I believe that the selection of Professor Ali Riaz as head of the Constitution Reform Commission was an excellent decision. I support Professor Riaz鈥檚 proposal to rewrite the constitution rather than continuing with amendments.
The reasons I put forward emphasise the need for a fresh, unburdened start to reflect the democratic aspirations of the modern Bangladesh. My analogy with rebooting a malfunctioning device aptly illustrates the point.
Political corruption through amendments: Various political regimes have left behind authoritarian legacies such as the centralisation of power and weakened parliamentary oversight. A rewritten constitution could remove them and ensure that power is more evenly distributed to different branches of government.
The constitution has been amended 17 times, many of which served political interests. The fourth amendment, which introduced a one-party state, and the 15th amendment, which limited future constitutional changes, highlight how the amendments weakened the democratic structure. A rewrite would ensure that the original principles of secularism, democracy and social justice are reinstated and future political manipulations are minimised.
Changing global context, modernisation: The political and social context of 1972 is vastly different from 2024. A completely new constitution could better account for the realities of modern governance, technology and the global economy. The world has transformed since 1972. The rise of technology, especially in the digital age, has impacted governance models, privacy rights, data protection and human rights standards. A new constitution could more accurately address these global issues, ensuring that Bangladesh stays relevant in the 21st century. For an example, digital privacy, cybersecurity and environmental protection laws could find strong footing in the new document.
Cleansing historical burden: The scars left by previous regimes through piecemeal amendments, particularly those that eroded the spirit of the liberation war, necessitate a fresh start. A rewrite would allow Bangladesh to move beyond the legacy of political manipulation and reflect the aspirations of modern Bangladeshis in a rapidly evolving world.
Ensuring puplic participation: Involving citizens in the rewriting process through a referendum or public consultation could be an excellent point. This would create a sense of ownership and responsibility among citizens for the new constitution. By democratising the drafting process, the document could become the people鈥檚 voice rather than a top-down decree by the political elite.
Restoring faith in democratic institutions: Introducing checks and balances in a rewritten constitution is crucial. A focus on judicial independence, electoral transparency and minority rights protections would ensure that the new constitution is harder to manipulate. This could, in turn, restore public faith in the country鈥檚 institutions.
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Important notes
Risks of rewriting: Political instability and potential manipulation during the rewriting process are valid concerns. To mitigate them, a bipartisan, transparent and citizen-driven process would be essential. Including constitutional scholars, civil society representatives and, even, international experts could help to ensure a fair and inclusive process.
Legacy of liberation war: It is critical to preserve the spirit of 1971 while moving forward. Rewriting the constitution must carefully balance honouring sacrifices of the liberation war with incorporating modern democratic principles, rights standards and global norms.
Legacy of July-August uprising: It is crucial to enshrine the spirit of the the July-August uprising within the rewritten constitution. The sacrifices made by students and ordinary citizens during the uprising must be duly honoured.
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Conclusion
WHILE amending the constitution may serve as a short-term fix, a comprehensive rewrite offers a long-term solution to restoring democratic values and addressing the contemporary needs of the nation.
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A Salam Choudhury lives in Toronto, Canada.