{"id":24598,"date":"2025-03-26T14:23:59","date_gmt":"2025-03-26T14:23:59","guid":{"rendered":"https:\/\/muktangon.blog\/en\/?p=24598"},"modified":"2025-03-28T06:48:57","modified_gmt":"2025-03-28T06:48:57","slug":"thoughts-on-the-proposed-reforms-to-the-constitution-of-bangladesh-our-salus-populi-suprema-lex-esto","status":"publish","type":"post","link":"https:\/\/muktangon.blog\/en\/audityfalguni\/24598","title":{"rendered":"Thoughts on the Proposed Reforms to the Constitution of Bangladesh, our \u2018Salus populi suprema lex esto\u2019"},"content":{"rendered":"

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\u00a0 <\/span>De Legibus<\/span><\/i> (Book III, Part III, Section VIII), the Constitution of Bangladesh similarly asserts in its Preamble.<\/span> :\u00a0 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<\/span><\/i>.\u2019<\/span><\/p>\n

\"\"

Sun God givinig Hammurabi the first law code or constitution in Babylon<\/p><\/div>\n

 <\/p>\n

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 \u2018Unitary Parliamentary Democracy\u2019 and enshrines the four fundamental principles of nationalism, socialism, democracy, and secularism.<\/span><\/p>\n

The current \u2018Constitution Reform Commission,\u2019 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 <\/span>earki<\/span><\/i>\u2014another strong advocate for the July 2024 initiative\u2014have voiced their dissent regarding these proposed constitutional changes.\u00a0<\/span><\/p>\n

Evolution of Constitution\u00a0<\/i><\/b><\/p>\n

Encyclopedia Britannica defines \u2018constitution\u2019 as \u2018the body of doctrines and practices that form the fundamental organizing principle of a political state.\u2019\u00a0<\/span><\/p>\n

Etymologically, the term\u00a0\u2018constitution\u2019\u00a0is derived from the\u00a0<\/span>Latin<\/span><\/a>\u00a0word)\u00a0<\/span>constitutio<\/span><\/i>, used for regulations and orders, such as the\u00a0<\/span>imperial<\/span><\/a>\u00a0enactments (<\/span>constitutiones principis: edicta, mandata, decreta, rescripta,<\/span><\/i> etc.). Later, the term was vastly used in\u00a0<\/span>Canon law<\/span><\/a>\u00a0for any pertinent determination, particularly a decree ordered by the\u00a0<\/span>Pope<\/span><\/a>, nowadays acknowledged as an\u00a0<\/span>apostolic constitution<\/span><\/a>.<\/span><\/p>\n

The concept of a constitution and constitutionalism traces its origins back to the ancient Greeks, notably through the writings of Aristotle. In his seminal works, such as ‘Politics,’ ‘Nicomachean Ethics,’ and ‘Constitution of Athens,’ Aristotle employed the Greek term ‘Politeia’ to refer to a constitution. This term primarily denotes \u201cthe arrangement of the offices within a polis (state).\u201d\u00a0<\/span><\/p>\n

The theoretical foundation of modern constitutionalism, however, was established in the influential writings on the social contract, particularly by the English philosophers Thomas Hobbes and John Locke in the 17th century, as well as by the French philosopher Jean-Jacques Rousseau in the 18th century.<\/span><\/p>\n

Of them, Rousseau\u2019s main concern was to ensure validation through universal participation in legislation, making his approach appear more democratic than that of his English predecessors. He has even faced criticism for providing a philosophical foundation for what some term ‘totalitarian democracy.’<\/span><\/p>\n

The influence of social contract theories, especially regarding natural rights and the role of government, is fundamentally embedded in significant documents of human civilization, such as the American Declaration of Independence and Bill of Rights, as well as the French Declaration of the Rights of Man and the Citizen.\u00a0<\/span><\/p>\n

Constitution of Bangladesh: Marred by Repeated Amendments and Changes<\/b><\/p>\n

\u2018<\/b>Let us go then, you and I,<\/span><\/i><\/p>\n

When the evening is spread out against the sky<\/span><\/i><\/p>\n

Like a patient etherized upon a table.<\/span><\/i>\u2019 (<\/span>The Love Song of J. Alfred Prufrock by T.S. Eliot<\/span><\/i>).\u00a0<\/span><\/p>\n

The Constitution of Bangladesh has been amended 17 times since its adoption and appears to be like that \u2018patient etherized upon a table\u2019 of T.S. Eliot.\u00a0<\/span><\/p>\n

All we know is that the 1972 Bangladesh Constitution was drafted through an arduous process after our independence and Bangladesh is the first nation-state of the Bengali-speaking people since time immemorial.<\/span><\/p>\n

