Proclamation of Independence

Proclamation of Independence official announcement declaring independence of Bangladesh by the First Bangladesh Government on 17 April 1971. The Proclamation so announced in effect provided the fundamental instrument of law as well as an interim Constitution of the mujibnagar government during the war of liberation, including that of the government in liberated Bangladesh until the adoption of the Constitution, made effective from 16 December 1972.

The Proclamation of Independence was made to tackle a serious situation. On the night of 25 March 1971, immediately before the military crackdown and moments before bangabandhu sheikh mujibur rahman was arrested by the Pakistan Army, he made a Declaration of Independence. Bangabandhu’s declaration was as follows:

This may be my last message: From today Bangladesh is independent. I call upon the people of Bangladesh wherever you may be and with whatever you have, to resist the army of occupation to the last. Your fight must go on until the last soldier of the Pakistan occupation army is expelled from the soil of Bangladesh and final victory is achieved.

The message of Sheikh Mujibur Rahman’s declaration of independence was reportedly sent to Chittagong shortly after mid night for transmission throughout Bangladesh over the transmitter of the East Pakistan Rifles. On 26 and 27 March two declarations of independence was made in the name of Sheikh Mujibur Rahman from Chittagong Radio Station (later named as Swadin Bangla Betar Kendra) one by M.A Hannan, general secretary of the Chittagong Awami League and the other by Major Ziaur Rahman.

Following the military crackdown by the Pakistan army in Dhaka and elsewhere on 25 March 1971, top awami league leaders including some elected members of both National Assembly (MNA) and Provincial Assembly (MPA) crossed over to India for safety. By 30 March 1971, most of them were able to assemble in Kolkata. On 10 April 1971, the MNAs and MPAs who were able to meet together in Kolkata formed themselves into a constituent assembly in exile and drafted the Proclamation of Independence. The formal meeting of the constituent assembly was held on 17 April 1971 at Baidyanathtala (re-named Mujibnagar after the proclamation), a border area in the present Meherpur district, where Professor M Yusuf Ali, an MNA formally read out the Proclamation of Independence at a simple ceremony. With this declaration the newly formed Constituent Assembly was proclaimed supreme and sovereign authority of Bangladesh. The proclamation of Independence confirmed the Declaration of Independence made by Sheikh Mujibur Rahman on 26 March 1971. The Proclamation declared that the independence of Bangladesh be deemed to have come into effect from 26 March 1971. It also legalised the Mujibnagar government and gave direction to all involved in the War of Liberation for establishing the chain of command.

The full text of the Proclamation of Independence runs as follows:

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 framing a Constitution,

AND

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 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 the 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 upon 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, amongst 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,

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 the 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 the people of Bangladesh equality, human dignity and social justice,

Declare and constitute Bangladesh to be sovereign Peoples’ 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 the 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,

shall exercise all the Executive and Legislative powers of the Republic including the power to grant pardon,

shall have the power to appoint a Prime Minister and such other Ministers as he considers necessary,

shall have the power to levy taxes and expend monies [sic],

shall have the power to summon and adjourn the Constituent Assembly,

AND

do all other things that may be necessary to give to the people of Bangladesh an orderly and just Government.

We the elected representatives of the people of Bangladesh do further resolve that in the event of there being no President or the President being unable to enter upon his office or being unable to exercise his powers and duties, due to any reason whatsoever, the Vice President shall have and exercise all the powers, duties and responsibilities herein conferred on the President,

We further resolve that we undertake to observe and give effect to all duties and obligations that devolve upon us as a member of the family of nations and under the Charter of United Nations,

We further resolve that this proclamation of independence shall be deemed to have come into effect from 26th day of March, 1971.

We further resolve that in order to give effect to this instrument we appoint Professor Yusuf Ali our duly Constituted Potentiary and to give to the President and the Vice-President oaths of office.

