Bangladesh Awami League - 15-member JS body formed to review the constitution

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15-member JS body formed to review the constitution

Charter change for halt to power grab: PM Sheikh Hasina

July 22,2010

Prime minister Sheikh Hasina has said there is an absolute need to amend the constitution to make sure that no power usurpers can impose their rule on the people again. She made the remark in the parliament on Wednesday before proposing a 15-strong "all-party committee' to review the constitution.”We want to keep the people's power in the people's hands, we want to keep the democratic trend unhindered and consolidate democracy. "For this, the amendment to the constitution carried out through military orders needs to be revised," said Sheikh Hasina. The correction of the constitution is needed to show respect to the High Court directives, as well, she added. She thanked the High Court for giving the "historic verdict" on the Fifth Amendment in 2005. Sheikh Hasina presented the proposal to scrutinize and report on amendment of the constitution under Rule 266 of the procedure. She said, "In the 2008 election we achieved not only two-thirds majority, but more than that. I think we've got the majority to accomplish a historical task." The prime minister said that the constitution was destroyed after the killing of independence architect Sheikh Mujibur Rahman in 1975. "The constitution was amended through military ordinance or orders," she added. The committee was passed unanimously by voice vote. The special committee will be helmed by deputy leader of the parliament Syeda Sajeda Chowdhury. Senior Awami League leader and head of the parliamentary standing committee on law and parliamentary affairs Suranjit Sengupta has been made co-chair. On Tuesday, names of 17 out the 19 members of the draft committee were declared.

Defending the special committee, Sheikh Hasina said the hard-earned constitution and the Army Act had no article on military rule. 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.

She also said the military personnel paid the price of the military rules as many widows cried in the barracks, and the development process was obstructed in the countries that were ruled by the military.

The Fifth Amendment was meant to provide constitutional legitimacy to the governments in power — military or otherwise — following the 1975 assassination of the founding president Sheikh Mujibur Rahman. But the High Court gave a ruling in August 2005, declaring the Fifth Amendment illegal, in response to a petition challenging the legality of the Martial Law Regulation of 1977.

In its ruling, the High Court declared three illegal regimes between August 15, 1975 and 1979, headed by Khandaker Mushtaque Ahmed, Abu Sa'dat Mohammad Sayem and Ziaur Rahman. The ruling exempted certain measures of those regimes initiated for public welfare. But the court in its judgment said all the changes in government from August 15, 1975 right up to the national elections of 1991 were also unconstitutional.

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