Surviving the 190 years of British colonial reign and 24 years of Pakistani colonial regime, we could have finally achieved our freedom in December 1971. Father of the Nation Bangabandhu Sheikh Mujibur Rahman issued the \u2018Provisional Constitution of Bangladesh Order,\u2019<\/span> directing the formulation of the Constituent Assembly assigned solely with the rigorous task of drafting the constitution. The Constituent Assembly was comprised of officials elected in the national and provincial council elections of Pakistan held in 1970.<\/span><\/p>\n

On April 10, 1972, the Constituent Assembly established a 34-member Constitution Drafting Committee, chaired by Dr. Kamal Hossain. The committee looked for public input, getting 98 memorandums and holding 74 meetings before the complete finalization of the draft. The draft was briefed on October 12, 1972, following a series of discussions from October 19 to November 3, 1972. Out of a total of 163 amendment proposals, 84 were adopted.<\/span><\/p>\n

Sadly, our cherished constitution has undergone 17 amendments so far, induced by repeated military coups, successive martial law regimes, and other emergencies.\u00a0<\/span><\/p>\n

Here a brief timeline of all the amendments that our Constitution has so far undergone is provided below:\u00a0<\/span><\/p>\n

17 Amendments of our Constitution:\u00a0<\/b><\/p>\n

The process for constitutional amendment is mentioned in Article 142 suggesting that a bill must be brought forth before the<\/span> Jatiya Sangsad\u00a0with the support of no less than two-thirds of all its members (i.e., 233 MPs). Despite such a provision, our \u2018Constitution\u2019 has been amended 17 times so far:<\/span><\/p>\n

 <\/p>\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
No. of Amendment\u00a0<\/b><\/td>\nDate<\/b><\/td>\nContext of the Amendment<\/b><\/td>\nWhat changes were brought forth\u00a0<\/b><\/td>\n<\/tr>\n
1<\/span>st<\/span> Amendment\u00a0<\/span><\/td>\n15<\/span>th<\/span>\u00a0July 1973<\/span><\/td>\nThere was no special law in the newly Independent Bangladesh to prosecute those who committed war crimes, crimes against humanity, genocide, and other crimes under international law during the liberation war in 1971. Again, the provisions of the fundamental rights in the Constitution did not allow their separate trial.\u00a0This is why the 1<\/span>st<\/span> Amendment was brought.\u00a0<\/span><\/td>\nWith this amendment, a new clause in Article 47 was inserted (<\/span>clause 3<\/span><\/i>) which allowed the parliament to make any law for the trial of war criminals. By inserting a new Article (47A) in the constitution certain fundamental rights were made inapplicable to those who would be tried under that law. The rights which were made inapplicable to them were the following:<\/span><\/p>\n

1. Right to protection of the law (Art.-31),<\/span><\/p>\n

2. Protection against trial under ex post facto law. [Art. 35(1)],<\/span><\/p>\n

3. Right to a speedy and public trial by an independent and imparity tribunal 9Art. 35(3)].<\/span><\/p>\n

4. Right to enforce fundamental rights. (art. 44)<\/span><\/td>\n<\/tr>\n

2<\/span>nd<\/span>\u00a0Amendment<\/span><\/td>\n22<\/span>nd<\/span>\u00a0September, 1973<\/span><\/td>\nThe original Constitution of Bangladesh had no provision for preventive detention and also there were no provisions for emergency and suspension of fundamental rights. During the British colonial rule and the 23 years of constitutional history of Pakistan, the arbitrary application of preventive detention law and emergency was so bitter that the AL government did not wish to leave any scope<\/span>:<\/span>\u00a0for such an exercise of power by the president. But sooner than nine months had passed, provisions for emergency and preventive detention were inserted in the Constitution by the 2<\/span>nd<\/span>\u00a0Amendment to the Constitution.<\/span><\/p>\n

Maybe the malicious campaign against the newly formed state by both the far rights as well as some ultra-leftist circles at home and abroad, setting fire to jute factories by some ultra-left groups led AL to make such an amendment in a shaken mindset.\u00a0<\/span><\/td>\n

1. A new part IXA was added to incorporate (Article 141A, 141B, 141C) emergency provision.<\/span><\/p>\n

2. Article 33 was substituted to empower the parliament to pass a law relating to preventive detention.<\/span><\/p>\n

3. Provision for enacting laws inconsistent with fundamental rights was incorporated by adding two new clauses; clause 3 of Article 26 and clause 3 of Article 142.\u00a0<\/span><\/td>\n<\/tr>\n

