against the quota system in Bangladesh began in February 2018:

  • February 17, 2018:
    Students from Dhaka University’s Faculty of Business Studies initiate a protest against the quota system.
  • February 20, 2018:
    Protests spread to other universities and colleges in Dhaka, including Jahangirnagar University, Bangladesh University of Engineering and Technology (BUET), and others.
  • March 2018:
    The movement gains momentum, with students from across the country joining in. Protests take place in major cities like Chittagong, Sylhet, and Khulna.
  • April 2018:
    The government responds with force, using police and paramilitary troops to disperse protesters. Many students are injured, and some are arrested.
  • May 2018: The movement continues, with students demanding a complete overhaul of the quota system.
  • July 2018:
    The government announces a reformed quota system, reducing the number of reserved positions from 56% to 30%.
  • August 2018: Students reject the reformed quota system, demanding a merit-based system instead.
  • October 2018:
    Here is a continuation of the timeline:
  • February 2020:
    Students resume protests, demanding a complete abolition of the quota system and a merit-based approach.
  • March 2020:
    The government forms a committee to review the quota system, but students reject it, saying it’s a delaying tactic.
  • April 2020:
    Protests continue, with students demanding immediate reform.
  • May 2020:
    The government announces a new quota system, but students reject it, saying it doesn’t address their demands.
  • June 2020:
    The movement slows down due to the COVID-19 pandemic, but students continue to demand reform.
  • 2022: Students resume protests, demanding a complete abolition of the quota system and a merit-based approach.
  • 2023: The government announces plans to reform the quota system, but students remain skeptical, demanding concrete changes.

Clashes b/w Students and police:

  • Clashes between students and police (April 2018)
  • Arrests and detentions of student leaders (May 2018)
  • Government’s initial reform proposal (July 2018)
  • Students’ rejection of the reformed quota system (August 2018)
  • Formation of a review committee (March 2020)
  • Students’ rejection of the new quota system (May 2020)
    Additional key events and milestones in the Bangladesh quota reform movement:
  • Shah bag Protests :(2013):
    Although not directly related to the quota system, these protests showed the power of student-led movements in Bangladesh.
  • Quota Reform Movement (2018):
    The initial protests and demands for quota reform.
  • Government’s Initial Response (2018): The government’s first attempts to address the issue, including the formation of a review committee.
  • Student Leader Arrests (2018):
    The arrest and detention of student leaders, leading to further protests and outrage.
  • Reformed Quota System (2018):
    The government’s introduction of a reformed quota system, which was rejected by students.
  • Protests and Clashes (2018-2020):
    Ongoing protests and clashes between students and police, resulting in injuries and arrests.
  • COVID-19 Pandemic (2020):
    The pandemic led to a temporary slowdown in protests, but students continued to demand reform.
  • New Quota System (2020): The government’s introduction of a new quota system, which was again rejected by students.
  • Ongoing Protests (2022-2023):
    Students continue to demand a complete abolition of the quota system and a merit-based approach.

Key figures:

  • Nurul Huq Nur:
    A student leader who played a significant role in the quota reform movement.
  • Rasheed Khan:
    Another prominent student leader who was arrested and detained during the protests.
  • Government officials:
    Various government officials, including the Prime Minister and Education Minister, who have been involved in attempts to address the issue.

Conclusions after Students Protest in Bangladesh:

Short-term conclusions:

  1. Government concessions:
  2. The government was forced to concede to some of the students’ demands, including reforms in road safety and education sector.
  3. Release of detained students:
  4. Many students arrested during protests were released from custody.
  5. Temporary calm: The protests have subsided, and a temporary calm has been restored.

Long-term conclusions:

  1. Rise of student power: The protests have shown the potential of students to mobilize and bring about change in Bangladesh.
  2. Growing demand for accountability: The movement has highlighted the growing demand for government accountability and responsiveness to citizen demands.
  3. Shift in political dynamics: The protests may have long-term implications for Bangladesh’s political landscape, potentially altering the balance of power.
  4. Increased civic engagement: The movement has encouraged greater civic engagement and activism among students and the general public.
  5. Need for sustained reforms: The protests have underscored the need for sustained reforms in various sectors, including education, transportation, and governance.

Lessons learned:

  1. Power of collective action: The protests have demonstrated the power of collective action in bringing about change.
  2. Importance of dialogue: The government’s initial reluctance to engage in dialogue with protesters exacerbated the situation, highlighting the importance of open communication.
  3. Need for inclusive decision-making: The protests have shown that decisions affecting citizens should involve their participation and input.

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