Enforceability of fundamental principles of state policy in Bangladesh
The enforceability of fundamental principles of state policy in Bangladesh is a complex issue. The Constitution of Bangladesh enumerates a number of fundamental principles of state policy in Part II, including nationalism, socialism, democracy, secularism, and the principles of ownership, emancipation of peasants and workers, provision of basic necessities, and rural development. However, Article 8(2) of the Constitution states that these principles are not judicially enforceable.
This means that the courts cannot strike down a law or government action simply because it is inconsistent with a fundamental principle of state policy. However, the courts can still interpret and apply the fundamental principles in a number of ways. For example, the courts can use the fundamental principles to guide their interpretation of other laws and provisions of the Constitution. The courts can also use the fundamental principles to hold the government accountable for its actions.
For example, in the case of
Bangladesh Legal Aid and Services Trust v. Bangladesh (2018), the High Court of Bangladesh held that the government's failure to provide adequate legal aid to the poor violated the fundamental principle of equal opportunity. The court further held that the government's failure to implement the National Legal Aid Policy was inconsistent with its constitutional obligations.
The fundamental principles of state policy can also be enforced through public interest litigation. Public interest litigation is a type of litigation in which a person or group of persons files a case in court on behalf of the public interest. In some cases, the courts have used public interest litigation to order the government to take action to implement the fundamental principles of state policy.
Human Rights and Peace for Bangladesh v. Bangladesh (2010), the High Court of Bangladesh ordered the government to take steps to improve the working conditions of garment workers. The court held that the government's failure to do so was inconsistent with the fundamental principles of human dignity and the right to a fair livelihood.
Overall, the enforceability of fundamental principles of state policy in Bangladesh is limited. The courts cannot strike down a law or government action simply because it is inconsistent with a fundamental principle of state policy. However, the courts can still interpret and apply the fundamental principles in a number of ways, and the fundamental principles can also be enforced through public interest litigation.
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