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Editorial

JS body on amending constitution

The process of it raises a few questions
22 July 2010, 18:00 PM
EDITORIAL
A fifteen-member special committee of lawmakers has been formed by the Jatiyo Sangsad to study the ways and means of putting the country back on constitutional rails in light of the judicial judgement nullifying the fifth amendment to the constitution. A nation's constitution is a crucial document responsible for helping it chart its course to the future. That is why we believe that the move to bring about the necessary amendments to the constitution vis-a-vis restoring its original form is a serious task that must be approached pragmatically. In its essence, the 1972 constitution, for all the changes that have been wrought in it over the years, remains a fine document for the country. The liberal democratic principles it enshrined through its various articles have by and large given us reason for hope about our future. That said, today we would like to focus not on the substance of the proposed constitutional changes but on the process underway to bring about these changes. We will, of course, speak on the substance in due course and in the public interest. Where the process is concerned, we commend the ruling party on its decision to have an all-party parliamentary committee go into studying the proposal for the constitutional changes. However, we also note that with the BNP's unwillingness to be part of the committee and with the exclusion of the Jamaat, the body has now essentially turned into a grand alliance committee. We think that by refusing to play its due role on the committee, the BNP has clearly abrogated its responsibilities to the nation and has only demonstrated once again all those symptoms which have undermined a strengthening of democracy in Bangladesh. The party should have played a proactive role in a matter of such far-reaching ramifications as a constitutional amendment. If the BNP has adopted a negative posture on the issue, it must also be said that the manner and modalities of the ruling Awami League's approach to it does not quite meet the standards of respect and decency that democratic politics demands. Giving a party a 24-hour period in which to come up with the name of its representative smacks of a lack of seriousness on the part of the ruling circles. And assuming that the BNP has been asking for clarifications on the matter only as an excuse for it to stay away from the whole exercise, the Awami League would have lost little by giving the explanation it was asked for. Most importantly, in such crucial matters as constitutional issues, it is customary for the Leader of the House to personally approach the Leader of the Opposition either verbally or through a formal letter. In the present instance, that procedure was not followed. We think that having the ruling party chief whip contact the opposition was not the proper move. The committee, as it has been formed, leaves a few questions to be answered. A more judicious selection of members would have served the country better. Besides, we believe that the chairperson of the committee ought to have been an individual fully cognizant of legal realities and armed with constitutional expertise. Finally, let us say that as it goes to work, the committee must make it a point to consult the foremost constitutional experts in the country in order to make the entire exercise properly satisfying for all. Of course, the government could have avoided rushing into the matter of constitutional amendment in such a hurried manner and instead could have waited for the BNP to link up with it. As for the BNP, it must now rethink its position on the issue. Boycotting the JS or refusing to cooperate with the government on every issue is not doing the party any good.

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