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The Constitution (Fifteenth Amendment) Bill, 2011 placed in JS
SANGASAD BHABAN, June 25 (BSS)- The Constitution (Fifteenth Amendment) Bill, 2011 was placed at the Jatiya Sangsad today proposing abolition of the provision of the non- party caretaker government system.
Law, Justice and Parliamentary Affairs Minister Barrister Shafique Ahmed placed the bill in the House amid thumping of the table by the treasury bench members.
About the abolition of the provision of the non-party caretaker government system, the bill said in the constitution, article 58A and "chapter IIA-non-party caretaker government" shall be omitted.
The bill, however, proposed for retaining Bismillahi-Ar Rahman- Ar-Rahim, state religion Islam and keeping the scope for religion-based politics.
About Bismillahi-Ar Rahman-Ar-Rahim, the bill said "Bismillahi- Ar Rahman-Ar-Rahim" (in the name of Allah, the Beneficent, the Merciful)/In the name of the Creator, the Merciful." shall be substituted at the beginning of the Constitution, above the preamble, for the words, commas, signs and brackets "Bismillahi-Ar Rahman- Ar-Rahim" (in the name of Allah, the Beneficent, the Merciful).
The bill said the State religion of the Republic is Islam but the State shall ensure equal status and equal right in the practice of the Hindu, Buddhist, Christian and other religions.
The bill said, "Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interests of morality or public order:
Provided that no person shall have the right to form, or be a member of the said association or union if- (a) it is formed for the purposes of destroying the religious, social and communal harmony among the citizens; (b) it is formed for the purposes of creating discrimination among the citizens, on the ground of religion, race, caste, sex, place of birth or language; (c) it is formed for the purposes of organizing terrorist acts or militant activities against he state or the citizens or any other country; (d) its formation and objects are inconsistent with the constitution."
In the bill, proposal has been made to bring sedition charges and highest punishment against those who will capture power illegally and provide support to the usurpers.
It also proposed addition of the provision of preserving and displaying the portrait of Father of the Nation Bangabandhu Sheikh Mujibur Rahman instead of the President and the Prime Minister to the Constitution.
The bill said the principle of secularism shall be realized by the elimination of- (a) communalism in all its forms; (b) the granting by the state of political status in favour of any religion; (c) the abuse of religion for political purposes; (d) any discrimination against, or persecution of, persons practicing a particular religion."
Proposals have also been made to insert new articles making disqualified the amendment to the rules relating to the basic structures of the constitution and disqualified the candidature of those who are accused in the war crimes and even in the case of becoming voters.
The bill proposed for incorporating the historic March 7 speech of Bangabandhu and his proclamation of Independence in the early hours of March 26 in 1971 and adoption of proclamation of Independence by the Mujibnagar government on April 10 in 1971.
Proposals have also been made to change article 65 (ka) (3) of the constitution by raising the number of women reserved seats to 50 from 45. In the article, proposals have been made to replace the word '50 seats' instead of '45 seats'.
The bill proposed for replacing new sub-clause (Uma) in article 66 relating to qualification and disqualification of becoming MP candidature. It said, if anybody was convicted of any crimes under the Collaborator (special tribunal) Order 1972, the convicts would not become candidates in the Jatiya Sangsad elections.
Proposals have been made making disqualified the enrollment of the war criminals in the voter list. It said in the case of enrollment in the voter list, if anybody was convicted under the Collaborator (special tribunal) Order 1972, he/she would not become voters.
The bill said the principles of nationalism, socialism, democracy and secularism, together with the principles derived from those set out in this part, shall constitute the fundamental principles of the state policy.
The bill proposed for replacing article 70 as per the constitution of 1972.
It said Article 70(1) - (1) a person elected as a Member of Parliament in an election at which he was nominated as a candidate by a political party shall vacate his seat if he resigns from that party or votes in Parliament against the party, but shall not thereby be disqualified for subsequent election as a Member of Parliament.
