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[🇧🇩] Everything about our constitution
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HC questions 15th amendment that scrapped caretaker govt system
Staff Correspondent 19 August, 2024, 13:05


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The High Court on Monday asked the government to explain in 10 days why the 15th amendment to the constitution, scrapping the caretaker government system in 2011, would not be declared illegal.

The court also asked the government to explain why all the government’s actions taken on the basis of the 15th amendment would not be declared illegal.

The court asked the secretaries of the law ministry and Jatiya Sangsad’s secretariat to explain the rule in 10 days.

The bench of Justice Naima Haider and Justice Sashanka Shekhar Sarkar issued the rule after hearing a writ petition filed on Sunday by five eminent citizens challenging the legality of the amendment made by the government of deposed prime minister Sheikh Hasina.

The citizens are Sushashoner Jonno Nagorik president M Hafizuddin Khan, its secretary Badiul Alam Majumder, local government expert Tofail Ahmed, and two individuals, Md Jobirul Hoque and Zahrah Rahman.

The court heard attorney general Md Asaduzzaman before issuing the rule.

The citizens’ lawyer, Sharif Bhuiyan, argued that the parliament scrapped the national election-time non-governmental caretaker system through the 15th amendment in violation of the Appellate Division’s May 10, 2011, short order that observed that the elections of the 10th and 11th parliaments could be held under the caretaker government system.

The lawyer argued that the caretaker government system was abolished on the recommendations of deposed prime minister Sheikh Hasina, although a 15-member special parliamentary committee and all civil citizens opined for the retention of the caretaker government system.

As the 15th amendment was unconstitutional, the incorporation of new Articles 7A and 7B into the constitution was illegal, he argued.


Article 7A. (1) says, ‘If any person, by show of force or use of force or by any other un-constitutional means-

(a) abrogates, repeals or suspends or attempts or conspires to abrogate, repeal or suspend this Constitution or any of its article ; or

(b) subverts or attempts or conspires to subvert the confidence, belief or reliance of the citizens to this Constitution or any of its article, his such act shall be sedition and such person shall be guilty of sedition.

(2) If any person,

(a) abets or instigates any act mentioned in clause (1); or (b) approves, condones, supports or ratifies such act, his such act shall also be the same offence.

(3) Any person alleged to have committed the offence mentioned in this article shall be sentenced with the highest punishment prescribed for other offences by the existing laws.

On Sunday, Supreme Court lawyer Muzahidul Islam filed a case against former chief justice ABM Khairul Haque for illegally changing the verdict on the caretaker government provision.​

The lawyer in the case alleged that Khairul, in his written verdict on September 16, 2012, after his retirement, changed the original verdict, stating that the caretaker government could only be formed with elected lawmakers.

The case said that Justice Khairul, in the changed verdict, also observed that the parliament would be dissolved 42 days before the national election and a small cabinet might be formed to carry out routine work until a new cabinet assumed office.
 
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Proposal to curtail prime minister’s absolute power
Riadul Karim
Dhaka
Published: 25 Jan 2025, 14: 51

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The constitution reforms commission headed by Professor Ali Riaz handed over their report containing reform recommendations to the chief advisor Professor Muhammad Yunus at the chief advisor's office on Wednesday. Courtesy: Chief advisor's press wing

The constitution reform commission has recommended curtailing the prime minister’s absolute authority to increase the president’s power. The active political parties including the BNP and other stakeholders are in agreement on the question of re-establishing a balance of power between the president and prime minister. However, the discussions on how to establish the balance have not started yet.

Relevant sources say the interim government wants to hold dialogues with the political parties in February over the recommendations placed by the reform commissions. The government will try to find a way through these discussions.

Establishing a balance of power is also a key aspect of the 31-point reform proposal of the BNP. However, they have not elaborated the process of achieving that balance. The constitution reform commission has made several specific proposals to lessen the power of the prime minister and to extend the president’s authority.

Constitution reform commission sources say the issues have been specified in their reform proposal in detail. Work is underway to integrate the reforms. Detailed reports of the recommendations will be published after that. The president will hold more power as compared to the existing constitution if the recommendations made by the reform commission are implemented. It will curtail the absolute power of the prime minister.