3<\/span>rd<\/span>\u00a0Amendment<\/span><\/td>\n28<\/span>th<\/span>\u00a0November 1974.<\/span><\/td>\n An agreement was made between Bangladesh and India in respect of the exchange of certain enclaves and fixation of boundary lines between the countries became needed.\u00a0<\/span><\/td>\nIt brought changes in Article 2 of the constitution to give effect to the boundary line treaty between Bangladesh and India.<\/span><\/td>\n<\/tr>\n
4<\/span>th<\/span> Amendment\u00a0<\/span><\/td>\n25th January of 1975.<\/span><\/td>\nBangladesh underwent a huge flood in 1974 resulting in an unprecedented famine because of the withdrawal of US food aid in retaliation to our export of Jute to the socialist Cuba. Some anti-Liberation War circles used this unfortunate condition of a new country to start a hate campaign for our glorious Liberation War.\u00a0<\/span><\/td>\nSignificant changes by this Amendment included<\/span><\/i>:<\/span><\/p>\n

-The presidential form of government was introduced replacing the parliamentary system.<\/span><\/p>\n

-A one-party system in place of a multi-party system was introduced;<\/span><\/p>\n

-The powers of the Jatiya Sangsad were curtailed;<\/span><\/p>\n

-The Judiciary lost much of its independence;<\/span><\/p>\n

-The Supreme Court was deprived of its jurisdiction over the protection and enforcement of fundamental rights.<\/span><\/td>\n<\/tr>\n

5<\/span>th<\/span> Amendment\u00a0<\/span><\/td>\n6<\/span>th<\/span>\u00a0April, 1979<\/span><\/td>\nFollowing the ruthless assassination of Bangabandhu Sheikh Mujibur Rahman on August 15<\/span>th,<\/span> 1975, the first martial law regime started its rule which continued till 6th April 1979. Though martial law was declared on 15th August 1975, the constitution was not abrogated; it was kept alive.\u00a0 However, the Constitution was changed several times by various martial law proclamations and orders, and from the constitutional point of view, all these changes to the Constitution had been illegal as only Parliament could amend it. The constitution was amended in an extra-constitutional way. The second parliamentary election was held in 1979 while martial law administrator Zia\u2019s party secured a two-thirds majority. The first session of the parliament was convened on 1st April 1979 and on 6<\/span>th<\/span>\u00a0April a Constitutional Amendment Act (5th Amendment) was introduced to validate all the activities of the martial law government made and done during the period between 15th August 1975 and 9th April 1979.\u00a0<\/span><\/td>\nSignificant changes;\u00a0<\/span><\/i><\/p>\n

The religious words \u201cBismiliahir Rahmanir Rahim\u201d were inserted at the beginning of the Constitution i.e. above the preamble.<\/span><\/p>\n

-In the original Constitution it was provided in Article 6 that the citizens of Bangladesh would be known as \u2018Bangalees.\u2019 But this was changed and it was provided now that citizens would be known as \u2018Bangladeshis\u2019.<\/span><\/p>\n

-One of the four major fundamental principles of state policy \u2018secularism\u2019 was omitted and in its place, a new one \u2018the principle of absolute trust and faith in the Almighty Allah\u2019 was inserted (Art. 8).<\/span><\/p>\n

-One of four major fundamental principles of state policy \u2018socialism\u2019 was given a new explanation to the effect that socialism would mean economic and social justice (Article 8).<\/span><\/p>\n

6. As regards the composition of the parliament, the number of reserved seats for women was increased from 15 to 30 and the period this provision was to remain in force was extended from 10 to 15 years. This provision enabled the Zia Government to manage a two-thirds majority in the parliament.<\/span><\/td>\n<\/tr>\n

