In the Constitution of Bangladesh, state responsibility is not explicitly framed in the same legal-technical language as in international law, but the spirit of state responsibility—especially towards citizens—is embedded within the constitutional framework, particularly in the Directive Principles of State Policy and certain Fundamental Rights.
Where State Responsibility Is Reflected:
1. Preamble
The preamble of the Constitution states the commitment to establish:
“a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens.”
This sets the moral and philosophical basis of the state’s responsibilities.
2. Fundamental Principles of State Policy (Articles 8–25)
These principles serve as guiding responsibilities for the state. Key areas include:
- Article 15 – Provision of basic necessities (food, clothing, shelter, education, medical care)
- Article 17 – Free and compulsory education
- Article 19 – Equal opportunity for all citizens
- Article 20 – Work as a right and duty
- Article 21 – Duty of public servants to serve the people
Though not judicially enforceable, these principles form the ethical foundation of state responsibility.
3. Fundamental Rights (Articles 26–47A)
These are legally enforceable rights, which imply responsibility on the part of the state to protect and promote:
- Right to equality (Art. 27)
- Protection of law (Art. 31)
- Right to life and liberty (Art. 32)
- Freedom of thought, conscience, and speech (Art. 39)
- The state is liable for any violation of these rights through judicial review and constitutional writs (Articles 44 and 102).
4. Judicial Mechanism (Article 102)
The High Court Division has the power to issue writs against the state or its functionaries for:
Enforcement of fundamental rights
Failure in legal duty by the state or public authorities
This provision allows citizens to hold the state accountable, thus practically establishing the principle of state responsibility under constitutional law.
Yes, the Bangladeshi Constitution includes the idea of state responsibility, though:
It is not titled as such
It is spread across Fundamental Principles of State Policy, Fundamental Rights, and Judicial mechanisms
The Constitution blends moral-political responsibilities (Part II) with legally enforceable obligations (Part III), creating a dual layer of state accountability.
The Distinction: Idea vs. “Incorporation of State Responsibility
While the idea of state responsibility is philosophically present in the Constitution of Bangladesh”
Through the preamble, directive principles, and fundamental rights—it is not institutionally or explicitly incorporated as a standalone legal doctrine in the constitutional text or structure.
1. Idea without Institutional Backing
The Constitution espouses broad commitments to justice, equality, and welfare. However, these remain aspirational without clear mechanisms of enforceability or legal codification of responsibility.
For example:
Directive Principles of State Policy (Part II) articulate social and economic responsibilities, but they are not justiciable (Article 8(2)).
There is no express constitutional provision that states, “The State shall be liable for its actions or omissions causing harm to its citizens.”
Thus, while the philosophy of responsibility exists, the legal infrastructure to hold the State accountable for policy failures, negligence, or systemic harm remains incomplete.
2. Why Incorporation Matters:
Without explicit incorporation, the idea of state responsibility:
- Lacks legal precision and boundaries (e.g., scope, remedies, limitations)
- Cannot be invoked directly in courts (except under limited writ jurisdiction)
- Remains subject to political will rather than legal obligation
In contrast, countries that do incorporate state responsibility (e.g., Germany, India under tort claims, some European welfare states) establish clear doctrines such as:
State liability for negligence or abuse
Compensation mechanisms
Right to seek redress for administrative failure
To effectively implement state responsibility,
The Constitution should move beyond moral directives and legally enshrine accountability of the State in specific provisions.
Administrative and constitutional torts should be recognized.
Public compensation laws and citizen redress mechanisms must be embedded within the legal framework.
This would bridge the gap between theory and practice, transforming political ideals into enforceable legal standards.
The presence of the idea is not equivalent to incorporation. In Bangladesh, while the idea of state responsibility exists in spirit, its constitutional implementation is inadequate. Without explicit incorporation, the state remains ethically bound but not legally accountable, limiting the effectiveness of citizens’ rights and public trust.
Legal Researcher and Educator
Founder Director, Shah Legal Aid and Research Centre
