Politicians and legal experts at a discussion on Friday said the constitution had been amended time and again for the gains of individuals or coteries and called for checks and balances in authority to ensure proper practice of parliamentary democracy.
A number of speakers said the authority given to the prime minister by Article 55 of the constitution was similar to the power wielded by the Russian Tsars. They also called for repeal or at least modification of Article 70 which barred the lawmakers from floor crossing.
Most of the speakers at the discussion on 'the constitution of Bangladesh: issues and challenges' accused the government of hide-and-seek in amending the constitution.
Citing the print of only 500 copies of the constitution printed in line with the Supreme Court verdicts that nullified the Fifth Amendment, they said it indicated that the policymakers were eager that it did not go public.
Jurist Rafique-ul Huq said it was high time to have an upper house of the legislative to ensure checks and balances in power but BNP's standing committee member Moudud Ahmed opposed the idea saying Bangladesh was a unitary state and not a federation and that there was no scope for a bi-cameral parliament in such a small country.
Rafique laid stress on changing the mindset of the politicians and practice of honesty at least at intellectual level. 'The court has banned unconstitutional usurpation of power or imposing martial law. Court rulings cannot prevent martial law if we do not change our mindset,' he said.
'Whatever our two leaders say, their followers simply echo it. Nobody seems to have the guts to differ with them. Such attitude needs to be changed. It requires
change of political culture,' he said.
'Indians never think of martial law and there is no such ban in their constitution. Because they developed their minds in that way,' he said.
Rafique also called for keeping the judiciary out of interim administration. 'It is true that the caretaker government system is not good but there is no alternative at the moment. But the judiciary has to be kept above controversy. I told the chief justice in court that I have the impression that he has been made the chief justice for appointing him the chief adviser to the next caretaker government. He [chief justice] had said in reply it was embarrassing for him too,' he said.
Rafique suggested that before every election, the outgoing parliament should suggest a panel from which the chief adviser and the advisers could be picked.
Former Dhaka University vice-chancellor Emajuddin Ahmed said vesting all authority in the prime minister could not be called parliamentary democracy. 'The authority the prime minister enjoys could be compared only with the power wielded by the Russian Tsars,' he said.
Emajuddin called for modifying Article 70 of the constitution and Rafique-ul Huq said the article should not be applied other than the issue of passing budget or in the case of a no-confidence motion.
Moudud Ahmed said it was parliament and not the judiciary which could amend the constitution. He said those who had printed the constitution in February should face trial for cheating the people. 'If it was done at the instruction of the chief justice, he should not be spared,' said Moudud citing that changes were made in the print at least in 31 articles beyond what the court had ruled.
He criticised the nullification of the Fifth Amendment condoning sections that suit the judges. 'Their logic is that military rulers' orders are illegal and they suggested banning martial law… It was the judges who administered oath of every head of martial law governments,' he said.
Jatiya Party lawmaker Anisul Islam Mahmud criticised those who claimed there was a constitutional vacuum. 'Of course there is the constitution and the state is run by it,' he said.
BNP lawmaker MK Anwar, Supreme Court Bar Association president Khandkar Mahbub Hossain, journalist Ataus Samad, former attorney general Fida M Kamal and Dhaka University law teacher Asif Nazrul also spoke at the programme moderated by Dhaka University law teacher Borhanuddin Khan.
The Centre for National Studies executive director Sabih Uddin Ahmed gave introductory speech.
Source: New Age
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