Fundamental principles of state policy are those principles which act as fundamental guide to the policy creating that social, economic, administrative or international, governance of the country, making laws.
The concept of fundamental principles, Fundamental rights, Human Rights have got this formal and categorical shape from the Universal Declaration of Human Rights (UDHR) 1948. The UDHR, 1948 it is divided two categories of Human Rights- the traditional civil and political rights as well as economic social and cultural rights. The Universal Declaration of Human Rights adopted by the UN where 25 human rights have got their place. These 25 rights are two categories, 19 are civil and political rights and 6 are economic, social and cultural rights. This civil-political rights by making the former enforceable by the court and on the other hand socio-economic rights can’t be enforceable by the court.
The Constitution of The People’s Republic of Bangladesh Part three the “Fundamental Rights” this right is mainly civil and political rights (article 26 to 47). Part-II are included Economic, social and cultural rights this part are included Fundamental principles of state policy (Article 8 to 25).
Part III, Fundamental Rights, Citizens can seek redress in the High Court Division for any infringement of those rights, and the right to move the High court Division in accordance with clause (1) of article 102, for the enforcement of the rights conferred by this parr is guaranteed (Article 44). Again, the constitution notice that article 26, law inconsistent with the rights shall be void to the extent of such inconsistency. But Part II, Fundamental Principles of State Policy, Article 8(2) mention that, the principles set out in this part shall be fundamental to the governance of Bangladesh, shall be applied by the state in the making of laws, shall be guided to the interpretation of the constitution and the other laws of Bangladesh, and shall form the basis of the work of the state and of its citizens, but shall not be judicially enforceable.
The rule of international human rights law has been recognized in a strong part of Bangladesh’s constitution. Fundamental rights were first recognized in the Irish Constitution of 1937. Article 45 of the Irish Constitution included certain principles under the heading of Directive principle of Social Policy. Burma (Mayanmar) in 1949, India in 1950, of Pakistan in 1956 and 1962, following in the same sense as the Irish constitution.
Written By-
Md. Meharaj Hossen
Department of Law,
Comilla University.
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