Frustrating
constitutional amendment
H.M
Fazlul Bari
The
Constitution of the People's Republic of Bangladesh is going to be amended
for the fourteenth time. Ours is a rigid Constitution amendment of which
requires some procedural technicalities. As the BNP-led coalition govt.
has landslide majority in the Parliament, the proposed amendment is
expected to be passed without much difficulty.
The
Constitution (14th Amendment) Bill contains inter alia the following
major changes:
(a)
A new Article, 4A will be inserted in the Constitution to make provisions
for preservation and hanging of portraits of the President and Prime
Minister in Govt., semi-govt. offices etc.
(b)
An amendment has been proposed to Art. 59 for holding fresh election
at the local govt. bodies after the expiry of their tenure within 90
days. It also provides for temporarily appointing govt. officials as
administrator to the elected representatives at the end of their terms
to hold a new election within 90 days.
(c)
The proposed amendment in Art. 65(3) provides for 45 reserved seats
for women in the parliament which will be distributed on the basis of
proportionate representation of the political parties. This system will
be for 10 years.
(d)
The proposed amendment in Art. 148 will empower the Chief Election Commissioner
to administer oath to the ups if the speaker fails to do so within 3
days of election.
Nothing
is sillier than insertion of Art. 4A in the Constitution for hanging
the portrait of President and the Prime Minister. In fact, not a single
Constitution in the world contains such a provision. Again, such an
amendment is inconsistent with the very sanctity of the Constitution
itself.
Amendment
of Art. 59 (3) is a positive step to develop our nascent democracy,
in particular the election of local govt bodies. The provision is intended
to prevent prolonged continuity in the office sine die on the plea of
judicial injunction on fresh election. Suggestions may be put forward
that there must be transparent rules, which demarcates the powers, functions
of the elected representatives and govt. officials in interim period.
If these provisions are believed to be honestly made, the govt. should
be immediately concerned with the election of Upazila Parishad.
Art.
65(3) alongwith amendment in the fourth schedule hits the most talked
issue of women representation in the Parliament. To many, the proposed
proportionate representation is later than the worst. While the women
were demanding direct election the selection of women MPs will be a
backward step as well. Again indirect election is deviation from the
basic spirit of the Constitution.
The
proposed amendment of Art. 148 reveals the bitter political rivalry
of our lame democracy. Nevertheless this amendment is welcome in the
sense that the speaker who might belong to a losing party may be disinterested
to administer oath of newly elected MPs. Therefore, the power of CEC
to do the same is logical enough. Again it is worth noting that oath
administered by speaker is more honourable than by CEC.
Our
constitution has been amended for 13 times. In most cases, except 1st,
12th, 13th, the Constitution was just emasculated to benefit the persons
in power, rather than to meet people's aspiration. The 14th amendment
is not an exception to that. We will welcome the amendment if direct
election of woman MPs is ensured and Art 4A does not introduce an absurd
issue like hanging of portraits. The Constitution is the solemn expression
of the will of the people. But what does the proposed amendment of the
Constitution bring for the people?
The
writer is an advocate.