TOPIC ON CASE COMMENT: ANWAR HOSSAIN CHOWDHURY VS. BANGLADESH, 1989 B.L.D. (SPL) 1, 41 D.L.R. (AD) 165 (1989)

Abstract

The case of Anwar Hussain Chowdhury vs. Bangladesh commonly known as 8th amendment case is an important judgment in the constitutional history of independent Bangladesh. This is the first decision whereby the Supreme Court of Bangladesh overruled an amendment to the constitution by the parliament. In this case, the supreme court of Bangladesh in a 1989 famous decision case recognized the basic structure doctrine or the idea of ‘unconstitutional constitutional amendment’ ruling that parliament lacks authority to amend the Constitution in a system that would abolish its basic structure. The case which judicial review is shown in sub-article 5 of article 100 is inconsistent with articles 44 and 114. However, Mohammad Moin Uddin and Rakiba Nabi, who said that 

“While judicial review itself is a debated phenomenon in democratic countries, its use in constitutional amendments adds further complexity to the debate”. 

Because the amending power of the parliament does not extend to that which can change the basic structure of the constitution. This case is in relation to changing six benches of high court division outside of the Dhaka, which is contradictory to Bangladesh constitution. The aim of this paper is to maintain the basic structure of the constitution, which the parliament eliminated through their amendment powers. Nevertheless, this paper will firstly the fact of the case and then will do critical analysis what was the problem in the 8th amendment of independence Bangladesh which goes against public laws.