Constitution to be reprinted soon
The government is going to reprint the constitution restoring the articles that were either amended or repealed during the first martial law regime.
The Ministry of Law will conduct the printing as soon as possible in line with the Supreme Court's landmark verdict scrapping the Fifth Amendment to the Constitution.
The decision came yesterday at a meeting of the parliamentary special committee for constitutional amendment.
Similarly, changes that were incorporated into the Constitution through martial law proclamations and ratified by the Fifth Amendment will also be dropped from the country's supreme charter, a committee member told The Daily Star.
The parliamentary body at a marathon meeting at the Jatiya Sangsad Bhaban yesterday took the decisions based on the opinions of constitution experts, who unequivocally asserted that the apex court verdict is self-executing, the member added.
"The law ministry will print the Constitution in line with the apex court verdict. Once the print is completed, the special committee will examine it for inconsistencies, if there is any," Suranjit Sengupta, co-chair of the parliamentary body, told a press briefing.
Contacted by The Daily Star over phone, Law Minister Shafique Ahmed, who was also present at the parliamentary body's meeting, said his ministry had already started preparations for the reprint in line with the apex court verdict.
It may require maximum two weeks to complete the printing task, he said. "Through printing of the Constitution, the apex court verdict will be implemented," Shafique added.
The members of the committee believe the so-called debates centering the way of reinstating those articles in the Constitution is likely to end with yesterday's decision.
During the first martial law regime that began after the August 15, 1975 changeover, the Constitution was frequently amended through martial law proclamations.
Changes made to the Constitution altered the fundamental principles of the state policy, destroyed its secular character, replaced Bangalee nationalism with Bangladeshi nationalism and allowed religion-based politics.
The second parliament dominated by BNP floated by the then military ruler Ziaur Rahman passed the fifth amendment act ratifying and validating all those amendments, modifications, substitutions, omissions and additions to the Constitution made indiscriminately.
The High Court on August 29, 2005 in a watershed verdict declared the Fifth Amendment illegal and void saying it undermined supremacy of the Constitution and destroyed some of its basic structures. The HC also said the articles and clauses that were amended or repealed will be retained as they were before the amendment.
The Appellate Division of the Supreme Court on February 2 this year upheld the landmark HC verdict with "modifications" and "observations".
The parliamentary body invited legal experts for their opinions to decide about the next course of action regarding the SC verdict.
Earlier on September 30, Chief Justice Khairul Haque said the articles that were either repealed or amended by martial law proclamations have automatically been reinstated after cancellation of the Fifth Amendment.
He urged the law ministry to print copies of the Constitution afresh with the reinstated articles.
At yesterday's meeting constitution experts echoed the same view and opined that it is the jurisdiction of the law ministry to print the Constitution.
Legal experts Barrister Rafique-ul- Huq, former attorney general Mahmudul Islam, Dr M Zahir, and Ajmalul Hossain, among others, attended the meeting.
Speaking anonymously, a member of the parliamentary body said the SC in its verdict reasserted the parliament's authority to amend the Constitution, refusing any other's power to do it.
He said the apex court did not amend the Constitution, rather it declared illegal and void the amendments made through martial law proclamations.
"After cancellation of the Fifth Amendment, secularism was reinstated in the Constitution. But Islam remains as the state religion as it was made so through the Eighth Amendment, which conflicts with secularism. Therefore, we will have to address the issue," the member added.
In the news briefing at the Parliament Media Centre, Suranjit Sengupta said the special committee will wait for printing of the Constitution to hold its next meeting.
Suranjit also referred to the process for implementation of the SC verdict on the Eighth Amendment case.
Talking to The Daily Star committee member Sheikh Fazlul Karim said they will hold a meeting with Leader of the House Sheikh Hasina to consult with her for some amendments.
The BNP-led government reinstated two articles in the Constitution in 1991 dropping the changes brought to the two articles following cancellation of the Eighth Amendment by the SC.
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