Abstract

Constitution is the supreme law of Bangladesh. The Government should think very carefully before making any fundamental changes in it. History tells us fundamental changes of the Constitution by unilateral action of the government have not brought any fruitful result. The Constitution (5th Amendment) Act was passed on 6 April 1979. This Act provided that all amendments, additions, modifications, substitutions and omissions made in the Constitution during the period between 15th August 1975 to 9th April 1979 by any Proclamation or Proclamation Order of the Martial Law Authorities had been validly made and would not be called into question in or before any court or tribunal or authority on any ground whatsoever. The High Court Division by its monumental judgment declared the fifth amendment of the constitution illegal and unconstitutional. This decision was upheld by the Appellate Division with some observations and modifications.