Declaration of Independence: The Birth Certificate of Bangladesh

M. Nazrul Islam:

April 10 is one of the most significant day in the history of Bangladesh’s liberation struggle. On this day in 1971, the Mujibnagar Government was formed. The undisputed leader of the nation, Father of the Nation Bangabandhu Sheikh Mujibur Rahman, was declared the President; Syed Nazrul Islam as Vice President (Acting President in Bangabandhu’s absence); and Tajuddin Ahmad as Prime Minister. The foundation of this government was the democratic mandate of the 1970 general elections. Thus, the government-in-exile gained democratic legitimacy. After its formation, a coordinated plan of action was developed to conduct the war with both domestic and international support.

On the night of March 25, 1971, the Pakistan military launched a brutal crackdown in Dhaka and across then-East Pakistan. In the face of this genocide, Awami League leaders and members of the National and Provincial Assemblies crossed the border into India for safety. By March 30, many had gathered in Kolkata. Those provincial assembly members who could reach Kolkata by April 10 formed the provisional cabinet under Tajuddin Ahmad. At his direction, Professor Rehman Sobhan, with the help of others, drafted the Declaration of Independence. Later, Barrister Amir-ul-Islam refined it with legal amendments.

A declaration of independence outlines the inherent character and guiding principles of a nation. It is a treasured document for any state. The April 10, 1971 Declaration provided legal legitimacy to Bangladesh’s claim to statehood and secured its international recognition as an independent country. That is why this day must be remembered.

The declaration was first broadcast from Mujibnagar on April 10, and then, on April 17, Professor M. Yusuf Ali, a member of the Constituent Assembly, formally read it aloud at a solemn event in Mujibnagar, Meherpur district. Through this proclamation, the newly formed government-in-exile declared Bangladesh’s independence and sovereignty, reinforcing its legitimacy and justifying its existence. The declaration also formally approved the March 26 declaration of independence and stated that independence would be considered effective from March 26, 1971. Thus, the Mujibnagar Government was recognized as the lawful authority of Bangladesh. A chain of command was established for all freedom fighters.

Here is the exact text of the declaration:

⸻

Declaration of Independence by the Constituent Assembly of Bangladesh
Mujibnagar, Bangladesh
Date: April 10, 1971

Whereas, the people of Bangladesh elected representatives through free elections held from December 7, 1970, to January 17, 1971, for the purpose of framing a constitution;

And whereas, the Awami League secured 167 out of 169 seats in the election;

And whereas, General Yahya Khan summoned the elected representatives to a session for constitution-making on March 3, 1971, and arbitrarily and illegally postponed it indefinitely;

And whereas, instead of fulfilling their promises, the Pakistani authorities betrayed the people and declared war during negotiations;

And whereas, under such treacherous circumstances, the undisputed leader of 75 million people, Bangabandhu Sheikh Mujibur Rahman, legally declared independence on March 26, 1971, in Dhaka and called upon the people to resist;

And whereas, Pakistan has since launched an inhumane war and is carrying out mass killings against unarmed civilians;

And whereas, due to these atrocities, it became impossible for the representatives of Bangladesh to frame a constitution or establish a government;

And whereas, the people of Bangladesh, through their valor and revolutionary actions, have established effective control over their land;

We, the elected representatives of the people of Bangladesh, forming the Constituent Assembly, hereby declare Bangladesh a sovereign People’s Republic with the aim of ensuring equality, human dignity, and social justice. We approve Bangabandhu Sheikh Mujibur Rahman’s earlier declaration of independence.

We further declare that until a constitution is adopted, Sheikh Mujibur Rahman shall be the President and Syed Nazrul Islam shall act as Vice President. The President shall be Commander-in-Chief of the Armed Forces, with full executive, legislative, and financial powers, and all other necessary authority to establish legal and orderly governance.

If the President is absent, unable, or incapacitated, the Vice President shall assume all powers.

We pledge to fulfill all responsibilities and duties as a member of the international community and under the UN Charter.

This declaration shall be deemed effective from March 26, 1971.

We appoint Professor M. Yusuf Ali to administer the oath of office to the President and Vice President.

Signed:
Professor M. Yusuf Ali
On behalf of and by the authority vested in the Constituent Assembly of Bangladesh

⸻

As per Article 150(1) and the Fourth Schedule of the Bangladesh Constitution, the Declaration of Independence has constitutional recognition as a transitional provision. Through the 15th Amendment, it has now been fully incorporated into the Constitution (Fifth Schedule). Article 7(b) also gives it the status of a basic structure, making it an unalterable provision. This declaration served as the foundation for the 1972 Constitution.

The document clearly states:

“This declaration of independence shall be deemed to have come into effect from March 26, 1971.”

As for that declaration—Bangabandhu’s own words still echo in our national memory:

“THIS MAY BE MY LAST MESSAGE. FROM TODAY BANGLADESH IS INDEPENDENT. I CALL UPON THE PEOPLE OF BANGLADESH, WHEREVER YOU MIGHT 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.”
— Sheikh Mujibur Rahman, March 26, 1971

This declaration defines the essence and principles of our statehood. It granted legal legitimacy and global recognition to Bangladesh. Thus, this day is forever etched in our history.

Following the brutal assassination of Bangabandhu and his family, anti-independence forces tried to drag Bangladesh back toward Pakistan’s influence. But under Prime Minister Sheikh Hasina, the country realigned with the ideals of independence and moved swiftly toward building Sonar Bangla.

However, these same pro-Pakistan elements again destabilized the nation through violence and terrorism, forcing the elected Prime Minister Sheikh Hasina into exile on August 5. After seizing power, their first target was the historic house at Dhanmondi 32, the birthplace of the independence movement, which they burned and bulldozed. Across the country, they vandalized and torched sculptures, murals of Bangabandhu, and war memorials. They attacked the central office of the Awami League and its branches nationwide.

They canceled March 7, August 15, and other national days, banned the historic student organization Bangladesh Chhatra League, and acquitted the accused in the August 21 grenade attack case.

During the Liberation War, the slogan “Joy Bangla” was a powerful source of inspiration. It expressed the nation’s identity, politics, culture, language, and emotion. Victorious freedom fighters would shout “Joy Bangla” in celebration. In December, the month of victory, a High Court order recognized “Joy Bangla” as the national slogan, but the illegitimate regime in power had that order suspended through the Appellate Division.

There is now a conspiracy to ban the Awami League, the party that led the Liberation War. Hundreds of false cases have been filed against the party president and activists. Human rights violations, killings, and terrorism plague the country. To protect Bangladesh’s independence and its people, and to build a prosperous, secular nation rooted in the spirit of 1971, we must vow to oust Dr. Muhammad Yunus and his accomplices, the modern-day collaborators of the 1971 murderers, rapists, and war criminals.

Although we achieved victory in 1971, the Bengali nation has not truly returned home from the battlefield. The struggle continues against both domestic and international conspiracies.

On this historic day, we pay our deepest respects to the Father of the Nation Bangabandhu Sheikh Mujibur Rahman, the four national leaders, 3 million martyrs, and the countless mothers and sisters who were violated. We solemnly remember and honor all who helped us win our freedom. At the same time, we condemn the traitors of this country who aided the Pakistani forces.

Writer: President, All-European Awami League