6<\/span>th<\/span>\u00a0Amendment<\/span><\/td>\n10<\/span>th<\/span>\u00a0July, 1981<\/span><\/td>\n-On May 30, 1981, President Zia was killed in an army coup. On his death, Justice Abdus Sattar, the then Vice-President took the role of Acting President. Under Article 123 of the Constitution, the presidential vacancy caused by death was to be filled by an election within 180 days of the vacancy occurring, Acting President Sattar was nominated by BNP as a presidential candidate in the election. However, a constitutional problem arose respecting the method of Sattar\u2019s nomination, for the constitution did not permit him to contest the election as he was holding an office of Profit. To overcome this problem, on July 1st, 1981 a Bill called the Sixth (Constitution Amendment) Bill was introduced in the House.\u00a0<\/span><\/td>\n-To make way for the Vice President to be a candidate in the presidential election.<\/span><\/td>\n<\/tr>\n
7<\/span>th<\/span>\u00a0Amendment<\/span><\/td>\n10<\/span>th<\/span>\u00a0November, 1986<\/span><\/td>\nOn 24<\/span>th<\/span>\u00a0March of 1982, i.e.,\u00a0 128 days after the presidential election was held, a military intervention led by Hussain Muhammad Ershad, the then Chief of Army Staff took place. Through this coup, Ershad seized power ousting Sattar. Martial law was declared for the second time in Bangladesh; parliament was dissolved; the constitution was suspended and political activities were banned. Ershad first assumed the office of Chief Martial Law Administrator and he nominated Justice Ahsan Uddin Chowdhury as a phantom president. Later on, Ershad took the offices of both CMLA and president. Ershad kept martial law in force for four years and seven months beginning from 24<\/span>th<\/span>\u00a0March 1982 to 11<\/span>th<\/span>\u00a0November 1986.<\/span><\/td>\nOn 11<\/span>th<\/span>\u00a0November 1986, the Seventh Amendment to the Constitution was passed in the third parliament. By this Amendment Ershad\u2019s seizure of power in 1982 and his long-term action as CMLA were legitimized.\u00a0<\/span><\/td>\n<\/tr>\n
8<\/span>th<\/span> Amendment\u00a0<\/span><\/td>\n9<\/span>th<\/span>\u00a0June, 1988<\/span><\/td>\n<\/td>\n– A new Article 2A was created where it was provided that \u2018the\u00a0state religion of the Republic is Islam but other religions may be practiced in peace and harmony in the Republic.\u201d<\/span><\/td>\n<\/tr>\n
9<\/span>th<\/span> Amendment\u00a0<\/span><\/td>\n10<\/span>th<\/span> July 1989<\/span><\/td>\n<\/td>\nThe most significant features of this Amendment were the following :<\/span><\/p>\n

-1. Provision for direct election for the Vice President.<\/span><\/p>\n

-2. Provision for the election of the President and Vice-president simultaneously.<\/span><\/p>\n

-3. Both the President and Vice-President were to hold office for a term of five years.<\/span><\/p>\n

-4. No person was to hold office as President or Vice-President for more than two terms; whether or not the terms were consecutive.<\/span><\/td>\n<\/tr>\n

10<\/span>th<\/span> Amendment\u00a0<\/span><\/td>\n12<\/span>th<\/span>\u00a0June 1990.\u00a0<\/span><\/td>\n<\/td>\n-The period for reservation of 30 women members seats in the parliament was extended for 10 years.<\/span><\/td>\n<\/tr>\n
11<\/span>th<\/span>\u00a0Amendment<\/span><\/td>\n10<\/span>th<\/span> August 1991.<\/span><\/td>\n-After the overthrow of the Ershad regime AL, BNP, and all other political parties in the country agreed to accept the concept of a caretaker government to ensure a free, fair, and universal election.\u00a0<\/span><\/td>\n-Legalized the appointment of Shahabuddin Ahmed, Chief Justice of Bangladesh as Vice President of Bangladesh and his all activities as the Acting President and then returned to his previous position of the Chief Justice of Bangladesh.<\/span><\/td>\n<\/tr>\n
12<\/span>th<\/span> Amendment\u00a0<\/span><\/td>\n18<\/span>th<\/span>\u00a0September, 1991<\/span><\/td>\n<\/td>\nFollowing a\u00a0<\/span>constitutional referendum<\/span><\/a>, it amended Articles 48, 55, 56, 57, 58, 59, 60, 70, 72, 109, 119, 123(1) and (2) 124, 141A and 142, restoring executive powers to the\u00a0<\/span>Prime Minister’s Office<\/span><\/a>, as per the original 1972 constitution, but which had been held by the\u00a0<\/span>President’s Office<\/span><\/a>\u00a0since 1974. Instead, the President became the constitutional head of the state; the Prime Minister became the executive head; the cabinet headed by the Prime Minister became responsible to the Jatiya Sangsad; the post of the Vice President was abolished and the President was required to be elected by the members of the Jatiya Sangsad. Moreover, through Article 59 of the Constitution, this Act ensured the participation of the people’s representatives in local government bodies.<\/span><\/td>\n<\/tr>\n
13<\/span>th<\/span>\u00a0Amendment<\/span><\/td>\n28<\/span>th<\/span>\u00a0March, 1996<\/span><\/td>\n<\/td>\nThe Constitution (Thirteenth Amendment) Act, 1996 (28 March) introduced a non-party Caretaker Government (CtG) system which, acting as an interim government, would give all possible aid and assistance to the Election Commission for holding the general election. It was declared illegal on 10 May 2011 by the Appellate Division of the Supreme Court. The High Court declared it legal previously on 4 August 2004.<\/span><\/td>\n<\/tr>\n
14<\/span>th<\/span> Amendment\u00a0<\/span><\/td>\n17 May 2004.<\/span><\/td>\n<\/td>\nProvision regarding women in the parliament.<\/span><\/td>\n<\/tr>\n
15<\/span>th<\/span> Amendment\u00a0<\/span><\/td>\n30 June 2011<\/span><\/td>\n<\/td>\nThe amendment made the following changes to the constitution:\u00a0<\/span><\/p>\n

