Martial law and constitutional supremacy are two distinct concepts with different implications. Let's discuss each of them in the context of Bangladesh.
- Martial Law: Martial law refers to the imposition of military control over civilian government and the legal system. During martial law, the military takes direct control of the country, suspending or restricting civil liberties and transferring power from civilian authorities to military commanders.
In the history of Bangladesh, martial law has been declared multiple times. The first instance was in 1958 when General Ayub Khan imposed martial law and established a military regime. Subsequently, martial law was also declared in 1969, 1975, and 1982.
The most significant and controversial period of martial law in Bangladesh occurred in 1975 when General Ziaur Rahman seized power through a military coup. This marked the beginning of a prolonged military rule that lasted until 1990. During this period, the military had extensive control over the country, and civil liberties were curtailed.
- Constitutional Supremacy: Constitutional supremacy refers to the principle that the constitution is the highest law of the land, and all other laws and actions must be in conformity with it. In a system based on constitutional supremacy, the constitution serves as a fundamental legal document that establishes the framework for the government, defines the powers and limitations of different branches of government, and protects individual rights and freedoms.
In Bangladesh, constitutional supremacy is enshrined in the Constitution of Bangladesh, which was adopted in 1972. The constitution outlines the structure of the government, guarantees fundamental rights and freedoms, and establishes the separation of powers among the executive, legislative, and judicial branches.
The principle of constitutional supremacy implies that all laws, actions, and policies must be consistent with the provisions of the constitution. The judiciary plays a crucial role in upholding constitutional supremacy by interpreting the constitution, reviewing the legality of laws and executive actions, and ensuring that they are in compliance with constitutional principles.
It's important to note that martial law and constitutional supremacy are incompatible concepts. Martial law involves the suspension or restriction of constitutional provisions, whereas constitutional supremacy requires the adherence to and protection of constitutional principles.
In Bangladesh's current context, constitutional supremacy is emphasized, and the country operates under a parliamentary democracy with an independent judiciary. Martial law has not been imposed since the return to civilian rule in 1990, and the Constitution of Bangladesh remains the supreme law of the land.