The much-talked-about bill which seeks sweeping changes to the constitution, including abolition of the caretaker government system and punishment on charges of treason for illegal takeover of state power, but retains 'Islam as the state religion' and Bismillah, was tabled in parliament on Saturday.
The law, justice and parliamentary affairs minister, Shafique Ahmed, placed the Constitution (Fifteenth
Amendment) Bill 2011, which was approved by the cabinet on June 20 in line with the 51 recommendations of the parliamentary special committee on constitution amendment.
The bill was tabled amid absence of the opposition lawmakers and walkout staged by lone independent lawmaker Fazlul Azim.
Requesting the minister to withdraw the bill and place it again after consulting opposition political parties and holding a referendum if necessary, Azim said, 'The people will not accept the bill if it is passed without consulting the opposition parties.'
Turning down Azim's proposal, the law minister said that the parliamentary special committee, in its 27 meetings, had consulted political parties and other professional bodies.
'The bill has been prepared in line with the Supreme Court verdicts that have declared the Fifth and 13th Amendments to the constitution void and now it is the right time to place it in the Jatiya Sangsad, which will make a decision on the bill after thorough discussions,' Shafique said.
The bill was tabled after Azim's proposal was rejected by the house in votes taken by voice.
Workers Party lawmaker Rashed Khan Menon and Jatiya Samajtantrik Dal lawmaker Hasanul Haq Inu, who earlier gave notes of dissent on retention of 'Islam as the state religion', Bismillah and provisions on religion-based political parties, also supported the law minister's proposal for tabling the bill.
The speaker, Abdul Hamid, sent the bill to the parliamentary standing committee on law ministry for further scrutiny asking it to report to the house in two weeks.
The bill proposes 51 changes to the constitution, recommended by the special committee.
It proposes insertion of a new Article 7B, which says that the preamble, Article 1–7B, Article 8–25 which deal with fundamental principles of the state, Article 26–47A dealing with fundamental rights, Article 150 which protects the transitional and temporary provisions, and the provisions of the articles relating to the other basic structures of the constitution can in no way be amended.
The bill, however, proposes deletion of the provisions on referendum.
According to the existing Article 142, any amendment to Article 8 (fundamental principles), Article 48 (president) and Article 56 (ministers) needs a referendum.
The bill proposes that the phrase 'Bismillah-Ar-Rahman-Ar-Rahim (In the name of Allah, the Beneficent, the Merciful)' will be replaced by the phrase 'Bismillah-Ar-Rahman-Ar-Rahim (In the name of Allah, the Beneficent, the Merciful)/ In the name of the Creator, the Merciful' before the preamble.
It proposes amendment to the preamble restoring the preamble as it was in 1972.
The bill proposes substitution of the existing Article 2A by a new one.
The proposed article says, 'The state religion of the republic is Islam, but the state shall ensure equal status and equal rights in the practice of Hindu, Buddhist, Christian and other religions.'
The existing article says, 'The state religion of the republic is Islam, but other religions may be practised in peace and harmony in the republic.'
The bill, however, proposes revival of the original Article 12, which was omitted by the Fifth Amendment.
The article says, 'The principle of secularism shall be realised by the elimination of – (a) communalism in all its forms; (b) granting by the state of political status in favour of any religion; (c) abuse of religion for political purposes; any discrimination against, or persecution of, persons practicing a particular religion.'
The bill proposes substitution of Article 4A by a new one making it mandatory to preserve and display the portrait of the 'Father of the Nation Bangabandhu Sheikh Mujibur Rahman' in all government, semi-government and autonomous offices, and all educational institutions.
The existing article was inserted by the 14th Amendment making provision for preserving and displaying the portraits of the president and the prime minister.
The bill proposes replacement of Article 6 with a new one that says, '(1) The citizenship of Bangladesh shall be determined and regulated by law. (2) The people of Bangladesh shall be known as Bangalees as a nation and the citizens of Bangladesh shall be known as Bangladeshis.'
It proposes insertion of a new Article 7A that says, 'If any person, by show of force or use of force or by other unconstitutional means — (a) abrogates, repeals or suspends of attempts or conspires to abrogate, repeal or suspend this constitution or any of its article; or (b) subverts or attempts or conspires to subvert the confidence, belief or reliance of the citizens to this constitution or any of its articles, his such act shall be sedition and such person shall be guilty of sedition.'
The proposed article also says that such persons shall be handed highest sentence prescribed by the existing laws.
It proposes amendment to Article 8 restoring the fundamental principles of the state – nationalism, socialism, democracy and secularism – and omitting Clause (1A) that says, 'Absolute trust and faith in the Almighty Allah shall be the basis of all actions.'
The bill proposes replacement of the existing Article 9 by the original article which says, '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.'
It proposes substitution of the existing Article 10 by a new one, which says, 'A socialist economic system shall be established with a view to ensuring attainment of a just and egalitarian society, free from exploitation of man by man.'
The existing article says, 'Steps shall be taken to ensure participation of women in all spheres of national life.'
The bill, however, proposes insertion of a new clause in Article 19 saying, 'The state shall endeavour to ensure equality of opportunity and participation of women in all spheres of national life.'
