1. Introduction:

After the independence of Bangladesh, the Constitution of 1972 determined the fundamental structure of the state. However, there are profound questions regarding its formulation process and ideological foundation. Many analysts believe that it was not enacted through a complete constitutional process; rather, it was adopted by representatives elected for Pakistan, following an Indian-influenced design, and without the direct approval of the people.

2. The Constitution drafted by Members elected for Pakistan:

Those who were elected in the 1970 election as members of the National Assembly and Provincial Assemblies of Pakistan were entrusted with the responsibility of framing the Constitution in Bangladesh after independence. Yet their mandate was to participate in the federal structure of Pakistan, not to draft a Constitution for independent Bangladesh. Therefore, the people did not give any direct mandate on the question of a new Constitution.

3. Absence of a genuine Constituent Assembly:

In most countries, after independence, a separate Constituent Assembly is formed. This did not happen in Bangladesh. The members elected for Pakistan were declared as the Constituent Assembly through an administrative order (Constituent Assembly Order, 1972). Thus, in the true sense, it was not an independent Constituent Assembly.

4. Absence of people’s mandate and referendum:

The Constitution of the new state was adopted without the direct approval of the people. There was no referendum, no public consultation. It was implemented solely by the will of the parliamentary majority party. As a result, although it had legal validity, its democratic legitimacy became questionable.

5. One-party control and absence of opposition views:

The Awami League established exclusive control in the drafting of the Constitution. The number of opposition members was very limited. Therefore, there was no scope for alternative opinions or broad public participation. Drafted within just nine months, this Constitution essentially became a reflection of a one-party political structure and ideology.

6. The three principles of the Declaration of Independence versus the four principles of the Constitution:

During the Liberation War of 1971, the Proclamation of Independence defined three fundamental principles of the state of Bangladesh—
Nationalism, Democracy, and Socialism.

But in the 1972 Constitution, along with these three, one more new principle was added—Secularism.

Why did this inconsistency occur?

(1). Indian influence:
Due to India’s direct cooperation and influence after independence, secularism was incorporated as the fourth principle, in line with Indian political philosophy.

(2). The political philosophy of the Awami League:
The Awami League leadership had long opposed religion-based politics. When the opportunity came, they permanently inserted secularism into the state philosophy.

(3). Change without the people’s consent:
The people accepted the three principles during the Liberation War. But during the drafting of the Constitution, the new principle (secularism) was included without the direct approval of the people.

(4). Result:
Thus, an ideological inconsistency was created between the Proclamation of Independence and the Constitution. The state philosophy for which the people fought was partially altered in the Constitution, which adopted a new structure prescribed by India.

7. The Constitution written on Indian prescription:

There are several reasons why the Constitution of 1972 is called “written on Indian prescription”—

Among the four principles, secularism was directly inspired by the Indian Constitution.

In areas such as fundamental rights, emergency provisions, and the parliamentary structure, imitation of the Indian Constitution was evident.

The unofficial advice of Indian jurists and policymakers played a role in the drafting of the Constitution.

8. Conclusion:

The Constitution of 1972 was undoubtedly a historic document in the state-building process of Bangladesh after independence. Yet its limitations are clear—

(1). It was drafted by members elected for Pakistan.
(2). A genuine Constituent Assembly was not formed.
(3). The people gave no mandate; no referendum was held.
(4). It was drafted quickly under one-party control.
(5). Instead of the three principles of the Proclamation of Independence, four principles were adopted.
(6). The Constitution was formulated under Indian influence and imitation.

Therefore, it can be said that while the Constitution of 1972 was legally valid, its democratic and constitutional legitimacy was questionable. The true path to drafting a constitutional document lies in the formulation of a Constitution through the direct participation of the people, referendum, and national consensus.