Many constitutional experts opine that the fallen autocrat Sheikh Hasina Wajed has brought the country's constitution to such a ramshackle state by resorting to reckless doctoring that it has now become almost impossible to follow it by letter or spirit. The interim government that has assumed office after riding on the crest of a people's revolution in Bangladesh is also facing problems in dealing with it, occasionally giving rise to some questions as well. The government is apparently following some parts of the constitution while ignoring others.
Firstly, Article-123 (3,4) of the Bangladesh constitution provides for holding parliamentary election without dissolving the parliament, which is quite unprecedented and without any parallel in democratic nations of the world. It implied that 600 elected MPs including 300 from the outgoing parliament could exist simultaneously, even though for a brief period. This bizarre phenomenon was in fact witnessed during the fraudulent elections of 2014, 2018, and 2024.
Secondly, Article-7A on the offence of abrogation, suspension, etc. of the constitution has been laid out in such a way that anyone guilty of such 'seditious' act shall be meted out the highest punishment under existing laws.
Thirdly, Article-7B of the constitution that contradicts Article-142 related to amending the constitution stipulates that the preamble, all articles of Part-1, Part-2 and Part-3 subject to the provisions of Part-IXA, and provisions of articles related to the basic structures of the constitution including Article-150 of Part-XI shall not be amendable by way of insertion, modification, substitution, repeal, or by any other means.
Fourthly, although Article-54 provides for the Speaker of parliament to discharge the president's responsibility in his or her absence, it does not clarify who will be in charge if and when the Speaker is absent or unable to discharge that responsibility.
Fifthly, Article-47 of the current constitution is wholly contradictory and directly clashes with the fundamental rights of citizens as provided for in Part-3 of the constitution.
According to Barrister Nazir Ahmad, the interim government of Bangladesh has broadly three options before them for dealing with the constitution. The first one is to gift the nation with a completely new constitution by repealing the existing one. This can be done by holding election to a 300-member Constituent Assembly, whose sole task will be to frame and adopt a constitution for the country. A countrywide referendum can then be held for approving the constitution and providing legal cover to the tenure and workings of the interim government.
In the second option, the interim government can constitute a committee comprising 50 to 60 experts for framing a new constitution. The only task of this committee will be to draft a new constitution, which will have to be subsequently approved through holding a free and fair referendum. Besides, the referendum can simultaneously provide a seal of approval to the tenure and tasks of the interim revolutionary government.
In the third option, the interim government may choose a path similar to the caretaker government of 2007-08 by depending on the goodwill of the subsequent government elected through a free and fair election organized by it. The elected government will then grant approval to constitutional changes or the new constitution as well as tenure cum tasks of the interim government.
It is quite obvious from the above that opting for the first or second option will be wiser or more pragmatic, as it will yield guaranteed outcomes. Moreover, we may not get another such opportunity to frame a new constitution, as this interim government has been the outcome of a successful mass upsurge cum people's revolution after 53 years of Bangladesh's independence. Formulation of a completely new constitution is a demand of time and fully justified, as any political government is unlikely to bring about any changes to the constitution that goes against its interest. Besides, they are more likely to capitulate to the demands and preferences of civil servants in such matters, as has been observed in the past.
There are also other angles to the issue. The third option is likely to be riskier and more hazard-prone, as there are many 'ifs and buts' to its occurrence. As evident from the autobiography of the late Indian President Pranab Mukherjee, a two-thirds majority was needed by the India-backed Awami League for giving approval to the tenure and work of the 2007-08 caretaker government. Consequently, the then army-backed regime made sure that the Awami League won over two-thirds of the parliamentary seats though it got 48 per cent of popular votes, whereas BNP won 10 per cent seats despite getting 32.5 percent of popular votes.
After forming the government, the fallen autocrat Sheikh Hasina herself claimed on many occasions that the BNP could not have become the main opposition if more machinations were applied. The claims made by the then Deputy Director General of Forces Intelligence Brigadier General Fazlul Bari in the social media also reveal that special efforts were made by high-ups in his agency to extend preferential treatment to Sheikh Hasina and her party in 2008. This, together with the autobiographical utterances of Pranab Mukherjee, are corroborative evidences of the foul-play that was enacted then.
In the above backdrop, the interim government should now inform the nation about what it plans to do with regard to the constitution. This government has the mandate of the people as it came to power through a people's revolution. Therefore, the people will extend all-out support to whatever it does for the sake of the country and its people. There should not be unnecessary delays or ambiguities in this matter, as the hostile Indian establishment and her despicable local agents are still active in Bangladesh, and the momentum for bringing about changes may wane soon due to procrastination. Any confusion on the issue may also generate hearsays, rumours, and unnecessary anxieties. Whatever the hostile elements may say, we undoubtedly need to repair the Bangladesh state as desired by the people and making the constitution time-befitting in conformity with modern-day realities can be the best means for starting such a process. Options like bicameral parliament with lower and upper house, or proportional representation of political parties in parliament may also be considered to make the new constitution permanent, as no party is likely to win two-thirds majority under such a dispensation.
hahmed1960@gmail.com
Options for reforming the constitution
Helal Uddin Ahmed | Published: September 09, 2024 21:21:57
Options for reforming the constitution
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