Push for rewriting Constitution

Speakers at a discussion suggested on Saturday that the Constitution be rewritten to establish good governance, rules of law and real democracy in the country.
They also advocated for independence of the judiciary, prevention of constitutional dictatorship and freedom of speech.
They came up with suggestions at a national dialogue titled "Constitutional Amendment or Repeal: Which Path Will Lead to Democratic Reconstruction?" organised by the Centre for Governance Studies (CGS) at the Bangladesh Institute of International and Strategic Studies (BIISS) in the capital.
They said that the current Constitution is inflexible and that needs to accommodate amendments more effectively.
They said that to move beyond its rigid framework, we must consider whether a new constitution is necessary.
They said that creating a new constitution would effectively establish a new republic which could entail renaming Bangladesh.
AF Hassan Ariff, adviser to the local government, rural development and cooperatives ministry, said the Constitution serves as a vehicle for a democratic reform.

"Since the aspirations of 1971 remain unfulfilled, the mass uprising of 2024 has brought forth the need for change. For this reason, we should consider establishing a second republic while preserving the essence of the first," he said.
"A continuously amended constitution does not hinder democratic progress; rather it remains a dynamic document. Our primary focus should be on democratic reconstruction, incorporating diverse perspectives to rebuild democracy effectively," he said.
CGS Executive Director Zillur Rahman said for many years, the people of Bangladesh have harboured the unfulfilled dream of establishing a democratic nation.
"Instead, the past 15 years have seen Bangladesh under a dictatorship marked by forced disappearance and a  complete absence of freedom of speech," he said.
He says that the mass uprising has successfully ousted Prime Minister Sheikh Hasina from power.
Dr. Ali Riaz, distinguished professor of Illinois State University, said that the core question is whether the current Constitution can truly support a democratic society.
"Over the past 15 years, we've witnessed an autocratic regime that the Constitution has effectively sustained. I believe significant reforms are necessary to achieve a genuine democratic change," he said.
He said that the concentration on power in the Prime Minister's Office is a major concern, with the Prime Minster (PM) holding both executive and presidential authority.
"The current regime operated entirely within the Constitution, meaning that future leaders will inherit the same extensive powers," he said.
"We also need mechanism to prevent the tyranny of the majority in parliament, potentially through proportional representation or a bicameral system. The freedom of expression has been curtailed, as CGS has documented over the past four years with the misuse of the DSA and the CSA," he said.
"Given the structure of the current Constitution, even a party winning a majority of 300 seats cannot amend it. Therefore, in my view, the Constitution needs to be completely rewritten," he stated.
He said a critical issue is the independence of the judiciary.
He said that the process for appointing members to constitutional bodies lacks transparency and must include open hearings.
Mahfuj Alam, special assistant to the Chief Adviser, said that the people's will must be central to any constitutional changes.
SUJAN Secretary Dr Badiul Alam Majumdar said that the interim government must clarify whether it intends to reform or completely rewrite the Constitution.
"It is crucial for the government to establish a clear roadmap for the nation's repair and reconstruction," he said.
New Age Editor Nurul Kabir said for a democracy, the roles of drafting and amending the Constitution should be distinct.
The sovereignty rests with the people, not with the parliament. The requirements for a constitution are rooted in history, dating back to 1971. A constitution essentially serves as the state's biography.
"The current Constitution has several shortcomings and must reflect the will of the people. This must be clearly represented in the Constitution," he said.
Dr Borhan Uddin Khan, professor at the Department of Law, University of Dhaka, said that the Constitution has become effectively criminalised and overly rigid, with one-third of it immune to amendment.
He advocated for establishing a new republic with a new constitution.
Barrister Sara Hossain, senior advocate at the Bangladesh Supreme Court, emphasised the need for diverse perspectives in the ongoing discussion.
"There must be more scrutiny of the argument that the Constitution should be entirely rewritten. While dismantling existing structures may seem straightforward, creating something new is far more challenging," she said.
Dr Manzoor Hasan OBE, Executive Director, Centre for Peace and Justice, BRAC University, President of Bangladesh Supreme Court Bar Association AM Mahbub Uddin Khokon, Chief of Chakma Circle Devasish Roy, Prof Dr Dilara Chowdhury of Political Science at Jahangirnagar University, Munira Khan, president of FEMA, and ZI Khan Panna, advocate at the Bangladesh Supreme Court spoke among others.
The CGS has taken the initiative to make recommendations to the interim government led by Professor Muhammad Yunus for necessary reforms. The dialogues will be held in various divisional cities, including Dhaka.
Eight national dialogues will be held in Dhaka as part of national-level dialogues, said Zillur.
The topics of the dialogue include reforms of the Constitution, the judicial system, civil administration, constitutional offices, intelligence agencies, law enforcement agencies, banking sector, economic policies, foreign loans and mass media, and ensuring justice for the victims of human rights violation.
Four regional dialogues will be held in Chattogram, Rajshahi, Sylhet and Khulna, Zillur said.
The CGS will make public summaries of the discussions and specific recommendations to be made through the dialogues and will endeavour to disseminate them through the media, he said.
The CGS believes that these dialogues will play an important role in establishing and protecting the country's democratic future.
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