Recommendations on the reform of Bangladesh constitution have attempted to address issues within the state鈥檚 structural and legal frameworks, but ambiguities remain, particularly concerning fundamental principles and rights, legal and political science experts said on Thursday.
They stressed further dialogue and refinement for clarity, particularly on the relationship between the state and religions, and mustering consensus among all walks of people.
The Constitution Reform Commission led by professor Ali Riaz on Wednesday submitted the recommendations to the interim government鈥檚 chief adviser Muhammad Yunus.
The reform commission recommended the substitution of 鈥榚quality, human dignity, social justice, pluralism and democracy鈥� for 鈥榥ationalism, socialism, democracy and secularism鈥� as the fundamental principles of the state.
Dhaka University鈥檚 political science teacher professor Tasneem Siddiqui told 抖阴精品 that incorporation of pluralism in the framework of fundamental rights was appreciated.
However, expressing her concerns over the suggestion to remove secularism as fundamental principle, she said, 鈥業f secularism is dismissed as a Western concept, there must still be constitutional safeguards to limit the state鈥檚 involvement with religion. The constitution must provide a clear framework in this regard.鈥�
Talking about the relationship between religion and the state, Supreme Court senior lawyer Shahdeen Malik said that in most democratic countries, the state and religion are separate entities.
鈥業n Pakistan, religion was used as a tool for exploitation, leading to the removal of the state religion in the 1972 constitution. Reintroducing state religion now would signify a step backward. How could we determine religion of a state if it is an institution?鈥� Shahdeen said.
Supreme Court lawyer Jyotirmoy Barua said that pluralism does not allow for any particular religion to dominate.
鈥業t is not right to eliminate secularism in the name of pluralism. If secularism is removed, the concept of a state religion must also be abandoned,鈥� he stated.
Regarding recommendations on democratic process, professor Tasneem found that the proposals effectively reflected public aspirations for reforms, particularly in roles of parliament, judiciary and the distribution of power between the president and the prime minister.
However, she strongly criticised the absence of provisions addressing democratisation within political parties.
鈥榃hile the electoral reform commission has addressed this issue, the constitution must provide a foundational framework for such reforms,鈥� she added.
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.
Shahdeen Malik expressed scepticism regarding the practicality of referendum for constitutional amendments, as recommended by the reform commission.
He argued that the low literacy rate in the country would make referendum challenging, especially for proposals involving multiple articles of the constitution.
鈥楻eferendum might work for single amendment but are impractical for extensive changes,鈥� he said.
About the fundamental rights, professor Tasneem noted that the proposed rights to food, clothing, education, shelter and medical care should be explicitly mentioned, separating from the other rights, including access to internet and information, science education, childcare.
鈥楾he rights to food, for instance, is fundamentally different from the rights to internet access,鈥� she added.
Jyotirmoy Barua demanded that the rights to energy should be in the proposed reforms. He further highlighted the need for protection against forced eviction and displacement, noting that while shelter was acknowledged as a rights in the recommendations, safeguards against land displacement were missing.
Additionally, he called for constitutional guarantees to protect citizens from harassment by law enforcers, such as unlawful detentions without warrants.
Professor Tasneem also expressed reservations about the proposed abolition of provisions related to repressive detention, saying that the elimination of such laws would also be interpreted as automatic revoking of the special power act and Section 54 of the Criminal Code.
鈥榃hat would be the alternatives if the state needs to detain a person for reasons? But still, the constitution must ensure a democratic way of such detention,鈥� Tasneem said.
The reform commission recommended the establishment of a bicameral legislature 鈥撯�� a National Assembly with 400 directly elected members, including 10 per cent from the youth community, and a Senate with 100 members elected through a proportional representation system and five more members to be appointed by the president.
Women rights activist and a senior Supreme Court lawyer Fawzia Karim Firoze said that the provisions for representation of women in the proposed National Assembly and Senate was not adequate.
She, however, welcomed efforts to limit the power of the prime minister and president, stressing the importance of a check and balance for preventing misuse of authority.
She also appreciated the decentralisation of the High Court as she said that this reform would help minimise delays and ensure access to justice amid growing lawsuits in the courts.
Fawzia endorsed the establishment of a Judicial Appointments Commission and a permanent attorney service, calling these measures crucial for strengthening the judiciary.