Law Minister Md Asaduzzaman has said that Bangladesh must pursue constitutional reforms while keeping the original Constitution of 1972 as the foundation. Part A of Article 6 of the July Charter repeatedly says these measures have to be carried out through constitutional amendments, he explained.
"That means I have accepted the 1972 Constitution as the basis. Whatever I do, I have to move forward with the 1972 Constitution before me. That is one part of my July Charter."
Asaduzzaman was speaking as chief guest at a dialogue titled "Post-election Bangladesh: Political Promises and Reality" at the CIRDAP auditorium in Dhaka on Monday.
The Centre for Governance Studies (CGS) organised the event with representatives of the government and political parties, lawyers, journalists, human rights activists and members of civil society.
CGS President Zillur Rahman moderated the discussion.
The law minister said those who had argued for discarding the 1972 Constitution altogether would have offered a simpler route.
"If we had done what those who said the 1972 Constitution should be thrown away wanted, I could have gone down a straight line," he said.
"But as long as the 1972 Constitution remains, I have to amend that Constitution. In going through the amendment process, I have to keep before me the points of the July Charter that we signed for reform."
JULY CHARTER ORDER QUESTIONED:
Asaduzzaman also questioned the "July Charter Implementation Order" issued during the interim administration, saying it was inconsistent with the Constitution.
Explaining why an "order" had been issued rather than an ordinance, he said: "If this amounts to something equivalent to amending the Constitution, then it conflicts with the Constitution.
"An ordinance cannot be issued if it is equivalent to a constitutional amendment. That is why they did not go for an ordinance and instead issued an order."
He then questioned the legal status of that order.
"What is the legal status of this order? Under the Third Schedule of the Constitution, the power to issue such orders ceased from the day the Constitution came into operation in 1972.
"Some laws were made through presidential orders in 1972, and those have the status of law. But it was also made clear that after the Constitution came into force, the president would no longer have the power to issue such orders."
Asaduzzaman said laws must be passed by parliament, while ordinances can be issued when parliament is not in session.
He argued that by issuing the July Charter implementation order, the interim government had left behind a "path to division".
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