Sd/ Professor M Yusuf Ali

Duly Constituted Potentiary

By and under the authority of the Constituent Assembly of Bangladesh

Laws Continuance Enforcement Order

In the exercise of power conferred by the Proclamation, the Acting President Syed Nazrul Islam issued the Laws Continuance Enforcement Order to ensure continuity of all the existing laws. Following is the full text of the Order:

Mujibnagar

Dated 10th day of April, 1971

 I, Syed Nazrul Islam, the Vice President and Acting President of Bangladesh, in exercise of the powers conferred on me by the Proclamation of Independence dated tenth day of April, 1971 do hereby order that all laws that were in force in Bangladesh on 25th March, 1971, shall subject to the Proclamation aforesaid continue to be so in force with such consequential changes as may be necessary on account of the creation of the sovereign independent State of Bangladesh formed by the will of the people of Bangladesh and that all government officials, civil, military, judicial and diplomatic who take the oath of allegiance to Bangladesh shall continue in their offices on terms and conditions of service so long enjoyed by them and that all District Judges and District Magistrates, in the territory of Bangladesh and all diplomatic representatives elsewhere shall arrange to administer the oath of allegiance to all government officials within their jurisdiction.

This order shall be deemed to have come into effect from 26th day of March, 1971.

Signed: Syed Nazrul Islam

Acting President.

After the final victory in the War of Liberation on 16 December 1971, the Proclamation of Independence issued by the Mujibnagar government on 10 April, was considered as the source of the constitution of Bangladesh. During the first term of Prime Minister Sheikh Hasina’s Government in 1998, it was mentioned in the Constitution of the People's Republic of Bangladesh as a transitional provision of Bangladesh. The Proclamation of Independence, issued by the Mujibnagar Government, was included in Article 150-3 (1) of the Fourth Schedule and attached as Appendix-1 in English only in the Constitution of the People's Republic of Bangladesh published in 1998. However, the Laws Continuance Enforcement Order issued by the Acting President of Bangladesh, Syed Nazrul Islam during the War of Liberation, was included in Article 151(a) of the same schedule and was attached in the form of Appendix-2 in English language only. In the Fifteenth Amendment to the Constitution adopted Prime Minister Sheikh Hasina during the second term of her government in 2011, ‘the historical 7th March Address of the Father of the Nation Bangabandhu Sheikh Mujibur Rahman on March 7, 1971’ at the Race Course Maidan in Dhaka and the ‘Telegram of the Declaration of the Independence of Bangladesh by the Father of the Nation Bangabandhu Sheikh Mujibur Rahman on March 26, 1971’ and the ‘Proclamation of Independence issued by the Mujibnagar Government on 10th April’ is said to be a ‘historical speech and document of the freedom and liberation struggle of Bangladesh, which shall be deemed to be transitional and temporary provisions for the said period’ and which are incapable of ‘additions, changes, substitutions, repeals’ and all these cannot be amended in any way’; it was decided that all these be included in the Constitution of the People's Republic of Bangladesh. Accordingly, in 2011, Bangabandhu's historic Seventh March Address was included in Article 150(2) of the 5th Schedule, the Declaration of Independence given by Bangabandhu on March 26 was included in Article 150(2) of the Sixth Schedule of the Constitution and the Proclamation of Independence issued by the Mujibnagar Government on 10 April 1971 was included in Article 150(2) of the Seventh Schedule of the Constitution. All these documents were attached in the Constitution in both Bangla and English languages. The ‘Laws Continuance Enforcement Order’ of 1971 issued by Syed Nazrul Islam was attached as Appendix-1 of the Constitution in English language only. [Sajahan Miah]

Sources হাসান হাফিজুর রহমান (সম্পা.), বাংলাদেশের স্বাধীনতা যুদ্ধ : দলিলপত্র, তৃতীয় খণ্ড, গণপ্রজাতন্ত্রী বাংলাদেশ সরকার, তথ্য মন্ত্রণালয়, ঢাকা, ১৯৮২, পৃষ্ঠা ৪-৭; গণপ্রজাতন্ত্রী বাংলাদেশের সংবিধান, আইন, বিচার ও সংসদ বিষয়ক মন্ত্রণালয়, গণপ্রজাতন্ত্রী বাংলাদেশ সরকার, ১৯৯৮; গণপ্রজাতন্ত্রী বাংলাদেশের সংবিধান, আইন, বিচার ও সংসদ বিষয়ক মন্ত্রণালয়, গণপ্রজাতন্ত্রী বাংলাদেশ সরকার, ২০১৬