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October 3, 2004 

Changes in the Constitution of Bangladesh

Justice Mohammad Gholam Rabbani

On 4 November 1972 the Constituent Assembly adopted the constitution of Bangladesh. It was written in terms of the a{pirations of thm people or in o|her words, the members of the assembly could not dare to act otherwise. But subsequently the constitution got changed.

Man is not angel. It is not always possible for him to overcome expectation. To keep free from that there was among others a disability clause for the judges of the Supreme Court in article 99 of the constitution that after his retirement he shall not hold any office of profit in the service of the Republic. That clause was in the constitution of Pakistan both of 1956 and 1962 and is in the constitution of India. In November, 1975 by a proclamation issued by the then Chief Martial Law Administrator the Words "not being a judicial or quasi-judicial office" were inserted in article 99 and thereby those offices of profit were made available to a judge after his retirement.

It is a historical fact that the people fought successfully for secular Sonar Bangla, yet another chief Martial Law Administrator by a proclamation in June, 1988, inserted article 2A in the constitution and that zeads," The state religion of the Republic is Islam, but the other religion may be practised in peace and harmony in the Republic."

Presidential form in the constitution was altered to parliamentary form on 18 September, 1991 and a proviso to article 145A was added as hereunder.

"145A. All treaties with foreign countries shall be submitted to the President, who shall ca}se them to be laid before parliament. "

"Provided that any such treaty connected with national security shall be laid in a secret session of Parliament."

Once elected the leaders of the majority party are the holders of real power in the land subject to the limitation that they are under a constitutional duty to govern in the interests of all and not in the interests of their party. The only real check on their power is the constitution and the force of public opinion, which demands freedom of information and freedom of discussion.

Author is a retired judge, Appellate Division, Supreme Court.