The bill proposes insertion of Article 18A making provisions for protection and improvement of the environment and biodiversity.
It proposes insertion of a new Article 23A that says, 'The state shall take steps to protect and develop the unique local culture and tradition of the tribes, minor races, ethnic sects and communities.'
It proposes omission of Clause (1) of Article 25(2), which deals with 'promotion of international peace, security and solidarity', and Clause (2), which says, 'The state shall endeavour to consolidate, preserve and strengthen fraternal relations among Muslim countries based on Islamic solidarity.'
It proposes substitution of the existing Article 38 by a new one.
The proposed article says, 'Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interests of morality or public order.'
It will, however, add a proviso barring formation of any association or union 'for the purposes of destroying religious, social and communal harmony among the citizens; creating discrimination among citizens, on the ground of religion, race, caste, sex, place of birth or language; organising terrorist acts or militant activities against the state or the citizens or any other country;' or objects of which are inconsistent with the constitution.
It proposes amendment to Article 47(3), which says, 'Notwithstanding anything contained in this constitution, no law nor any provision thereof providing for detention, prosecution or punishment of any person, who is a member of any armed or defence or auxiliary forces or who is a prisoner of war, for genocide, crimes against humanity or war crimes and other crimes under international law, shall be deemed void or unlawful, or ever to have become void or unlawful, on the ground that such law or provision of any such law is inconsistent with, or repugnant to any of the provisions of this constitution.'
The bill proposes insertion of a proviso that says, 'Nothing in this article shall prevent amendment, modification or repeal of any such law.'
It proposes substitution of the words 'auxiliary forces' by the words 'any person, group of persons or organisation'.
It proposes omission of Article 58A, B, C, D and E, which deal with the provision of the caretaker government and the posts of chief adviser and advisers, from Article 147.
It proposes amendment to Article 65 saying that the number of reserved seats for women in parliament would be increased to 50 from the existing 45.
It, however, proposes no change in the provision for elections to the reserved seats on the basis of procedure of proportional representation in parliament through single transferable vote. The provision was made by the BNP government through the 14th Amendment.
It proposes amendment to Article 66 barring from contesting parliamentary polls a person who 'has been convicted of any offence under the Bangladesh Collaborators (Special Tribunals) Order 1972', and holds any office of profit in this service of the Republic other than an office which is declared by law not to disqualify its holders.'
The bill proposes substitution of the existing Article 70 by a new one.
The proposed article, like the existing one, also bars a lawmaker from voting in parliament against the party or to resign from the party from which he has been elected.
The existing article, however, also bars a lawmaker from remaining absent from a sitting or from abstaining from voting defying the party directives.
The bill proposes amendment to Article 80 restoring a provision that empowers the president to withhold his assent to bills passed by the parliament for the enactment of laws.
It, however, proposes dropping an existing provision that requires the parliament to pass again any bill, sent back to it by the president, by the votes of a majority of total members of the parliament.
It proposes substitution of the existing Article 95 by a new one, which says, 'The chief justice shall be appointed by the president, and the other judges shall be appointed by the president after consultation with the chief justice.'
It proposes replacement of the existing Article 96, which deals with the tenure and removal of Supreme Court judges, with a new article.
The proposed Article 96, however, stipulates similar provisions, including the provisions of the Supreme Judicial Council, stipulated in the existing article.
The bill proposes substitution of the existing Article 99 by a new one, which will disqualify the Supreme Court judges from holding any office of profit in the service of the republic not being a judicial or quasi-judicial office after their retirements, but qualify a retired or removed High Court judges to plead before the Appellate Division.
It proposes amendment to Article 103 allowing an aggrieved person to appeal before the Appellate Division without any permission against any High Court verdict that 'has confirmed a sentence of death or sentenced a person to death or to imprisonment for life'.
It proposes amendment to Article 118 increasing the number of election commissioners, excluding the chief election commissioner, to four.
It proposes amendment to Article 122 disqualifying from being enrolled on the electoral roll a person who has been convicted of any offence under the Bangladesh Collaborators (Special Tribunals) Order 1972, which was revoked on December 31, 1975.
It proposes substitution of the existing Article 123(3) by a new one which says that an election to parliament will be held in 90 days before the expiration of its term. In case of dissolution of parliament by any other reason, the election will be held in 90 days after its dissolution.
The bill proposes amendment to Article 141A saying that no state of emergency would be in effect 120 days after its proclamation.
Although the bill proposes replacement of the existing Article 145A with new Article 145A, no change has been proposed to the provisions stipulated in the existing article.
The article says, 'All treaties with foreign countries shall be submitted to the president, who shall cause them to be laid before parliament: provided that any such treaty connected with national security shall be laid in a secret session of parliament.'
The bill also proposes that the fifth, sixth, and seventh schedules should be inserted after the fourth schedule, including the March 7, 1971 address of Sheikh Mujibur Rahman, declaration of Independence by Bangabandhu Sheikh Mujibur Rahman shortly after midnight of March 25, ie early hours of March 26, 1971 and the proclamation of independence by the Mujibnagar government on April 10, 1971.
Source : New Age