Non-elected people can\\\'t run democratic country: Speaker
FE Report | Sunday, 25 January 2015
Speaker of the parliament (Jatiya Sangsad) Shirin Sharmin Chaudhury Saturday said non-elected people cannot run a democratic country.
"Running a democratic country by non-elected people does contradict the democratic spirit," she said adding constitutional democracy can only prevail within constitutional framework.
She was speaking at a programme, organised in connection with the launching of a book, 'Constitutional Democracy' -- not Death Squads again, authored by Economic Affairs Advisor to the Prime Minister Dr Mashiur Rahman.
The Mawla Brothers published the book. The launching programme was held at the National Museum in the city.
Speaking as the chief guest, the Speaker of the JS said any problem that appears in a democratic country must resolved within the constitutional framework. There is none and there should not be any other means to do that, she pointed out.
She said democracy cannot flourish under an unconstitutional environment. Undemocratic system tends to invite another undemocratic system.
Mrs Chaudhury said the book clearly depicts the problem and its resolution before and after the current situation in Bangladesh.
Former Chief Justice ABM Khairul Haque said the apex court in a country cannot ask a parliament to pass a law. It only can suggest in the form of direction.
"During the 13th amendment, the apex court said the parliament may continue the caretaker government system for two terms, which the writer (Dr Mashiur) totally avoided in his book," he said.
The Supreme Court had declared illegal a 15-year-old constitutional provision that mandates an elected government to transfer power to an unelected non-partisan caretaker administration to oversee a new parliamentary election on completion of its term.
A seven-member SC panel, headed by the then Chief Justice ABM Khairul Haque, gave the verdict on majority vote.
He said it is people who are the owner of the Constitution; they are the final authority to decide what should be in the Constitution. The Constitution itself has no power; people allow the Constitution to be powerful, he added.
He questioned the current hot topic of dialogue.
"Why there would be a dialogue if there is no agenda, no goal to be achieved at all," he asked.
The former Chief Justice also said the book unnecessarily gives more focus on BNP-Jamaat alliance more than what it deserves.
He said before the full restoration of democracy, there must be democracy within political parties.
Another Advisor to Prime Minister HT Imam said, the 10th parliamentary election was very much related to Bangladesh's existence. If the election was not held, the country would have been thrown into rule of darkness, he opined.
He said the international community is with current government. If the BNP wants rule of democracy, they should prepare for the 11th national election.
Barrister Amirul Islam wanted to know why the law to check terrorism is not being enforced properly.
He urged the Prime Minister to enforce the anti-terrorism law.
Barrister Anisul Islam Mahmud said the caretaker government was annulled by the court, not by the Awami League or Sheikh Hasina.
National University Vice-Chancellor Harun-or Rashid said if political parties and people do not agree on some basic and common issues, democracy cannot flourish.
Writer of the book Dr Mashiur Rahman said even if there is an amendment to the constitution, the basic spirit of the Constitution cannot be changed.
He also said there is no proof that the Election Commission had an intention to manipulate the results of the last election.
He termed BNP, Jamaat-e-Islami as 'anti-system' elements as they did not participate in the 10th parliamentary election.
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