Rights

Constitution reforms without election risk legal challenges

Say speakers at a discussion

Any constitutional reform without an elected body may raise questions on its legality, said speakers at a discussion yesterday.

They also stressed the need for an election before carrying out those reforms.

Their opinions came at a discussion titled, "Post-Mass Uprising State Repair: Constitution", organised by the Chhatra Union at the RC Majumdar Auditorium of Dhaka University.

Supreme Court lawyer Advocate Hasnat Qayyum said, "If the constitution is reformed in this way, there will be challenges to its credibility in the future. To address this, an election should be held."

He said if reforms are carried out now, before the election, there will be a risk that the elected government might not accept those.

"Will the future government accept or reject the reforms?" he asked.

"It is important to keep in mind that the ultimate authority lies with the people. The constitution is a legitimate document because it was created according to the will of the people -- this is the source of its legitimacy... The constitution of 1972, for instance, was created based on the will of the people," Hasnat Qayyum said.

"To understand people's will, the accepted method worldwide is to hold a vote. If the people elect the constitutional assembly, and that assembly makes amendments to the constitution, a referendum should be held. If the people accept those changes, the constitution reforms will be considered legitimate."

He concluded, "Many consider the 1970 election as merely an election for forming a government, but it was not just that. The 1970 election served two purposes. First, it was to form a constitutional assembly that would create a constitution for Pakistan. Once that constitution was accepted, the National Assembly would be formed based on it. In other words, through a single election, both the constitutional assembly and national assembly's roles were fulfilled. If the constitution is amended in a similar way in Bangladesh, its legitimacy will be ensured."

Former student leader Abdullah Al Kafi also spoke at the discussion. He agreed with the proposal to amend the constitution through an election.

Syed Nizar, a teacher at Jahangirnagar University, said, "The constitution of 1972 carries the spirit of 1971. Similarly, there is a certain spirit of 2024. The question now is, how can we assimilate these two spirits?"

He said political consensus on the reform of the functional aspects of the charter can be reached. However, revising the ideological aspect will be difficult.

"The challenge now is how we can accommodate these changes," he added.

Comments

Constitution reforms without election risk legal challenges

Say speakers at a discussion

Any constitutional reform without an elected body may raise questions on its legality, said speakers at a discussion yesterday.

They also stressed the need for an election before carrying out those reforms.

Their opinions came at a discussion titled, "Post-Mass Uprising State Repair: Constitution", organised by the Chhatra Union at the RC Majumdar Auditorium of Dhaka University.

Supreme Court lawyer Advocate Hasnat Qayyum said, "If the constitution is reformed in this way, there will be challenges to its credibility in the future. To address this, an election should be held."

He said if reforms are carried out now, before the election, there will be a risk that the elected government might not accept those.

"Will the future government accept or reject the reforms?" he asked.

"It is important to keep in mind that the ultimate authority lies with the people. The constitution is a legitimate document because it was created according to the will of the people -- this is the source of its legitimacy... The constitution of 1972, for instance, was created based on the will of the people," Hasnat Qayyum said.

"To understand people's will, the accepted method worldwide is to hold a vote. If the people elect the constitutional assembly, and that assembly makes amendments to the constitution, a referendum should be held. If the people accept those changes, the constitution reforms will be considered legitimate."

He concluded, "Many consider the 1970 election as merely an election for forming a government, but it was not just that. The 1970 election served two purposes. First, it was to form a constitutional assembly that would create a constitution for Pakistan. Once that constitution was accepted, the National Assembly would be formed based on it. In other words, through a single election, both the constitutional assembly and national assembly's roles were fulfilled. If the constitution is amended in a similar way in Bangladesh, its legitimacy will be ensured."

Former student leader Abdullah Al Kafi also spoke at the discussion. He agreed with the proposal to amend the constitution through an election.

Syed Nizar, a teacher at Jahangirnagar University, said, "The constitution of 1972 carries the spirit of 1971. Similarly, there is a certain spirit of 2024. The question now is, how can we assimilate these two spirits?"

He said political consensus on the reform of the functional aspects of the charter can be reached. However, revising the ideological aspect will be difficult.

"The challenge now is how we can accommodate these changes," he added.

Comments

সুতা আমদানি, ভারত, পোশাক কারখানা, বিজিএমইএ, বিটিএমএ,

দেশে সুতা আমদানি বেড়েছে, সিংহভাগ এসেছে ভারত থেকে

স্থানীয় পোশাক রপ্তানিকারকরা বলছেন, গত বছর পশ্চিমা বাজারে তৈরি পোশাকের রপ্তানি বাড়ায় বেশি সুতা আমদানি করেছে বাংলাদেশ।

এইমাত্র