Under the current system, the presidents have to do everything in consultation with the prime minister (PM) except the appointment of the PM and the chief justice. The commission has proposed to bring a change in this area. They recommended giving the president the authority to recruit some other constitutional posts in compliance with the specific procedures. The president would not be required to consult the prime minister in these cases as per the proposals.

Relevant persons say the implementation of the recommendations proposed by the constitution reform commission would reduce the absolute authority of the prime minister apparently. It will enhance the power of the president. Nevertheless, a question remains as to how far the president can act independently going beyond interference of the prime minister given the political culture of the country.

The constitution reform commission published a summary of the recommendations that they have come up with. It reads that the commission recommends some specific duties for the president. The president will consult the prime minister on all matters except these specific activities and issues mentioned in the constitution.

President’s power to be extended

Sources say there have been proposals to keep appointments of some constitutional posts such as the chief justice, Appellate Division and High Court justices and Comptroller and Auditor General (CAG) of Bangladesh, under the jurisdiction of the president who will appoint people in these posts following specific procedures. There will be no need of consulting the PM in this regard. It will enhance the opportunities for the judiciary to be free of interference of the executive. Besides, there could be a proposal to give the president the authority in case of recruitment to other posts specified by laws. The president would not need to consult the PM in these cases either.

Apart from that, the commission recommended formation of a ‘national constitutional council’ comprising representatives from the three branches of the state - judiciary, legislative and executive.

This council will propose names to the president for the posts of chief election commissioner (CEC) and other election commissioners, attorney general, Public Service Commission (PSC) chairman and its members, Human Rights Commission chief and other commissioners and chiefs of the defence forces. The president will have the authority to appoint people in these posts without the consent of the prime minister. The respective reform commissions have some proposals over the formation of constitutional institutions like the Election Commission and Anti-Corruption Commission and recruitment in the judiciary.

Proposal to curtail PM’s authority to declare emergency

According to the existing constitution, the president can declare a state of emergency for a maximum of 120 days. However, it needs approval from the prime minister before the declaration. The constitution reform commission says in its proposals that the president will have the authority to call an emergency only as per the decision of the proposed constitutional council. In other words, the PM will not have absolute power in this case too.

In the existing parliamentary structure, the prime minister, parliamentary leaders and chief of the ruling party are the same person. It was the same during the terms of both the Awami League and the BNP. It ensures an undisputed control of a single person in the parliament, government and the ruling party. The commission has proposed that a person serving as the prime minister will not be allowed to be the parliamentary leader or the chief of a political party at the same time.

Under the current constitution, the president has to do everything, except the appointment of the PM and chief justice, in consultation with the prime minister. That means it is the PM who actually holds an all-out authority in reality. There should be an arrangement which ensures that the prime minister does not hold absolute power. Making such proposals is a positive approach. MA Matin, Former justice

Speaking to Prothom Alo, constitution reform commission chief professor Ali Reaz said one of the main goals of their reform proposal is to bring a balance in the power between individuals (constitutional post holders) and institutions. The duties of the president have been elaborated in their recommendations.

Relevant persons say the implementation of the recommendations proposed by the constitution reform commission would reduce the absolute authority of the prime minister apparently. It will enhance the power of the president. Nevertheless, a question remains as to how far the president can act independently going beyond interference of the prime minister given the political culture of the country.

In the existing system, the president is elected as a person nominated by the ruling party. But, the process of presidential election as proposed by the commission makes it uncertain that the presidential candidate nominated by the ruling party will be elected.

The reform commission proposes that the president will be elected by the majority vote of the electoral college. Each member from both houses of the parliament, each district and city corporation coordination council will cast one vote each to elect the president. It makes it uncertain that a presidential candidate nominated by the party which has majority in both houses of the parliament will eventually get elected. The votes from the district and city corporation coordination councils will play a key role in this case.

