Constitutional amendments: Some proposals
Tuesday, 3 May 2011
A B M Shamsud Doulah
The government has formed a special committee for amending the Constitution of Bangladesh, suggesting massive changes and causing changes in the basic character of it. It is learned from the media reports that various changes are being considered regarding the state religion, making and shaping of the caretaker government and also many other important subjects. The Constitution is the supreme law of the country providing the guideline for running the state and the functioning of the government for the welfare of the people of the country. Therefore, it is obvious that all citizens of the country are deeply concerned with the proposed new amendments, causing changes in the basic characteristics of the Constitution. While considering major amendments to the Constitution, other issues may also be considered, relating to the state language; citizenship; and also the qualification of the members of our national parliament. Forty years have passed since the independence of our country and now it is high time that we should properly examine what new changes through Constitutional amendments the country needs under the present circumstances and the changing global stiuation. The state language of Bangladesh is Bengali. But everybody knows in consideration of the global situation, Bangladesh needs a proper placement of English in our national life as well as in administrative practice, especially considering the fact that most of our laws are still in English and all the communications with the foreign countries and the international organisations are required to be done in English. Due to various political reasons and wrongful appreciation, English has no constitutionally recognized status in Bangladesh. What we find today in Bangladesh is that the standard and quality of English language used by the new generation is neither good in standard, nor good in quality as a result of which our officials at all levels have been facing huge difficulties. In consideration of the present situation, none can deny the necessity of giving the English language an official status constitutionally in Bangladesh. This means that we should adopt English as an alternative official language as we find in several neighbouring countries. In addition, we find scores of non-English speaking countries of the world using English simultaneously side by side with their main official language. There are many such countries in all continents including Asia. If English is given a constitutional status as the second official language, then our nation will get the opportunity of getting better communication and status internationally. Such a step will in no way undermine the status of our state language Bengali. The status and requirement as to citizenship of Bangladesh has not been properly dealt with in the clause defining citizenship of Bangladesh in our current Constitution. It is only stated that the citizenship of Bangladesh shall be determined and regulated by the law; which means that only the subordinate and minor laws will be governing the citizenship of Bangladesh. This is not the correct step for a sovereign democratic country. All constitutions of important democratic countries of the world broadly define the fundamental principle of citizenship of the respective countries. It is important that our Constitution must clearly define the requirements of Bangladesh citizens and Bengalee nationality. There is no such definition in our current Constitution. Nationality is governed by the birth and allegiance. The status of a natural-born citizen, by virtue of birth-right and that of the naturalized citizen by virtue of application and renunciation of previous citizenship, should not be the same. A dual citizen cannot be entitled to any public office only on the basis of his Bangladesh origin or enlistment as a voter. Just as a point of reference, it may be stated here that a full citizen of the United States cannot even become a presidential candidate if he is not a United States national by birth. Unfortunately, we have learnt that many foreign nationals in Bangladesh held public offices and also the membership of the national parliament. Such examples are unfortunate and are against our sovereign interests and principles of national independence. The qualifications for the candidates contesting the elections to the Bangladesh National Parliament are not perhaps proper. Any Bangladeshi citizen of 25 years of age, even if he is less educated or illiterate, may contest for the parliamentary elections. We do not find any logic or reason how we can permit an illiterate or less educated person to become a legislator, that is a Member of Parliament, with the high responsibility of making laws and formulating policies for the nation. In most of the democratic countries, there are certain qualification requirements for becoming a legislator. The minimum standard may be fixed as a post-graduate university degree for such a highly responsible position. It may be stated here by way of reference that, even one of our neighbouring countries has made such requirements for the candidature for the position of a legislator. The above suggestions are submitted for serious consideration of the constitutional amendment sub-committee in the greater interest of the nation. We all know that in a new nation like Bangladesh, sufficiently experienced and qualified legislators may not be promptly available. To meet such gaps, consideration may be made for reservation of say one-third of the parliament seats for the retired high government officials and professionally qualified persons. Of course, there also should be election process for such candidates, strictly upholding the values of a democratic process. The writer is an Advocate of the Supreme Court
