The Constitution of Bangladesh has been amended by bringing extensive changes. In absence of the boycotting opposition MPs and in defiance of their dissent on the issue, the ruling party, by dint of its absolute majority, has passed the 15th Amendment to the Constitution. One independent Member of Parliament voted against the bill but it was passed with 291 votes.
Many fundamental changes have been made through the 15th Amendment to the Constitution. The provision of non-party caretaker government (made through the 13th Amendment to the Constitution in parliament in 1996) has been abolished.
Basic Principles
The four basic principles of the 1972 constitution have been restored. The word 'Allah' has been removed in the translation of Bismillahir Rahmanir Rahim. Islam has been retained as the state religion in the preamble of the constitution. 'Absolute Faith and Trust in God' has been removed from the constitution by the 15th amendment. The speech of Sheikh Mujibur Rahman on March 7, 1971, declaration of independence of March 26, 1971 and the proclamation of independence declared at Mujibnagar on April 10, 1971 have been incorporated in the constitution. It proposes insertion of a new Article 7A that says any unconstitutional seizure of state power should be considered treason and persons involved should be tried on sedition charges. The number of reserved parliament seats has been raised to 50 (from 40). The name of the Father of the Nation has been recognized in the constitution. Provision has been made not to immediately challenge the decision of the Election Commission in the court. It proposes amendment to Article 66 barring from contesting parliamentary polls a person who 'has been convicted of any offence under the Bangladesh Collaborators (Special Tribunals) Order 1972.'
Through passing the Fifteenth Amendment to the Constitution in a hurried manner and ignoring the opinions of the opposition parties, the Awami League government has set the second example after establishing one-party BKSAL (Bangladesh Krishak Sramil Awami League) rule (in 1975). By bringing fundamental changes through the 15th Amendment to the Constitution without holding referendum, the nation has been divided again. Clash will become inevitable. Through unilateral amendment to the constitution, the way to dialog has been closed.
Caretaker Government System
The opposition parties, political leaders having different opinions and eminent intellectuals see this amendment as a disgraceful chapter in the history of the country. The non-party caretaker government system for holding national polls was established on the basis of a national consensus. So abolition of this system on a flimsy ground has stopped the way to peaceful transfer of power. This has made the path of development of democratic process, transfer or change of power problem-ridden.
The main opposition party -- Bangladesh Nationalist Party (BNP) -- has said that the solemn honor of the constitution as the document of the nation's aspiration has been lowered; now it (constitution) has become a party manifesto of the Bangladesh Awami League after its latest 15th Amendment. The constitution is the highest law book of the country. Through this amendment, the highest law book has been rendered controversial. The Constitution is now full of self-contradictions.
Future Prospect
True, amendment to the constitution is a normal process, but it cannot be a manifesto of a party. This is why amendment to the constitution is made by incorporation and assimilation of all opinions so that no controversy arises. The Awami League has not only ignored the opposition of parties of the country, it has disregarded the prospect of amending the constitution on the basis of national consensus. It has divided the nation. Giving no notice to the voice of dissent it has revived the path of returning to one-party rule of BKSAL.
We hope the nation will choose the path of united resistance to inevitable clash and crisis. The opposition will uncompromisingly play its role responsibly to overcome the crisis.
Many fundamental changes have been made through the 15th Amendment to the Constitution. The provision of non-party caretaker government (made through the 13th Amendment to the Constitution in parliament in 1996) has been abolished.
Basic Principles
The four basic principles of the 1972 constitution have been restored. The word 'Allah' has been removed in the translation of Bismillahir Rahmanir Rahim. Islam has been retained as the state religion in the preamble of the constitution. 'Absolute Faith and Trust in God' has been removed from the constitution by the 15th amendment. The speech of Sheikh Mujibur Rahman on March 7, 1971, declaration of independence of March 26, 1971 and the proclamation of independence declared at Mujibnagar on April 10, 1971 have been incorporated in the constitution. It proposes insertion of a new Article 7A that says any unconstitutional seizure of state power should be considered treason and persons involved should be tried on sedition charges. The number of reserved parliament seats has been raised to 50 (from 40). The name of the Father of the Nation has been recognized in the constitution. Provision has been made not to immediately challenge the decision of the Election Commission in the court. It proposes amendment to Article 66 barring from contesting parliamentary polls a person who 'has been convicted of any offence under the Bangladesh Collaborators (Special Tribunals) Order 1972.'
Through passing the Fifteenth Amendment to the Constitution in a hurried manner and ignoring the opinions of the opposition parties, the Awami League government has set the second example after establishing one-party BKSAL (Bangladesh Krishak Sramil Awami League) rule (in 1975). By bringing fundamental changes through the 15th Amendment to the Constitution without holding referendum, the nation has been divided again. Clash will become inevitable. Through unilateral amendment to the constitution, the way to dialog has been closed.
Caretaker Government System
The opposition parties, political leaders having different opinions and eminent intellectuals see this amendment as a disgraceful chapter in the history of the country. The non-party caretaker government system for holding national polls was established on the basis of a national consensus. So abolition of this system on a flimsy ground has stopped the way to peaceful transfer of power. This has made the path of development of democratic process, transfer or change of power problem-ridden.
The main opposition party -- Bangladesh Nationalist Party (BNP) -- has said that the solemn honor of the constitution as the document of the nation's aspiration has been lowered; now it (constitution) has become a party manifesto of the Bangladesh Awami League after its latest 15th Amendment. The constitution is the highest law book of the country. Through this amendment, the highest law book has been rendered controversial. The Constitution is now full of self-contradictions.
Future Prospect
True, amendment to the constitution is a normal process, but it cannot be a manifesto of a party. This is why amendment to the constitution is made by incorporation and assimilation of all opinions so that no controversy arises. The Awami League has not only ignored the opposition of parties of the country, it has disregarded the prospect of amending the constitution on the basis of national consensus. It has divided the nation. Giving no notice to the voice of dissent it has revived the path of returning to one-party rule of BKSAL.
We hope the nation will choose the path of united resistance to inevitable clash and crisis. The opposition will uncompromisingly play its role responsibly to overcome the crisis.
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