Meanwhile, there has been a recommendation to amend the Article 70 of the constitution which will enable the lawmakers to veto against the party except issues related to financial bills. As a consequence, there will be scopes for a presidential candidate outside the ruling party to be elected. There is no such opportunity in the existing constitution.

Retired justice MA Matin told Prothom Alo, “Under the current constitution, the president has to do everything, except the appointment of the PM and chief justice, in consultation with the prime minister. That means it is the PM who actually holds all authority in reality. There should be an arrangement which ensures that the prime minister does not hold an all-out power. Making such proposals is a positive approach.”

Wait for dialogue

Of the six reform commissions formed by the interim government initially, the constitution, electoral, Anti-Corruption Commission (ACC) and police reform commissions submitted their reports to chief adviser Dr. Muhammad Yunus on 15 January. These commissions are now working to prepare a unified set of recommendations. The reform commissions on public administration and the judiciary are scheduled to submit their reports by 31 January.

Different political parties, including the BNP, Ganatantra Mancha, Jamaat-e-Islami and the Communist Party of Bangladesh (CPB) have taken the submission of the reform commission report positively. However, the parties refrained from issuing any official statement in this regard as the commissions have not published the complete reports.

BNP secretary general Mirza Fakhrul Islam Alamgir and other key political leaders of the country say they are reviewing the summary of the reports published by the reform commission within their parties.

The interim government said chief adviser Dr. Muhammad Yunus, along with the chiefs of the reform commissions will hold dialogue with the political parties in February. They will endeavour to reach consensus through discussions over the recommendations made by the reform commissions. BNP and other parties say they are waiting for that.

*This report appeared on the print and online versions of Prothom Alo and has been rewritten in English by Ashish Basu​
 
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Can pluralism replace secularism in Bangladesh?

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VISUAL: ANWAR SOHEL

The proposal to replace secularism with pluralism in Bangladesh's constitution has sparked significant debate, touching on issues of governance, social harmony, and the state's commitment to equality. While pluralism as a concept offers a promising framework for fostering inclusivity and mutual respect in a diverse society, the practical implications of this shift warrant careful scrutiny. Without clear and enforceable measures, such a transition could jeopardise the country's religious harmony and undermine the principles of equality that have long been embedded in its constitutional framework.

Pluralism, by definition, emphasises the recognition and celebration of diversity, promoting coexistence among different religious, cultural and ethnic communities. In a country like Bangladesh, where multiple religions and cultures coexist, the adoption of pluralism could theoretically enhance social cohesion and inclusivity. It acknowledges the diversity of the nation and seeks to create a society where all groups feel respected and represented. Unlike secularism, which often connotes a strict separation of religion and state functions, pluralism actively embraces the presence of diverse beliefs and traditions within the public sphere. This could pave the way for policies and practices that reflect the multicultural realities of Bangladesh, strengthening the social fabric and fostering a sense of belonging among all citizens.

However, this vision of pluralism faces significant challenges in the context of Bangladesh. One issue is the constitutional recognition of Islam as the state religion. While this provision reflects the demographic reality of Bangladesh, where the majority of the population identifies as Muslim, it creates an inherent contradiction with the principles of pluralism. Pluralism requires equal respect and treatment for all religions, yet the designation of a state religion can be perceived as privileging one faith over others. This tension risks alienating religious minorities and undermining the very inclusivity that pluralism seeks to promote.

Bangladesh's historical context further complicates the matter. The principle of secularism was enshrined in the country's constitution in the aftermath of the Liberation War, reflecting a commitment to religious equality and freedom. This ethos was seen as a rejection of the communalism that had plagued the region during the Partition. Over the years, secularism has been regarded by many as a cornerstone of Bangladesh's national identity, symbolising the aspiration to rise above religious divisions and ensure equal rights for all citizens. Replacing secularism with pluralism could therefore be perceived as a departure from this foundational principle, potentially alienating segments of society who view secularism as integral to the nation's identity.