-An increased number of women reserve seats to 50 from the existing 45.<\/span><\/p>\n

-After article 7 it inserted articles 7(a) and 7(b) in a bid to end take over of power through extra-constitutional means.<\/span><\/p>\n

-Restored\u00a0<\/span>secularism<\/span><\/a>\u00a0and freedom of religion.<\/span><\/p>\n

-Incorporated nationalism, socialism, democracy, and secularism as the fundamental principles of the state policy.<\/span><\/p>\n

Acknowledged\u00a0Bangabandhu <\/span>Sheikh Mujibur Rahman<\/span><\/a>\u00a0as the Father of the Nation.<\/span><\/p>\n

-On 17 December 2024, it was declared partially illegal by the\u00a0<\/span>Supreme Court of Bangladesh<\/span><\/a>.<\/span><\/td>\n<\/tr>\n

16<\/span>th<\/span> Amendment\u00a0<\/span><\/td>\n22 September 2014<\/span><\/td>\n<\/td>\nThis amendment gave power to the\u00a0<\/span>Jatiya Sangsad<\/span><\/a>\u00a0to remove judges if allegations of incapability or misconduct against them were proved.\u00a0\u00a0<\/span><\/td>\n<\/tr>\n
17<\/span>th<\/span> Amendment\u00a0<\/span><\/td>\n8 July 2018<\/span><\/td>\n<\/td>\nThis amendment extended the tenure of the 50 reserved seats for women for another 25 years.<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

 <\/p>\n

(<\/span>This table has been prepared with the help of information from \u2018Law Help BD (Amendments of Bangladesh Constitution and Their Impacts),\u2019 \u2018Amendments to the Constitution of Bangladesh\u2019 on Wikiwand, and \u2018Amendments to the Constitution of Bangladesh\u2019 on Wikipedia<\/span><\/i>).\u00a0<\/span><\/p>\n

Context of Constitution Reformation Proposal by CRC 2025<\/b><\/p>\n

After the regime change in August 2024 and the establishment of the present Interim Government (IG), under the leadership of Noble laureate economist Dr. Muhmmad Yunus, a \u2018Constitution Reform Commission (CRC)\u2019 was formed with Dr. Ali Riaz as its head in September 2024. Led by Prof. Ali Riaz, this CRC consisted of eight members and 32 researchers who worked for the sake of \u2018public good\u2019 or on a pro-bono basis.<\/span><\/p>\n

The CRC has claimed to analyze 120 constitutions from around the globe to understand the key features of democratic principles, the benefits of a bicameral system, and the avenues for safeguarding citizens’ rights. Reportedly, it has received over 50,000 submissions from individuals and political entities, including more than 25 comprehensive re-drafts of a new constitution. Additionally, the CRC has engaged with over 100 individuals, encompassing representatives from 28 organizations, 23 civil society advocates, five constitutional experts, and 10 young thinkers.<\/span><\/p>\n

The Bangladesh Bureau of Statistics conducted a public opinion survey on 5th December 2024. The survey encompassed 45,900 households across 64 districts, with participants aged between 18 and 75 years. The Constitutional Reform Committee (CRC) invited written submissions from political parties but also allowed for face-to-face meetings upon request. In total, submissions were received from 25 political parties and three political alliances. (<\/span>The Bangladesh Constitution Reform Recommendations, 2024 Processes, Proposals and Follow-Up by Khondker Rahman, South Asian Journal, January 18, 2025<\/span><\/i>).<\/span><\/p>\n

However, CRC has so far received proposed amendments in 62 areas of the constitution from the Bangladesh National Party (BNP) as well as several recommendations from Jamaat-e-Islami.<\/span><\/p>\n

Salient Areas of the Proposed Changes by CRC<\/b><\/p>\n

Even many of the people who have supported or endorsed the regime change of August 2024, underwent a jolt at the CRC proposal to remove all the three fundamental principles of the Constitution (Bengali nationalism, secularism, socialism) except only \u2018democracy\u2019 and replace the original fundamental principles of our constitution with \u2018equality, human dignity, social justice, pluralism, and democracy.\u2019 Yes, \u2018the Commission recommended deletion of articles 8, 9, 10 and 12, which expanded on the key principles (<\/span>Constitution reform: Sweeping changes in constitution, The Daily Star, 16\/01\/2025<\/span><\/i>)<\/b>.\u2019<\/span><\/p>\n

Now what provisions of the Constitution are going to be axed down as per the recommendations of CRC? They are as follows:<\/span><\/p>\n

