The cabinet on Monday approved a bill seeking sweeping changes to the constitution, but retaining 'Islam as the state religion' and Bismillahir Rahmanir Rahim that drew objection from a lone cabinet member.
Planning minister AK Khandoker opposed the retention of 'Islam as the state religion' and Bismillah before the preamble of the constitution, which, he observed, contradicted the principle of secularism proposed to be restored as it was in the constitution framed in 1972, a minister told New Age.
According to the minister, AK Khandoker also argued that the retention was absurd as the bill proposed restoration 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 practising a particular faith.'
Finance minister AMA Muhith also said the retention of 'Islam as state religion' contradicted the spirit of the original constitution.
The prime minister, Sheikh Hasina, however, told the cabinet that the Awami League-led alliance government favoured retention of 'Islam as the state religion' and Bimillah taking into account the 'reality', the minister added.
Sharing Hasina's views, agriculture minister Matia Chowdhury said that the government needed to consider the ground reality. Law, justice and parliamentary affairs minister Shafique Ahmed placed the Constitution (Fifteenth Amendment) Bill 2011 at the weekly cabinet meeting with the prime minister, Sheikh Hasina, in the chair.
'The cabinet has approved the bill prepared in line with the recommendations made by the special parliamentary committee on constitution amendment,' prime minister's press secretary Abul Kalam Azad told reporters after the meeting.
The parliamentary committee on June 8 placed its report in parliament containing 51 recommendations, along with notes of dissent given by two members of the committee – Rashed Khan Menon and Hasanul Haq Inu – on retention of 'Islam as the state religion', Bismillah and provisions on religion-based political parties.
The press secretary said that the proposed amendments to the constitution were approved after a marathon discussion in the cabinet without any changes.
Monday's meeting also approved the draft Money Laundering Prevention Bill, 2011, which was an updated version of the anti-money laundering law framed in 2009, Abul Kalam Azad added.
The cabinet, however, turned down the draft of the national integrity strategy placed by the cabinet division.
Sheikh Hasina told the cabinet that the main opposition should come to parliament if they have any say about the proposed abolition of caretaker government system, as the bill would be placed in the house for passage.
The bill 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 any other articles relating to basic structure 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.
According to the bill, 'Bismillahir Rahmanir Rahim' will be retained with its Bangla translation before the preamble.
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 for practising other religions, including Hinduism, Buddhism and Christianity.'
The existing article, inserted by the Fifth Amendment to the constitution, says, 'The state religion of the republic is Islam, but other religions may be practised in peace and harmony in the republic.'
The bill proposes amendment to the preamble restoring the preamble as it was in 1972.
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 insertion of a new clause (5) in Article 4 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.
It also proposes omission of Article 4A, inserted by the 14th Amendment, which made provision for preserving and displaying the portraits of the president and the prime minister.
The bill proposes amendment to Article 6 saying that the nationality of the people of Bangladesh will be Bangalee and the citizens of Bangladesh shall be known as Bangladeshis.
It proposes insertion of a new Article 7A that says any unconstitutional seizure of state power should be considered treason and persons involved should be tried on sedition charges.
The bill proposes replacement of the existing Article 9 with the original Article 9, 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.
The proposed Article 10 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 the existing Article 10 in Article 19.
The bill proposes insertion of Article 18A making provisions for conservation and development of the environment and biodiversity.
It proposes insertion of a new Article 23A for preservation of the heritage of national minorities and their development.
It proposes omission of the existing Article 25(2), inserted by the Fifth Amendment, 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 form associations of 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 with an intention to hamper religious, social and communal harmony, create discrimination among citizens or encourage militancy.
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 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.'
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 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.
It 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.
It proposes amendment to Article 118 limiting 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 reason of such expiration, 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