Another significant challenge lies in the risk of misinterpreting or selectively implementing pluralism. Without clear constitutional safeguards and robust enforcement mechanisms, pluralism could become a vague idea rather than a practical reality. Ambiguity might allow the majority group to dominate the narrative, marginalising minorities under the guise of promoting diversity. For instance, policies or practices that ostensibly celebrate cultural diversity could end up favouring the majority religion or culture, perpetuating existing inequalities. Such outcomes would not only undermine the principles of pluralism, but also exacerbate social tensions and distrust among different communities.

Education and awareness are crucial to addressing these challenges. Schools and educational institutions should play a central role in promoting pluralistic values, challenging prejudices, and fostering empathy among students from an early age. By emphasising the importance of coexistence and mutual respect, education can lay the foundation for a more inclusive society. However, achieving this goal will require significant reforms in the education system, including the development of curricula that reflect the country's diversity and promote critical thinking about issues of identity and equality.

A strong legal framework is also essential for ensuring that pluralism translates into tangible protection for all citizens. Anti-discrimination laws must be strengthened to address inequalities and prevent hate speech, violence or other forms of bias based on religion, ethnicity or culture. These laws must be complemented by mechanisms for their effective enforcement, including independent institutions to investigate and address grievances. Moreover, the judiciary and law enforcement agencies must be trained to uphold these principles impartially, ensuring that all citizens, regardless of their background, can access justice and feel protected by the state.

Equitable representation is another critical aspect of pluralism. To truly reflect the diversity of Bangladesh, minorities must be adequately represented in political institutions, public services, and decision-making processes. This includes not only ensuring their presence but also creating an environment where their voices are heard and their concerns are addressed. Such representation can help bridge divides, foster trust, and promote policies that benefit all communities. However, achieving this requires a sustained commitment to affirmative action and other measures that address structural inequalities.

The success of pluralism also hinges on the protection of religious freedom, which entails not only the right to practise and propagate one's religion but also the freedom to celebrate cultural traditions and beliefs without fear of discrimination or persecution. Bangladesh's commitment to international human rights standards provides a framework for upholding these principles, but their implementation requires political will and societal support. Public awareness campaigns, community dialogues, and other initiatives can help build consensus around the importance of religious freedom and its role in fostering a harmonious society.
Despite its potential benefits, replacing secularism with pluralism poses significant risks if not accompanied by clear and enforceable measures. Having a state religion, in particular, presents a paradox. Without addressing this issue, the transition risks becoming a symbolic gesture, rather than a transformative change.

Md Abbas is a journalist at The Daily Star.​
 
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CONSTITUTIONAL REFORMS: Fundamental rights, freedom highlighted
Staff Correspondent 09 February, 2025, 01:00


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The constitution reform commission has proposed several changes in the existing constitution, including widening citizens’ legal protection for life and overhauling judicial and governance structures.

The commission, in its full report published on Saturday afternoon, recommended replacing ‘equal rights under the law’ with ‘equal protection and benefits under the law’.

The commission also suggested revising article 145A, stating that the government would require approval from the National Assembly and the Senate for any treaty, agreement, or document related to defence and strategic partnerships, borders, national security, natural resources, energy, and food security.

It also proposed to make the Election Commission, Human Rights Commission, Public Service Commission, Local Government Commission, and Anti-Corruption Commission constitutional bodies.

Formed on October 7, 2024, the commission handed over the full report with recommendations to chief adviser Professor Muhammad Yunus on January 15. A summary of the report was made public then.

According to the full report, a proposal was made to include separate articles on the protection of the right to life and child rights. Additionally, there were proposals for provisions against slavery, trafficking, sexual trafficking, and punishment for torture, cruelty and disgrace.

A separate chapter was proposed for constitutional protection against extrajudicial killings and forced abductions. The commission recommended that the constitution must explicitly state provisions for the protection of physical integrity and the safeguarding of body parts.

The recommendations also include provisions for free and compulsory education up to a certain level, the inclusion of higher education and specially abled children, and guidelines to prevent the government from monopolising access to information and communication systems.

The commission also recommended abolishing several articles, including 13, 15, 17, 18, 18A, 19, 20, 23, 23A, 24, and 25, which cover principles of ownership, basic necessities, free and compulsory education, public health and morality, environmental and biodiversity protection, equality of opportunity, work as a right and duty, national culture, tribal and ethnic communities, and national monuments.

