CHAPTER-1
PRE-CONSTITUTION DOCUMENTS
1. The Proclamation of Independence
The Proclamation of Independence in
Mujibnagar on the 10th day of April, 1971 heralded the birth of a new country
with an old history and long memories. This document, the Proclamation of Independence,
is the first constitutional document with which the new country made a
constitutional start. It contains in itself the genesis of its creation and it
graphically describes the rationale of its birth in the following words:-
“THE
PROCLAMATION OF INDEPENDENCE
Mujibnagar,
Bangladesh
Dated
10th day of April, 1971.
Whereas free elections were held in
Bangladesh from 7th December, 1970 to 17th January, 1971, to elect
representatives for the purpose of farming a Constitution.
Whereas at these elections the people
of Bangladesh elected 167 out of 169 representatives belonging to the Awami
League,
AND
Whereas General Yahya Khan summoned the
elected representatives of the people to meet on the 3rd March, 1971, for the
purpose of framing a Constitution,
AND
Whereas the Assembly so summoned was
arbitrarily and illegally postponed for an indefinite period.
AND
Whereas instead of fulfilling their
promise and while still conferring with the representatives of the people of
Bangladesh, Pakistan authorities declared an unjust and treacherous war.
AND
Whereas in the facts and circumstances
of such treacherous conduct Bangabandhu Sheikh Mujibur Rahman, the undisputed
leader of 75 million people of Bangladesh in due fulfillment of the legitimate
right of self-determination of the people of Bangladesh, duly made a
declaration of independence at Dacca on March 26, 1971, and urged the people of
Bangladesh to defend the honour and integrity of Bangladesh.
AND
Whereas in the conduct of a ruthless
and savage war the Pakistani authorities committed and are still continuously committing
numerous acts of genocide and unprecedented tortures,
among others, on the civilian and
unarmed people of Bangladesh,
AND
Whereas the Pakistan Government by
levying an unjust war and committing genocide and by other repressive measures
made it impossible for the elected representatives of the people of Bangladesh
to meet and frame a Constitution, and give to themselves a Government."
Then comes a clean break from the past,
an unshackling of the bondage of a past statehood and a self-proclaimed
assumption of all Power:-
AND
Whereas the people of Bangladesh, by
their heroism, bravery and revolutionary fervour have established effective
control over the territories of Bangladesh, We, the elected representatives of
the people of Bangladesh, as honour bound by the mandate given to us by people
of Bangladesh, whose will is supreme, duly constituted ourselves into a
Constituent Assembly, and having held mutual consultations, and in order to
ensure for people of Bangladesh equality, human dignity and social justice, declare
and constitute Bangladesh to be a sovereign People’s Republic and thereby
confirm the declaration of independence already made by Bangabandhu Sheikh
Mujibur Rahman, and do hereby affirm and resolve that till such time as a
Constitution is framed, Bangabandhu Sheikh Mujibur Rahman shall be President of
the Republic and that Syed Nazrul Islam shall be the Vice-President of the
Republic, and that the President shall be the Supreme Commander of all the
Armed Forces of the Republic.