Crime & Justice

Bangladesh constitution: Must be updated to prevent autocratic rule

Dr Kamal says country at historic crossroads
Photo: Collected

Dr Kamal Hossain, emeritus president of Gono Forum, yesterday recommended updating the constitution.

He made the recommendation when Constitutional Reform Commission members, led by its chief Prof Ali Riaz, called on him at his office at the capital's Motijheel, said a press release of the commission. The process for reform was also discussed at the meeting.

At a separate programme, Dr Kamal said Bangladesh stands at a turning point in history.

"We secured our rights through struggle," he said, adding, "Before these rights were inscribed in our constitution, they were deeply rooted in our hearts. Similarly, in 1971, the constitution was framed based on the rights earned through the Liberation War, highlighting the importance of eradicating inequality and upholding secularism.

"We are indeed at a critical juncture. It is imperative to recommend constitutional amendments that eliminate the possibility of authoritarian rule," he said.

The event held at Dhaka University's RC Majumdar Auditorium was jointly organised by the Reading Club Trust and aynerkotha.com in the afternoon.

Following the Liberation War, Dr Kamal, then serving as the law minister, led a committee to draft the constitution. The draft was adopted by the Constituent Assembly on November 4, 1972, and put into effect on December 16, 1972.

Focus on constitutional reform was renewed after Chief Adviser Prof Muhammed Yunus formed an interim government on August 5 after Hasina's ouster, sparking debates over constitutional amendments.

While some called for amendments, others advocated for a completely new one, following which Yunus announced the formation of 10 commissions aimed at reforming the state.

Referring to the events of July and August, Dr Kamal remarked, "The brutal violence and repression inflicted on our students and numerous citizens, the disregard for the rule of law -- these experiences must be enshrined in our Constitution. We are responsible for reforming the Constitution in a way that prevents any recurrence of such injustices in the future."

At the event, constitution researcher Arif Khan presented the keynote speech, while political analyst Dr Zahed Ur Rahman and senior Supreme Court advocate Mustafizur Rahman Khan participated as discussants.

In his keynote ‍speech, Arif Khan described the student-led uprising as a mass-awakening against state oppression.

"This movement has presented us with an opportunity for self-reconstruction by addressing critical historical and structural errors," he noted.

Khan argued for preserving the constitutional ideals that arose from the nation's political struggles and heritage.

"Any attempt to replace the constitutional framework shaped by the Liberation War would lead to ideological conflicts and a void in national life, so our current duty should be a constitutional renaissance, not replacement," he asserted.

Zahed Ur Rahman said the Awami League had eroded the electoral system, leading to the uprising. He called for the reestablishment of a caretaker government system to facilitate credible elections.

Zahed further commented that there is no pressing justification for those advocating for a complete rewriting of the constitution.

"There is no document in the world that can simply be put in place to solve all problems," he said, emphasising that reform, rather than a total rewrite, is preferable.

Regarding the idea of a bicameral parliament, he suggested that the lower house could continue to be elected through the current system, while members of the upper house could be selected proportionally based on the lower house's vote counts.

He noted that this system could help establish a balanced dynamic between the two chambers of parliament.

Mustafizur Rahman Khan advocated for elected governments to hold the authority to amend the Constitution. He urged the government to prioritise private sector development to reduce unemployment among university graduates.

Md Zulfikar Islam, CEO of Reading Club Trust, delivered the welcome address at the event, which was attended by reading associates, faculty and students from various universities, and people from diverse backgrounds.

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