Parliament on Thursday passed the much-talked-about bill, making sweeping changes to the constitution, including abolition of the caretaker government system, but retaining 'Islam as the state religion' and Bismillah, amid boycott by the opposition.
The Constitution (Fifteenth Amendment) Bill 2011 was passed by 291 votes with the lone independent lawmaker Mohammad Fazlul Azim voting against and five ruling alliance lawmakers voting in favour of the bill with objections to five of the 54 amendments.
Workers Party of Bangladesh lawmakers Rashed Khan Menon and Fazle Hossain Badsha and Jatiya Samajtantrik Dal lawmakers Hasanul Haq Inu, Mainuddin Khan Badal and Shah Zikrul Ahmed recorded their objections while putting their signatures on the record of the division votes.
They objected to the retention of 'Islam as the state religion', Bismillah and provisions allowing religion-based political parties and making provisions for
Bangladeshi citizenship and Bangalee nationalism.
They also objected to insertion of a new article on 'the culture of tribes, minor races, ethnic sects and communities' instead of recognising the national minorities as 'indigenous', said Inu and Menon.
The opposition Bangladesh Nationalist Party and its ally Bangladesh Jamaat-e-Islami, which have been boycotting the parliament, are strongly opposing the amendment.
The leader of the opposition, Khaleda Zia, also the BNP chairperson, at a briefing after the passage of the bill, said that the amendment transformed the constitution into a party manifesto of Awami League.
Prime minister, Sheikh Hasina, however, after the passage of the bill, told the house, 'We ensured people's power by amending the constitution.'
The amendment will keep the incumbent government in power during the next parliamentary elections due in 2014. The BNP-led opposition fears it will lead to rigging of the polls in favour of the incumbents.
Protesting at the move to repeal the caretaker system, the BNP-led opposition has already staged two general strikes.
Introduced in the constitution in 1996, the caretaker system oversaw the holding of three parliamentary polls, including the last one in December 2008 that was swept by the AL-led alliance.
Prime minister Sheikh Hasina, however, insisted that the repeal was necessary after the Supreme Court struck down the 13th amendment to the constitution.
It was Hasina who as the then leader of the opposition spearheaded a campaign for installing a non-party caretaker government to oversee free and fair polls. The then ruling BNP opposed the idea until it bowed to the opposition pressure.
Law minister Shafique Ahmed on Saturday tabled the bill, which was approved by the cabinet on June 20 in line with the 51 recommendations of the parliamentary special committee on constitution amendment, and it was sent to the parliamentary standing committee on law ministry to report to the house in two weeks after scrutiny.
The standing committee Wednesday placed its report in the house recommending a total of 54 changes to the constitution.
The process of the passage of the bill began on Thursday at about 11:45am with the law minister proposing that the house consider the bill.
Fazlul Azim proposed to circulate the bill soliciting public opinion and to send it to a 'select committee' for further scrutiny. He also proposed amendments to 13 clauses of the bill.
Azim said the hurry in the passage of the bill scrapping the caretaker government provision without consensus would lead the country to further chaos and the nation would have to face dire consequences for the mistakes of the ruling alliance.
He also staged walkout thrice protesting against rejection of his proposals and the passage of the bill despite objections.
Sixty-five amendment proposals were made in 27 clauses by nine lawmakers, including two of Awami League.
Menon termed retentions of Bismillah, state religion and religion-based politics as 'political religion'.
Even 'Bismillah' was not there in the last sermons of the Prophet Muhammad, he said.
Inu said the people did not fight in 1971 liberation war for Bismillah, state religion or religion-based politics.
All the proposals were rejected by voice vote.
All the clauses were made part of the bill by a huge margin of 289:1 and then the bill was passed by 291:1 division votes.
The bill inserts 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 any other articles relating to the other basic structures of the constitution can in no way be amended.
It, however, omits 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 replaces the phrase 'Bismillah-Ar-Rahman-Ar-Rahim (In the name of Allah, the Beneficent, the Merciful)' 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 amended the preamble restoring the preamble as it was in 1972.
It replaces the existing Article 2A by a new one that 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, revives 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 replaces 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 replaces 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 inserts 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 or 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 new article also says that such persons shall be handed highest sentence prescribed by the existing laws.
It amends 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.'
It replaces the existing Article 9 by the original article that 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 replaces 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, inserts 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.'
It inserts Article 18A that says, 'The state shall endeavour to protect and improve the environment and to safeguard the natural resource, bio-diversity, wetlands, forests and wild life for the present and future citizens.'
It inserts 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 omits 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 replaces the existing Article 38 by a new one that 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, however, adds 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.
The original proviso had, however, barred formation of any association, union or party based on religion. The original proviso was amended by the Fifth Amendment allowing formation of religion-based political party.
The bill amends 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 inserts a proviso that says, 'Nothing in this article shall prevent amendment, modification or repeal of any such law.'
It replaces the words 'auxiliary forces' by the words 'any person, group of persons or organisation'.
It omits 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 amends Article 65 increasing the number of reserved seats for women in parliament to 50 from the existing 45.
It, however, proposes no changes to the provision for elections to the reserved seats on the basis of proportional representation in parliament through single transferable vote. The provision was made by the BNP government through the 14th Amendment.
It replaces the existing Article 70 by a new one, which, like the existing one, 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 inserts a provision in Article 72 for not holding any session of the outgoing parliament inside the last 90 days of its tenure.
It amends Article 80 restoring a provision that empowers the president to withhold his assent to bills passed by parliament for enactment of laws.
It, however, drops an existing provision that requires parliament to pass again any bill, sent back to it by the president, by the votes of a majority of the total lawmakers.
It amends Articles 95, 96, 99, 103 and 116 retaining 'partial independence of the judiciary restored by the Fifth Amendment' as mentioned in the Supreme Court verdict that had declared void the Fifth Amendment.
It amends Article 118 increasing the number of election commissioners, excluding the chief election commissioner, to four.
It replaces the existing Article 123(3) by a new one that says that an election to parliament will be held inside last 90 days of the outgoing parliament. In case of dissolution of parliament before the expiry of its tenure, the election will be held in 90 days after its dissolution.
It inserts a new clause in Article 125, saying, 'A court shall not pass any order or direction, ad interim or otherwise, in relation to an election for which schedule has been announced unless the Election Commission has been given reasonable notice and an opportunity of being heard.'
It amends Article 141A saying that no state of emergency would be in effect 120 days after its proclamation.
The bill inserts fifth, sixth, and seventh schedules 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, i.e. early hours of March 26, 1971 and the proclamation of independence by the Mujibnagar government on April 10, 1971.
Source : New Age
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