Constitutional Chaos in Bangladesh: A Journey from Secularism to Islamism

Abstract

Every modern state stands on the separation of state and religion. Bangladesh was born as a secular state with a full guarantee of the right to freedom of religion. Though it started its journey proclaiming itself as a secular state, some political actors in the later course of history pushed the country into an almost Islamic Republic. This paper attempts to figure out what motivated the political actors to begin Islamizing the state by illustrating the chaos that arose from the constitutional modifications in question. It also argues that the basic structure doctrine and the principles of ‘Lemon Test’ turn the laws in Bangladesh, desecularizing the state, unconstitutional. It unearths the religiousness and secularity that our forefathers practiced in their daily lives long before Islam established itself on this land. It further finds the Constitutional Court of Bangladesh as the last resort to have those black laws declared unconstitutional, applying its supreme judicial review power within the current frameworks and limits of the constitution in reference to the landmark decisions of the American, Indian, and Turkish Constitutional Courts.