Article 8 (1): <\/span>The principles of nationalism, socialism, democracy, and secularism, together with the principles derived from those as set out in this Part, shall constitute the fundamental principles of state policy<\/span><\/i>),<\/span><\/p>\n

Article 9: <\/span>The unity and solidarity of the Bangalee nation, which, deriving its identity from its language and culture, attained sovereign and independent Bangladesh through a united and determined struggle in the war of independence, shall be the basis of Bangalee nationalism<\/span><\/i>),<\/span><\/p>\n

Article10: <\/span>A socialist economic system shall be established to ensure the attainment of a just and egalitarian society, free from the exploitation of man by man &<\/span><\/i><\/p>\n

Article 12:<\/span><\/i> The principle of secularism shall be realized by the elimination of –<\/span><\/i><\/p>\n

\u00a0(a) communalism in all its forms ;<\/span><\/i><\/p>\n

\u00a0(b) the granting by the State of political status in favor of any religion;<\/span><\/i><\/p>\n

\u00a0(c) the abuse of religion for political purposes ;<\/span><\/i><\/p>\n

\u00a0(d) any discrimination against, or persecution of, persons practicing a particular religion<\/span><\/i>.\u2019<\/span><\/p>\n

Yes, with time, our constitution could have been updated to include all the \u2018ethnic minority groups\u2019 besides the Bengalis, but if we need to wipe out \u2018Bengali nationalism\u2019 to evade \u2018supremacy of the majority,\u2019 can we be \u2018inclusive and pluralist\u2019 enough with \u2018state religion?\u2019 Yes, rather the names of all the major faiths and languages can be mentioned in the constitution to showcase us as real \u2018inclusive.\u2019 We should erase terms like \u2018tribals\u2019 which was last used in the ILO Convention 1969 and the word \u2018tribal\u2019 is also used in article 23 (a) of our Constitution and that can be omitted and rather the new coinages like \u2018indigenous people, ethnic minorities\u2019 or other alternative terms can be rephrased. We can improvise and update article 23 (a) (<\/span>The State shall take steps to protect and develop the unique local culture and tradition of the <\/span><\/i>tribes, minor races<\/span><\/i>, ethnic sects, and communitie<\/span><\/i>s) by replacing two words \u2018tribes, minor races\u2019 through words like \u2018Indigenous people, ethnic and linguistic minorities\u2019, etc.\u00a0<\/span><\/p>\n

The proposed \u2018reforms\u2019 also include a suggestion to change the formal Bengali version of the state name. Is this truly necessary? With ordinary citizens facing daily struggles due to a deteriorating law and order situation and soaring prices, do we need to rush into a name change, engaging in fruitless debates over a few words?<\/span><\/p>\n

The inclusion of rights such as \u201cfood, clothing, shelter, education, internet, and the right to vote\u201d within the framework of enforceable fundamental rights, as established by the original Constitution, is acceptable, provided that a free and fair election is conducted as soon as possible so that a duly elected legislature can consider these proposals.<\/span><\/p>\n

We must acknowledge that it is not only Dr. Kamal Hossain, Barrister Amirul Islam, and Barrister Tania Amir who are advocating for the protection of our constitution; even BNP leader Barrister Rumeen Farhana has raised her voice in defense of our original Constitution. Additionally, veteran BNP-leaning Journalist Masud Kamal is expressing concerns about safeguarding our constitutional integrity. Are they all mistaken? While it’s true that both major political parties in Bangladesh have histories of corruption that we no longer wish to endure, what is the current state of law and order or the escalating prices under the existing IG regime? Has Bangladesh ever experienced such a level of ‘mobocracy’ and chaos in any previous regime, even during the Ershad era? How can we be certain that merely removing the Awami League (AL) and the BNP will lead to an unprecedented ‘heaven’ in Bangladesh?<\/span><\/p>\n

The CRC’s recommendation for a bicameral legislature, comprising a 400-seat lower house and a 105-seat upper house, or Senate, which includes 100 reserved seats for women, has sparked reactions even from satirical online publications like \u2018earki,\u2019 leading to the circulation of comical memes on social media. Are we truly comparable to large and complex countries like the USA or India? Why should we allocate resources to a bicameral legislature? Additionally, the proposal to nominate at least 10 percent of candidates in the lower house from among the youth\u2014by reducing the minimum age for election candidacy from 25 to 21\u2014appears impractical. Both Bill Clinton and Barack Obama were elected as US Presidents at ages 46 and 47, respectively, and the current US Vice President, JD Vance, is just 41. All of them had to demonstrate their capabilities as highly skilled professionals and politicians. What level of maturity and skill can one realistically develop by the age of 21?<\/span><\/p>\n

Removal of Article 70 may be a good step but even Professor Anu Muhammad (who can never be branded as someone supporting Awami League) has cautioned that the \u2018buying and selling of MPs\u2019 may not be rampant.<\/span><\/p>\n