These articles were proposed to be included in the fundamental rights and freedoms part of the constitution.

The commission also recommended substituting ‘Janaganatantri Bangladesh’ for ‘Ganaprajatantri Bangladesh’ as the constitutional name of the state and replacing the term ‘projatantra’ with ‘nagariktantra’ in the Bangla text of the constitution.

According to the report, the commission suggested the abolition of secularism and socialism, terming those irrelevant in the present context of Bangladesh.

The establishment of a bicameral legislature was proposed, consisting of a 400-member National Assembly, with 10 per cent of seats reserved for the youths, and a 100-member Senate elected through a proportional representation system, with five additional members appointed by the president.

As per the proposals, any amendment to the constitution would require the approval of two-thirds of the members from both the National Assembly and the Senate, followed by a referendum.

The commission also recommended the establishment of a National Constitution Council.

It proposed that the president be elected by an electoral college comprising 505 votes from the National Assembly and the Senate, 64 votes from district coordination councils, and one vote from each city corporation coordination council.

The commission suggested that any individual would not be able to hold the office of the president or the prime minister for more than two terms.

To promote judicial decentralisation, it recommended the establishment of permanent benches with equal authority to the High Court in every division.

It also proposed the formation of an independent judicial appointment commission and a permanent attorney service, and renaming lower courts as local courts.​
 
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Constitutional Reform Commission
86pc people seek national elections under non-party govt

Staff Correspondent
Dhaka
Updated: 12 Feb 2025, 10: 28

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As many as 86 per cent of people in the country think parliamentary elections should be held under a non-party government while a very few of them support a proportional electoral system. Most of the people want reserved seats from women in parliament with a direct voting system.

This was found in a survey, the National Public Opinion Survey on Constitutional Reform-2024, conducted by the Bangladesh Bureau of Statistics (BBS) on behalf of the Constitutional Reform Commission.

The survey results were published along with the Commission report.

The BBS interviewed people aged between 18 and 75 at households in 64 districts in the country between 5 and 10 December 2024 for the survey.

The commission said data was collected from 45,925 households through sampling and a respondent was selected among family members aged 18 to 75 through the Kish Grid method.

Responses were collected from the selected individuals through specific questionnaires, and thus, 45,925 people participated in the survey.

The commission further said they also collected opinions of various stakeholders, but they decided to conduct the survey to reflect the opinions of people from all strata.

Regarding the election-time government, 86 per cent of respondents said elections should be conducted under the non-party government while six per cent opined for the partisan government, a little over 6 per cent said they are not aware of it and 2 per cent of the respondent declined answering.

All the elections that were held under a caretaker government were credible since democracy was restored in Bangladesh in 1991. But the Appellate Division of the Supreme Court declared the 13th amendment of constitution on caretaker government system void in 2011.

The Awami League government then amended the constitution and cancelled the caretaker government system.

Three national elections were held under the Awami League governments in 2014, 2018 and 2024 and those were one-sided, rigged and farce.

The July mass-uprising ousted the Awami League government on 5 August, followed by the formation of the interim government on 8 August.

The High Court on 18 December cancelled two articles of the 15th amendment of the constitution on abolishing the caretaker government system, saying that those articles contradict the constitution.

Talks are making a round at the country’s political domain on the inclusion of articles on elections under neutral governments in future. The constitution reform commission also recommended including an interim government system in the constitution.

Prime minister for 2 terms

Regarding the check and balance on the power of the president and prime minister, 37 per cent of respondents opined handing power to the president while 45 per cent said the prime minister should exercise it.

As many as 64 per cent of respondents supported a maximum two terms for prime minister, 10 per cent opposed it and 15 per cent thought there is no need to fix the term for prime minister.

