hal-05662013 Resilient or Fragile ? Constitutional Secularism in Bangladesh in Dialogue with France

This article examines the constitutional paradox of secularism in Bangladesh, an important South Asian jurisdiction that follows a common law constitutionalism. In Bangladesh, secularism coexists with Islam as the state religion. The paper traces the historical evolution of this duality from the 1972 Constitution to contemporary reform debates, highlighting the role of judicial interpretation and political transformation. Situating Bangladesh within the broader South Asian experience, the paper engages in a comparative dialogue with European models of secularism, particularly French laïcité. It argues that while European systems benefit from institutional solidity and doctrinal clarity, South Asian secularism reflects a culturally embedded and politically contingent form of pluralism. The article proposes that Bangladesh's model is best understood as a sui generis constitutional arrangement that seeks to reconcile religious identity with democratic inclusion, though it remains normatively fragile and open to contestation.