Concerning Article 4 (A) concerning the title of \u2018Father of the Nation,\u2019 some argue that the Bengali nation possesses a heritage that spans at least a thousand years. They question how one individual could be designated as the \u2018Father\u2019 of such an ancient nation, especially in a comparatively modern context, while also acknowledging the presence of various ethnic groups within Bangladesh. By this reasoning, Mahatma Gandhi might also be deemed an inappropriate choice for the \u2018Father of the Nation\u2019 of India, given that India is also an ancient civilization. Furthermore, as a Gujarati, one may wonder how he can be considered the \u2018Father of the Nation\u2019 in a land rich with diverse ethnicities. It\u2019s the same about Mohammad Ali Jinnah, the \u2018Father of the Nation\u2019 of the State of Pakistan.\u00a0<\/span><\/p>\n

It is crucial to evaluate the legacies of figures like Gandhi and Mujib based on the sacrifices and dedication they made for their respective nations in the face of British or Pakistani colonial rule. This perspective extends to other individuals recognized as \u2018Fathers of the Nation\u2019 or founders of nation-states, such as George Washington. However, it is important to acknowledge that our Constitution could and perhaps should include mentions of other prominent leaders and figures throughout history\u2014from King Shashanka to the sovereign Sultans and the twelve feudal lords of Bengal who resisted Mughal rule, as well as Titumir, Surya Sen, Pritilata Waddedar, A.K. Fazlul Haque, and Jogen Mandal. By doing so, we can honor all the distinguished sons and daughters of our soil alongside the acknowledged \u2018Father of the Nation.\u2019<\/span><\/p>\n

The proposal to elect a leader for not more than two terms as Prime Minister or President sounds logical. Reducing the tenure to four years is also reasonable if we have sufficient money to organize a poll within the shortened time frame.<\/span><\/p>\n

Building a \u2018Local Government Commission\u2019 to ensure a strong local government system sounds pragmatic.<\/span><\/p>\n

Conversely, CRC\u2019s recommendation to remove the constitutional provision that mandates the inclusion of Bangabandhu Sheikh Mujibur Rahman’s speech from March 7, 1971, his declaration of independence, and the proclamation of independence\u2014currently situated in the 5th, 6th, and 7th schedules\u2014does not appear entirely neutral. It seems to suggest that denying Bangabandhu’s contributions and the significance of the Liberation War could somehow transform Bangladesh into a paradise, a notion we can see being contradicted in our everyday reality. Furthermore, we, the common people, do not support the Awami League’s efforts to marginalize other significant figures of the war and their contributions to the remarkable achievements of our \u2018War of Independence.\u2019<\/span><\/p>\n

CRC has failed to impress us by reigniting the debate over ‘Bangladeshi’ versus ‘Bengali.’ We are fully prepared to acknowledge all ethnic minority groups in our Constitution, but we take pride in our ethnic identity as Bengalis. Such debates over terminology hold little significance when incidents of rape, murder, mugging, and extortion are rising alarmingly every day.<\/span><\/p>\n

Emphasizing state\u2019s duties mentioned under Article 17 (a) (\u2018<\/span>establishing a uniform, mass-oriented and universal system of education and extending free and compulsory education to all children to such stage as may be determined by law\u2019<\/span><\/i>) and Article 18 (a) (<\/span>The State shall regard the raising of the level of nutrition and the improvement of public health as among its primary duties, and in particular shall adopt effective measures to prevent the consumption, except for medical purposes or such other purposes as may be prescribed by law, of alcoholic and other intoxicating drinks and of drugs which are injurious to health<\/span><\/i>) seems repetitive and very little, actual addition in terms of innovations seems to exist in the proposals of CRC.<\/span><\/p>\n

Bengalis, simultaneously a tolerant and rebel nation, have traversed the crude epochs of history over the millennium. We can recall the grand victory of the \u2018<\/span>Prakriti Punja\u2019<\/span><\/i> (common people) and the election of King Gopal (the forerunner of the Pala dynasty in the late 8th century) after centuries of <\/span>Matsya Nyay<\/span><\/i> or the \u2018Rule of Fishes\u2019\u2014where the big fish eats up the smaller fish.\u2019 Did our forefathers adopt any \u2018constitution\u2019 then? Who knows! Whether they have adopted it or not, we must protect the sanctity of our constitution in this year of 2025 with all our passion and commitment.\u00a0<\/span><\/p>\n

