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Old January 29, 2013, 12:53 PM
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Quote:
Originally Posted by zsayeed
^ so the constitution is protected against religious bias- what of the other laws that are not part of the constitution. I mean there are differences between a change in the constitution (amendment) and a law.

If the other laws are protected as well - then we need worry about segregation. But we are - hence - there is a loophole.

(PS - by the same token - you cannot ban a party because of their religious makeup - ie - they are protected)
The Constitution is the supreme law of Bangladesh. If any law in the country is incompatible with the Constitution then it is rendered null and void. Therefore, if there is some law that is religiously discriminatory, then that can be brought before the High Court Division of the Supreme Court of Bangladesh under Article 102 of the Constitution (our Judicial Review clause) through a writ petition and set aside/quashed etc.

In addition to Article 41 cited in that article by Barrister Harun-ur-Rashid, I'll refer you to some other constitutional provisions that are key:

- The Preamble: which after the 15th Amendment, retains "Bismillah-Ar-Rahman-Ar-Rahim" but also re-institutes "nationalism, socialism, democracy and secularism" as the fundamental principles of the Constitution.

- Article 2A: "The state religion of the Republic is Islam, but the State shall ensure equal status and equal right in the practice of the Hindu, Buddhist, Christian and other religions."
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