Some 49 per cent of respondents think an individual should not hold the positions of the prime minister and the head of the ruling party simultaneously while 37 per cent opined a person can hold both positions at the same time.​
 
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CONSTITUTIONAL REFORM COMMISSION: Contradictions in justifying the removal of secularism
Golam Rasul 17 February, 2025, 23:14

THE interim government formed a 7-member Constitutional Reform Commission on October 7, 2024, led by Professor Ali Riaz, to review and evaluate the existing constitution of Bangladesh and to recommend necessary amendments. This commission submitted its recommendations to the chief adviser, professor Muhammad Yunus, on January 15, 2025. The full report of the recommendations made by the Constitutional Reform Commission was made public on February 8, 2025. Upon reviewing this report, it was observed that the Commission has recommended extensive and fundamental changes to the existing constitution, including its preamble and basic principles. Notably, the Commission has suggested removing secularism from the constitution while simultaneously proposing to retain Islam as the state religion.

Although these recommendations currently stand only as proposals, they will be finalised based on discussions with political parties and national consensus. Nevertheless, these recommendations will serve as the main foundation for dialogue and in building consensus. Therefore, it is necessary to review and analyse these recommendations. I will limit my discussion on the recommendation to remove secularism.

Secularism and its relevance

SECULARISM means that the state does not give special status to any religion, and state laws and policies are not based on religious principles. Secularism is intrinsically linked to the spirit of Bangladesh’s Liberation War and independence struggle. The Constitution of Bangladesh in 1972 included secularism as one of its fundamental principles. However, during military rule in 1977, secularism was removed and replaced with ‘absolute trust and faith in the Almighty Allah.’ In 1988, Islam was recognised as the state religion. Later, in 2011, the principle of secularism was reinstated in the constitution, although Islam remained the state religion.

The State of Pakistan was created based on the two-nation theory — a separate state for the Muslim population. The communal nature of the Pakistani state and its discriminatory behaviour towards religious minorities angered the majority population of East Pakistan. During the 1971 Liberation War, people of all religions, castes, and ethnicities fought together against the Pakistani occupation forces with the aim of establishing a non-communal and inclusive state and society. Therefore, removing secularism means abandoning the spirit of the Liberation War. Furthermore, one of the state’s primary responsibilities is to protect the rights of religious minorities. Secularism in the constitution acts as a legal safeguard for religious minorities. Many countries’ constitutions provide legal protection for religious minorities; even our neighbouring countries, India and Nepal, have such legal protections in their constitutions. Removing secularism would destroy the fundamental structure of the constitution.

Pre-constitutional concept of secularism

THE weak argument for removing secularism is that there was no mention of secularism in any pre-constitutional documents, such as the 1970 Legal Framework Order, the 1970 election manifesto of the Awami League, or the draft constitution of Pakistan proposed by the Awami League in 1971. Any mass uprising or revolution is a dynamic process through which people’s thoughts, consciousness, and aspirations evolve. A bloody revolution like the Liberation War brought people of all religions and castes together and fostered their consciousness, as clearly stated in professor Rehman Sobhan’s speech. According to professor Sobhan, after the 1969 mass uprising, the demands for regional autonomy, democracy, social justice, and secularism in East Pakistan were united in a broader movement. This statement by professor Sobhan is supported by professor Ali Riaz’s PhD research. In his research book published in 1993 by the University of Hawaii, professor Riaz mentions that, consistent with the spirit of the independence struggle, the Awami League proclaimed the high ideals of nationalism, socialism, democracy, and secularism as fundamental principles in the constitution.

As a result, secularism became an integral part of the spirit of the Liberation War. Professor Asif Nazrul mentions in several of his speeches that there were extensive discussions on secularism in the Constituent Assembly, and the most vigorous arguments in favour of secularism were made by Khandaker Mushtaque Ahmed, a leader of the right-wing faction of the Awami League.