References:\u00a0<\/b><\/p>\n

    \n
  1. Salus Populi Suprema Lex Esto \u2013 LAW Notes<\/span><\/a>\u00a0<\/span><\/li>\n
  2. Preamble of the Bangladesh Constitution.<\/span><\/li>\n
  3. https:\/\/www.britannica.com\/topic\/constitution-politics-and-law<\/span><\/a>.<\/span><\/li>\n
  4. The Love Song of J. Alfred Prufrock by T.S. Eliot.<\/span><\/li>\n
  5. Law Help BD (Amendments of Bangladesh Constitution and Their Impacts),\u2019 \u2018Amendments to the Constitution of Bangladesh\u2019 on Wikiwand and \u2018Amendments to the Constitution of Bangladesh\u2019 on Wikipedia).\u00a0<\/span><\/li>\n
  6. Amendments to the Constitution of Bangladesh\u2019 on Wikiwand<\/span><\/li>\n
  7. Amendments to the Constitution of Bangladesh\u2019 on Wikipedia.<\/span><\/li>\n
  8. The Bangladesh Constitution Reform Recommendations, 2024 Processes, Proposals and Follow Up by Khondker Rahman, South Asian Journal, January 18, 2025<\/span><\/li>\n
  9. The Constitution of the People\u200c\u200c\u200d\u2019s Republic of Bangladesh<\/span><\/a>.\u00a0<\/span><\/li>\n
  10. \u09b8\u0982\u09ac\u09bf\u09a7\u09be\u09a8\u09c7\u09b0<\/span> \u0995\u09bf\u099b\u09c1<\/span> \u09aa\u09b0\u09bf\u09ac\u09b0\u09cd\u09a4\u09a8<\/span> \u09b8\u09c1\u09aa\u09be\u09b0\u09bf\u09b6<\/span>, <\/span>\u0986\u09a8\u09c1<\/span> \u09ae\u09c1\u09b9\u09be\u09ae\u09cd\u09ae\u09a6<\/span>: https:\/\/sarbojonkotha.info\/sk-42-constitution-reform-proposal-3\/?fbclid=IwY2xjawIuZAlleHRuA2FlbQIxMQABHUeyaV-FKIP24NiGtf18vKYN9H63<\/a>\u00a0<\/span><\/li>\n<\/ol>\n","protected":false},"excerpt":{"rendered":"

    Be it Roman jurist Cicero, Greek philosopher Aristotle or comparatively modern \u2018Social Contract\u2019 writers like Hobbes, Locke or Jean Jacques Rosseau, \u2018constitution\u2019 has been acknowledged as the \u2018supreme book \u2018of 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? <\/p>\n","protected":false},"author":22353,"featured_media":24607,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[2578,5324],"tags":[5346,5344,5345,1886,160],"ppma_author":[5515],"class_list":["post-24598","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-constitution","category-opinion","tag-constitutional-amendments","tag-constitutional-reform","tag-evolution-of-constitution","tag-bangladesh","tag-constitution"],"aioseo_notices":[],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/muktangon.blog\/en\/wp-content\/uploads\/2025\/03\/Constitution.png?fit=480%2C544&ssl=1","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/pghjur-6oK","jetpack_likes_enabled":false,"authors":[{"term_id":5515,"user_id":22353,"is_guest":0,"slug":"audityfalguni","display_name":"Audity Falguni","avatar_url":"https:\/\/secure.gravatar.com\/avatar\/6ee4f8dbc5d7b94ac8ded48e2b64739aa5043d0ca4ab102091d564dd6431c1dc?s=96&d=retro&r=g","0":null,"1":"","2":"","3":"","4":"","5":"","6":"","7":"","8":""}],"_links":{"self":[{"href":"https:\/\/muktangon.blog\/en\/wp-json\/wp\/v2\/posts\/24598","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/muktangon.blog\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/muktangon.blog\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/muktangon.blog\/en\/wp-json\/wp\/v2\/users\/22353"}],"replies":[{"embeddable":true,"href":"https:\/\/muktangon.blog\/en\/wp-json\/wp\/v2\/comments?post=24598"}],"version-history":[{"count":4,"href":"https:\/\/muktangon.blog\/en\/wp-json\/wp\/v2\/posts\/24598\/revisions"}],"predecessor-version":[{"id":24605,"href":"https:\/\/muktangon.blog\/en\/wp-json\/wp\/v2\/posts\/24598\/revisions\/24605"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/muktangon.blog\/en\/wp-json\/wp\/v2\/media\/24607"}],"wp:attachment":[{"href":"https:\/\/muktangon.blog\/en\/wp-json\/wp\/v2\/media?parent=24598"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/muktangon.blog\/en\/wp-json\/wp\/v2\/categories?post=24598"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/muktangon.blog\/en\/wp-json\/wp\/v2\/tags?post=24598"},{"taxonomy":"author","embeddable":true,"href":"https:\/\/muktangon.blog\/en\/wp-json\/wp\/v2\/ppma_author?post=24598"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}