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Article 7(ii) of The Constitution of Bangladesh provides that the constitution is the supreme law of Bangladesh. If any ‘other law’ is
inconsistent with this constitution that ‘other law’ shall to the extent of
such inconsistency be void. Now there is a question that is the expression ‘other
law’ include an amendment to the constitution!
In Anwar Hossain Chowdhury V.
State, it was contended that an amendment of the Constitution is made by an Act
of Parliament which falls within the definition of law in Article 152(1) and is
a law within the meaning of ‘that other law’ in Article 7.
An amendment of the Constitution is to be treated as ‘that other
law’ within the meaning of Article 7 and such an interpretation is in conformity
with the basic structure doctrine accepted in the Anwar Hossain Chowdhury Case. In
a Subsequent case, M. Kamal J opined that ‘other law’ in Article 7 includes
constitutional amendments.
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