Constitution, Opinion

Thoughts on the Proposed Reforms to the Constitution of Bangladesh, our ‘Salus populi suprema lex esto’

Audity Falguni

Be it Roman jurist Cicero, Greek philosopher Aristotle or comparatively modern ‘Social Contract’ writers like Hobbes, Locke or Jean Jacques Rosseau, ‘constitution’ has been acknowledged as the ‘supreme book ‘of a state across the civilizations. Bengalis, both a tolerant and rebel nation, have traversed the crude epochs of history over the millennium. Their struggle for justice and dignity touched its momentum with the birth of Bangladesh as an independent state in 1971 and adoption of a liberal, democratic and egalitarian constitution. But how many times the military dictators and religious bigots have tried to destroy the fundamental tenets of our constitution? Are we facing that recurrent, dark trial even today?

In a manner that resonates with the Latin maxim 'Salus populi suprema lex esto' (The welfare of the people shall be the supreme law), attributed to the renowned Roman jurist Cicero in  De Legibus (Book III, Part III, Section VIII), the Constitution of Bangladesh similarly asserts in its Preamble. :  Further pledging that it shall be a fundamental aim of the State to realize through the democratic process a socialist society, free from exploitation a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic, and social, will be secured for all citizens.’   Adopted by the Constituent Assembly on November 4, 1972, and coming into effect on December 16 of the same year, our Constitution is the culmination of our blood-stained, nine-month-long Liberation War in 1971. It consists of 153 articles, 11 parts, and 4 schedules. Our Constitution establishes Bangladesh as a ‘Unitary Parliamentary Democracy’ and enshrines the four fundamental principles of

nationalism, socialism, democracy, and secularism. The current ‘Constitution Reform Commission,’ chaired by Bangladeshi American political scientist and author Dr. Ali Riaz, a Professor at Illinois State University and a US citizen, has recently put forth seven significant proposals for changes to the Constitution of Bangladesh. These proposed reforms have sparked considerable debate across various segments of society. Even the Bangladesh Nationalist Party (BNP), which might have been expected to benefit the most from the reforms scheduled for July 2024, as well as the satirical online magazine earki—another strong advocate for the July 2024 initiative—have voiced their dissent regarding these proposed constitutional changes.  Evolution of Constitution  Encyclopedia Britannica defines ‘constitution’ as ‘the body of doctrines and practices that form the fundamental organizing principle of a political state.’  Etymologically, the term ‘constitution’ is derived from the Latin word) constitutio, used for regulations and orders, such as the imperial enactments (constitutiones principis: edicta, mandata, decreta, rescripta, etc.). Later, the term was vastly used in Canon law for any pertinent determination, particularly a…

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