Pre-independence concept of secularism

IN FACT, right after the creation of the State of Pakistan, in 1950, Maulana Abdul Hamid Khan Bhashani demanded secularism. During the movement of 1950, he raised two demands: one was the right of self-determination for the Bengali nation, and the other was secularism — keeping the state separate from religion. This was reflected in the removal of the word “Muslim” from the Awami Muslim League’s name in 1955. The concept of secularism existed in Bangladesh even before the creation of Pakistan. Sher-e-Bangla A K Fazlul Huq said at the All India Muslim League Conference in 1918 that there was no difference in the exploitation and oppression by Hindu landlords and Muslim landlords, Hindu moneylenders, and Muslim moneylenders. All poor farmers, regardless of being Hindu or Muslim, were similarly victims of exploitation and oppression. Therefore, the issue of exploitation of Muslim farmers was not communal; at its root were the zamindari (landlord) and mahajani (moneylender) systems. Hence, both Hindu and Muslim communities should reject communalism and work towards abolishing the zamindari and mahajani systems.

Muhammad Ali Jinnah, the founder of Pakistan, realised the importance of secularism immediately after the creation of Pakistan. In the first session of the Constituent Assembly on August 11, 1947, he firmly stated that Pakistan would be a state where every citizen, irrespective of religion or caste, would enjoy equal rights and freedom. He clearly declared, ‘You are free; you are free to go to your temples, you are free to go to your mosques, or to any other place of worship in this State of Pakistan. You may belong to any religion or caste — it is no concern of the State.’ State decisions would be made on political grounds, not religious ones. However, after Jinnah’s death, the then leaders of Pakistan deviated from his ideals and integrated religion intstatete governance.

Pluralism and secularism

ANOTHER argument for removing secularism as a fundamental principle of the state is that ‘secularism is not consistent with the concept of a pluralistic society in Bangladesh and is essentially anti-democratic’. Pluralism is a modern concept that is relatively new to the culture and politics of Bangladesh, and its essence is still not understood by many. However, secularism and pluralism are not mutually exclusive but rather complementary. Secularism ensures the freedom for followers of all religions to practice their respective faiths freely, which in turn supports the coexistence of all religious believers and aids pluralism. In many countries, such as Canada, France, and the United States, secularism and democracy coexist. Furthermore, secularism is a fundamental human right, while pluralism is an ideal, a desired goal. We certainly aspire to achieve pluralism, but not at the cost of fundamental human rights like religious freedom.

Inherent contradictions in justifying the removal of secularism

ONE of the major self-contradictions in this report is that it recommends removing secularism on one hand, while on the other hand, it suggests retaining the current constitutional provision of the state religion, i.e., Islam. It also recommends including ‘Bismillahir Rahmanir Rahim / In the name of Allah, the Most Gracious, the Most Merciful’ in the preamble of the constitution. They propose removing secularism under the guise of pluralism while simultaneously recommending a state religion, which contradicts the Commission’s stated principles of pluralism and equality and goes against democratic values. Notably, professor Riaz, in his book on the political history of Bangladesh, described the inclusion of ‘Bismillahir Rahmanir Rahim’ in the constitution through the Fifth Amendment in 1977 as ‘‘Islamisation of the constitution and the State’ and described it as a severe blow to secular politics in Bangladesh and a pathway for the rise of religious forces in politics.

Professor Riaz was a staunch critic of the Eighth Amendment to the constitution during H M Ershad’s regime, which declared Islam as the state religion. Naturally, the question arises as to why there is such self-contradiction in the Reform Commission’s recommendations on secularism. From the above discussion, it is clear that the arguments for removing secularism from the constitution are extremely weak, self-contradictory, and contrary to the spirit of the anti-discrimination student movement and the July 2024 mass uprising. Just like the Liberation War, the July 2024 mass uprising also saw people of various religions and beliefs unite against the autocratic government with the goal of establishing a non-discriminatory state. The introduction of Islam as the state religion has profoundly affected the character of Bangladesh’s constitution and created a division between Muslim and non-Muslim citizens in Bangladesh.

Bangladesh is a multi-religious and multi-cultural country, where, besides Muslims, the Hindu, Buddhist, Christian, and indigenous communities reside. The recommendation to remove secularism from the constitution could increase divisions among political parties, weakening national unity and negatively affecting social harmony.

Golam Rosul is a professor and the chairperson of the Department of Economics at the International University of Business Agriculture and Technology.​
 
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