Our proclamation of independence is one of the main legal instruments for our war of liberation. We have formally started our journey as an independent state by that proclamation. In the dark night of 25 March, 1971, when the Pakistani occupation forces started their so-called ‘Operation Searchlight’ to kill the Bengali people and their aspiration for independence, Bangabandhu Sheikh Mujibur Rahman, sent a letter declaring the independence for Bangladesh. This letter was sent via telegraph to the then Chittagong Awami League Leader for further action and broadcast it in the country and world. Though, before it, Bangabandhu urged the Bengali to get ready for the struggle of independence in his historic 7th March speech at Race Course Moidan. This all are the part of our movement for independence. However, the legal and constitutional journey to form an independent country has started on 10th April, 1971 by this Proclamation of Independence. This proclamation, very logically and legally, was considered post-facto effective from 26 March, 1971, when the occupation forces started blood- bath which within a very short time turned to genocide and indiscriminate killing of bengali people.
This fundamental instrument of law was the interim constitution of the country since 26th March, 1971 to 16th December 1972, till the new established country has adopted a new constitution of its own. Considering this, this was our first constitution in deed.
In this proclamation, the background and reason for the struggle of independence was mentioned. The then Pakistani ruler declined to transfer power to the elected representatives of the people of this country, rather they started indiscriminate killing. They did not summon the session of the constituent assembly consisting of the members elected in 1970 general election where Awami League bagged 167 seats out of 169. President Yahya Khan without summoning the session scheduled on March 3, had postponed it for an indefinite period. And thereafter, initiated the operation Searchlight.
The proclamation of independence declared that the purpose of the Independent Bangladesh will be to ensure equality, Human Dignity and Social Justice for the people and the country. The country was declared as a Peoples’ Republic. Bangabandhu Sheikh Mujibur Rahman was made the President of the country while Syed Nazrul Islam was made the vice president. In absence of the President, the vice president will act on his behalf. For very practical reasons, power of the armed forces, executive and the legislative was vested to the president. Therefore, all the powers were given to the president to make the country an independent. And in this proclamation, the state fully had shown its allegiance to the Charter of the United Nations.
It may be mentioned that the laws and regulations which were in effect in the Pakistani regime have also made effective in Bangladesh for continuation of the law and administration. All the foreign missions and offices were acknowledged subject to allegiance to Bangladesh. So, this fundamental instrument of law cannot be separated from our history of independence.