The government has formed a special committee for amending the Constitution of Bangladesh, suggesting massive changes and causing changes in the basic character of it. It is learned from the media reports that various changes are being considered regarding the state religion, making and shaping of the caretaker government and also many other important subjects. The Constitution is the supreme law of the country providing the guideline for running the state and the functioning of the government for the welfare of the people of the country. Therefore, it is obvious that all citizens of the country are deeply concerned with the proposed new amendments, causing changes in the basic characteristics of the Constitution. While considering major amendments to the Constitution, other issues may also be considered, relating to the state language; citizenship; and also the qualification of the members of our national parliament. Forty years have passed since the independence of our country and now it is high time that we should properly examine what new changes through Constitutional amendments the country needs under the present circumstances and the changing global stiuation. The state language of Bangladesh is Bengali. But everybody knows in consideration of the global situation, Bangladesh needs a proper placement of English in our national life as well as in administrative practice, especially considering the fact that most of our laws are still in English and all the communications with the foreign countries and the international organisations are required to be done in English. Due to various political reasons and wrongful appreciation, English has no constitutionally recognized status in Bangladesh. What we find today in Bangladesh is that the standard and quality of English language used by the new generation is neither good in standard, nor good in quality as a result of which our officials at all levels have been facing huge difficulties. In consideration of the present situation, none can deny the necessity of giving the English language an official status constitutionally in Bangladesh. This means that we should adopt English as an alternative official language as we find in several neighbouring countries. In addition, we find scores of non-English speaking countries of the world using English simultaneously side by side with their main official language. There are many such countries in all continents including Asia. If English is given a constitutional status as the second official language, then our nation will get the opportunity of getting better communication and status internationally. Such a step will in no way undermine the status of our state language Bengali. The status and requirement as to citizenship of Bangladesh has not been properly dealt with in the clause defining citizenship of Bangladesh in our current Constitution. It is only stated that the citizenship of Bangladesh shall be determined and regulated by the law; which means that only the subordinate and minor laws will be governing the citizenship of Bangladesh. This is not the correct step for a sovereign democratic country. All constitutions of important democratic countries of the world broadly define the fundamental principle of citizenship of the respective countries. It is important that our Constitution must clearly define the requirements of Bangladesh citizens and Bengalee nationality. There is no such definition in our current Constitution. Nationality is governed by the birth and allegiance. The status of a natural-born citizen, by virtue of birth-right and that of the naturalized citizen by virtue of application and renunciation of previous citizenship, should not be the same. A dual citizen cannot be entitled to any public office only on the basis of his Bangladesh origin or enlistment as a voter. Just as a point of reference, it may be stated here that a full citizen of the United States cannot even become a presidential candidate if he is not a United States national by birth. Unfortunately, we have learnt that many foreign nationals in Bangladesh held public offices and also the membership of the national parliament. Such examples are unfortunate and are against our sovereign interests and principles of national independence. The qualifications for the candidates contesting the elections to the Bangladesh National Parliament are not perhaps proper. Any Bangladeshi citizen of 25 years of age, even if he is less educated or illiterate, may contest for the parliamentary elections. We do not find any logic or reason how we can permit an illiterate or less educated person to become a legislator, that is a Member of Parliament, with the high responsibility of making laws and formulating policies for the nation. In most of the democratic countries, there are certain qualification requirements for becoming a legislator. The minimum standard may be fixed as a post-graduate university degree for such a highly responsible position. It may be stated here by way of reference that, even one of our neighbouring countries has made such requirements for the candidature for the position of a legislator. The above suggestions are submitted for serious consideration of the constitutional amendment sub-committee in the greater interest of the nation. We all know that in a new nation like Bangladesh, sufficiently experienced and qualified legislators may not be promptly available. To meet such gaps, consideration may be made for reservation of say one-third of the parliament seats for the retired high government officials and professionally qualified persons. Of course, there also should be election process for such candidates, strictly upholding the values of a democratic process. The writer is an Advocate of the Supreme Court