ET Report
The House Wednesday formed a special committee devoid of representation from the main opposition BNP, to chalk out a constitutional amendment proposal.
The 15-member committee, headed by Deputy Leader of the House Syeda Sajeda Chowdhury, consists of only Awami League-led ruling alliance lawmakers, as BNP declined to nominate a representative following an invitation from the ruling party.
No position was kept reserved for an opposition representative either.
Prime Minister Sheikh Hasina, who is also the Leader of the House, brought a motion for the committee's formation under section 266 of the rules of procedure of Jatiya Sangsad, and made a brief statement.
She said the amendment to the constitution is "necessary for upholding democracy, and for blocking the way for usurpation of state power through imposition of martial laws in future".
Earlier in the day, BNP Secretary General Khandaker Delwar Hossain said the "All-party Parliamentary Committee" is unconstitutional, and its formation contradicts the rules of procedure of the parliament.
Unanimously approved by the House boycotted by BNP, the special committee will examine the constitution, and place a report in the parliament proposing necessary amendments to the country's charter. But it was not given any timeframe for submitting that report. The committee was also empowered to seek opinions of constitutional experts, and to invite them to its meetings.
"The constitution needs to be amended to block the way for illegal usurpation of state power," Hasina said bringing the motion.
She said keeping democratic rule upheld is the only way to economic development of a country. "Our prime objective is to establish that democratic trend."
She however did not make it clear whether her government will move to restore the original constitution of 1972 through the amendment.
In defence of the move, the premier said the constitution, the supreme law of the land, was damaged in the name of amendments through martial law proclamations during about four years following the brutal assassination of Bangabandhu Sheikh Mujibur Rahman on August 15, 1975.
"Therefore, re-amendment to the constitution is required in light of the High Court verdict," Hasina said.
Ending her 10-minute speech, Hasina proposed the names of the members and chief of the committee.
In absence of the opposition lawmakers led by BNP, treasury bench deputies voted for the motion, and it got the parliament's nod amid cheers, and desk thumping.
Suranjit Sengupta, chief of the parliamentary standing committee on law justice and parliamentary affairs ministry, was made the co-chair of the committee consisting lawmakers from AL, Jatiya Party, Workers Party, and Jatiya Samajtantrik Dal.
The other members are Amir Hossain Amu, Abdur Razzaq, Tofail Ahmed, Sheikh Fazlul Karim Selim, Rahmat Ali, Syed Ashraful Islam, Fazle Rabbi Mia, Rashed Khan Menon, Abdul Matin Khasru, Hasanul Haq Inu, Anisul Islam Mahmud, Hasan Mahmud, and Shirin Sharmin Chowdhury.
Treasury Bench Chief Whip Abdus Shahid, who had written to Opposition Leader Khaleda Zia on Sunday night, requesting her to nominate an opposition lawmaker for the committee, said on Tuesday that a position would be kept vacant for BNP.
But contacted by The Daily Star last evening, after the formation of the committee, Shahid said he has nothing to do now as the committee has already been formed.
Asked if he will reply to the opposition chief whip's letter that sought explanation for the committee's formation, Shahid said he knew nothing about the matter.
Shahid brushed aside the BNP secretary general's remark, and said the committee was formed certainly following the constitution and the rules of procedure of the parliament.
Hasina, during her motion speech said the people gave her government a historic mandate in the December 29, 2008 parliamentary election, and created an opportunity for it to carry out the historic responsibility.
"It is imperative to carry out the historic responsibility," she added.
She also termed the High Court verdict "a landmark", which had declared illegal the fifth amendment and the military regimes between August 15, 1975 to April 9, 1979.
The HC verdict, which had been declared in 2005, was upheld by the Appellate Division in February this year.
The fifth amendment to the constitution was passed in the parliament in 1979, ratifying all actions of preceding military rulers, including amendments to the constitution, which had been made under martial law regulations and proclamations.
Hasina said the country got the constitution through sacrifice of 30 lakh peoples' lives, and at the cost of 2 lakh mothers' and sisters' sanctity.
But the constitution was wounded repeatedly by bayonets of soldiers following the August 15, 1975 blood bath, she added.
Hasina said there is no provision for declaring martial law in the constitution, nor in the army's act and regulations, but martial law was declared on August 20, 1975.
She also said members of the military became victims of the martial law as thousands of officers and soldiers were killed and punished, and a countless number of political leaders and activists were tortured. "We don't want recurrence of such incidents," she added.
The prime minister is likely to give some important directives to her party deputies for assisting the government's move for a constitutional amendment, as she is scheduled to speak at a meeting of AL's parliamentary party today.
Bangladesh Jamaat-e-Islami, an Islamist party, which has two members in the parliament and was boycotting the session yesterday, had not been invited to nominate any representative for the committee.
Liberal Democratic Party which has one member in the parliament was also not invited to nominate any representative.
BNP'S REACTION
The rules of procedure of the parliament does not allow formation of any "All-party Parliamentary Committee", although section 76 of the constitution allows formation of special committees, BNP Secretary General Delwar Hossain said at a media briefing at the party's central office in Nayapaltan prior to the committees formation yesterday.
Urging the ruling party to move away from amending the constitution, he said the consequence will not be good, if the government imposes anything on the people.
He said the Supreme Court may give explanation of a constitutional amendment, but it cannot direct to amend the charter. "Only the parliament can amend the constitution, which might be amended considering national interest, not the interest of any party," he added.
He also criticised ruling AL for not maintaining the protocol of the opposition leader when it sent the letter to BNP Chairperson Khaleda Zia asking her to nominate her party representative for the committee.
The letter should have been sent by the leader or the deputy leader of the House, he said.
In a reply to the letter, BNP wanted to know about possible amendments, but the ruling alliance formed the committee in a hurry without answering the questions, he said.
"The committee is being formed hurriedly with an ill motive. Never before a plan for formation of a parliamentary committee was announced before the proposal being placed in the House. What the ruling party did this time, is a first." he said.
He also said no normal person supports military rule, but it was AL which in 1986 gave legitimacy to General Ershad's military rule.
AL PLEDGES ON CONSTITUTION AMENDMENT
Apart from implementation of the fifth amendment verdict, the AL-led government will have to amend the constitution to implement its electoral pledges on women reserved seats and MP's freedom to speak in parliament.
In the electoral pledge the AL promised to increase the number of reserved seats for women in parliament to 100 from 45 and introduce direct election for them.
It also pledged to allow lawmakers to express differing opinions except for some specific subjects related to the security of the state.
However, the party's electoral manifesto did not clearly say anything about the change to the caretaker government system.