Editor's Pick

Landmark SC judgement on fifth amendment

It is our chance to return to core values
29 July 2010, 18:00 PM
EDITORIAL
HISTORY generally takes its natural course. But when that course is blocked through unnatural or spurious means, there must be found the ways in which to put it right again. In Bangladesh, the judgement of the Supreme Court nullifying the fifth amendment to the constitution must be considered one significant means by which history can be restored to its natural course or must be made to move in a direction that will uphold the interest of the nation. The verdict is a severe indictment of military takeovers and usurpation of power by extra-constitutional means. It has demonstrated in unmistakable terms the truth that the judiciary is often called upon to uphold the law and ethics through raising and placing on the heights the principles and core values a nation must live by. It is thus that the judiciary becomes larger than life. Today, in this country, it is the court which informs us that we can indeed regain the pristine values and fundamentals which were enshrined in the 1972 constitution. It is a matter of profound sadness and regret that the constitution was given short shrift through the fifth amendment. Given the historical background of our struggle for democracy and freedom, such ought not to have been the case. Now that the judgement on the fifth amendment is before us, we can state happily that at least in principle we are on course to recovering the core values that were undermined by the said amendment. One of those values is democracy, which through the seizure of power by unconstitutional means came to be distorted in many ways. Today the time has come for us to reassert democratic governance as it was envisaged in the 1972 constitution with vigour and pride. Apart from a return to unfettered democracy, we also have the opportunity today, thanks to the landmark SC verdict, to have our secular spirit as a nation restored in the constitution. It has been with intense regret and sometimes outrage that we have over the years observed some quarters deliberately twisting the meaning of secularism to suit their own narrow political ends. Secularism has never been and can never be a negation or abandonment of religion. It is a much higher principle, one that promotes and ensures the equality of all faiths and the right of all citizens to practise their religion in their individual ways. Unfortunately, those who have been vociferous against secularism have used religion to give themselves a political base. Politics is a game of power and using religion to achieve political goals only leads to a degeneration of politics and an undermining of faith. The verdict nullifying the fifth amendment gives us a huge chance to place religion once more in the only place where it should be, namely, a high moral pedestal. By upholding secularism, the 1972 constitution demonstrated deep respect for religion. Now we go back to reasserting that respect. There are some clear, crucial lessons to be learnt from the Supreme Court judgement. One is that it is the fundamental duty of all citizens, no matter where they might be placed professionally or in any other capacity, to preserve, protect and defend the constitution against all onslaughts on it. It is especially incumbent on the various organs and institutions of the state that this oath be upheld. Another lesson relates to the nation's political parties, which in light of the SC verdict must internalize the values that the verdict re-emphasises both within and without. It is a task they must do in the interest of a prosperous, progressive democratic future for us and for future generations.

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