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In
many countries practising a parliamentary form of
government of the Westminster model, Heads of States are
constituent parts of their respective Parliament.
British Parliament, for example, consists of the
Sovereign, the House of Lords and the House of Commons.
Parliaments of India and of Pakistan are similarly
constituted with the President and two Houses. There is,
however, no express provision in the Bangladesh
Constitution for making the President a constituent part
of Parliament. He
is, however, invested with parliamentary and legislative
functions similar to those enjoyed by the Heads of
States in the above-mentioned countries. Some of the
parliamentary and legislative powers and functions of
the President are mentioned below:
a.
Parliament
is summoned, prorogued and dissolved by the President in
accordance with the advice of the Prime Minister
tendered to him in writing.
b.
The
President may address Parliament and send messages.
There is also a mandatory provision in the Constitution
that the President shall address Parliament at the
commencement of the first session after a general
election and also at the commencement of the first
session each year. His address is discussed in the House
through a motion of thanks.
c.
A
Bill passed in Jatiyo Shangshad becomes an Act of
Parliament only after President has assented, or is
deemed to have assented, to it.
d.
No
Money Bill can be introduced in Parliament except on the
recommendation of the President. When a Money Bill is
passed in Parliament and is presented to the President,
he has to assent to it within a period of 15 days.
e.
In
the case of a Bill, other than a Money Bill, the
President may either assent to it or return it to
Parliament within 15 days of its presentation to him
with a message requesting that one or more of the Bill's
provisions be reconsidered. He may also request the
consideration of any amendments specified by him in the
message. The last, and so far the only, Bill to be
returned to Parliament by the President with a message
requesting reconsideration was the Code of Civil
Procedure (Amendment) Bill, 1998.
f.
When
the President returns a Bill to Parliament for
reconsideration, the Bill can be presented to him again
for assent only if it is passed by Parliament by the
votes of a majority of the total number of its members.
This second time, the President is required to assent to
the Bill within seven days. If he fails to do so, he is
deemed to have assented to the Bill on the expiry of
that period.
g.
At
any time when Parliament is dissolved or is not in
session, the President may make and promulgate an
Ordinance, if he is satisfied that circumstances
obtaining call for immediate legislation. From the time
of its promulgation, an Ordinance has the like force of
law as an Act of Parliament. An Ordinance has to be laid
before Parliament at its first meeting following its
promulgation and it ceases to have effect at the
expiration of 30 days after it is so laid in Parliament,
unless the Ordinance is, in the meantime, repealed or a
resolution disapproving of the Ordinance is passed in
Parliament.
h.
The
President may, upon the advice of the Prime Minister
authorise the withdrawal from the Consolidated Fund of
the Republic funds necessary to meet expenditure for a
period up to sixty days in a particular year pending the
making of the grants and passing of the law for
appropriation from that Fund by Parliament.
These
stipulations in the Constitution, as well as others,
leads one to the inevitable conclusion that the
President of Bangladesh is, for all practical purposes,
a constituent part of Parliament, despite there being no
express provision to that effect in the Constitution.
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