The bill proposed for entrusting the power of discharging the judges with the Supreme Judicial Council.
Proposals have been made to amend the Article 118 related to establishment of Election Commission. It proposed constituting the Election Commission with one Chief Election Commissioner and not more than four Election Commissioners.
The bill also proposed for brining changes to the Article dealing with elections and said under the Article 123, 3(A) a general election will be held 90 days before after dissolution of the Parliament on expiry of its tenure, (B) or within the next 90 days when the parliament is dissolved for other reasons excepting expiry of its tenure.
Proposals have also been made to amend the Article 141 (a) related to Proclamation of Emergency. It suggested inserting the words-'for not more than 120 days' in Proclamation of Emergency.
The bill proposed for bringing amendment to the first paragraph of the preamble. It recommended replacing the words 'historic struggle for national freedom' instead of 'historic war for national independence'.
Proposals have also been made to change full text of the second paragraph of the preamble. It suggested inclusion of the sentence - "We are pledging that the ideals - nationalism, socialism, democracy and secularism- which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in the struggle of national freedom, shall
be fundamental principles of the Constitution."
The bill said the supreme command of the defence services of Bangladesh shall vest in the President and the exercise thereof shall be regulated by law.
The bill proposed that the state shall take steps to protect and develop the unique local culture and tradition of the tribes, minor races, ethnic sects and communities
The bill proposed for brining changes to the Article 4 by replacing the words 'emblem and portrait of the Father of the Nation' and adding a new clause.
Under the new clause, it said the portrait of Father of the Nation Bangabandhu Sheikh Mujibur Rahman shall be preserved and displayed at the offices of the President, Prime Minister, Speaker, Chief Justice, all government, semi-government, autonomous organizations, all government and private educational institutions and all embassies and missions of Bangladesh abroad.
Proposals have also been made to abolish article 4 (A) related to displaying portrait of the President and the Prime Minister. As a result, the bill proposed for making mandatory the displaying of the portrait of Father of the Nation instead of the President and Prime Minister.
Proposals have been made to replace article 6(1) and 6(2) instead of Article 6 related to citizenship. It proposed replacing the word under 6(1) - The citizenship of Bangladesh shall be determined and regulated by law and under 6(2) - The people of Bangladesh shall be known as Bangalee as a nation and citizens of Bangladesh shall be known as Bangladeshis.
The bill proposed for incorporating a new article titled 18(A) related to preserving environment and biodiversity.
The bill also proposed for inserting a new clause under Article 19 related to involvement of women in national life. It said under the new clause, the state will ensure equal opportunity to the women for their participation in every stage of the national life.
Lone independent lawmaker Md fazlul Azim raised his objection about the bill which was later rejected in voice votes.
Replying to the objection, Barrister Shafique Ahmed sought to know under which provision marshal law was proclaimed and Khondakar Mioshtaque, Justice ASM Sayem and Ziaur Rahman were made president after the killing of Bangabandhu on August 15 and the jail killing on November 3 in 1975?
"These military rulers had brought radical changes in the constitution through marshal law proclamations beyond the constitution and later BNP that was created in the cantonment incorporated these proclamations in the constitution through the controversial fifth amendment," he said.
The law minister said the apex court declared illegal the fifth and 13th amendments which are conflicting with the main principles of the constitution.
In the light of the apex court verdict, he said, the special parliamentary committee on the constitutional amendment, that was formed on July 21 last year, placed its report on June 8 and the cabinet on June 20 approved the Constitution (Fifteenth Amendment) Bill-2011.
The bill has been sent to the concerned parliamentary standing committee for scrutiny and send it back to the House within two weeks.
The Constitution (Fifteenth Amendment) Bill, 2011 is anti-Bangladesh and is against the independence struggle of Bangladesh
The Constitution (Fifteenth Amendment) Bill, 2011 as it presently stands, is anti-Bangladesh in outlook and detrimental to the continuing sovereignty and independence of the country and must therefore be vehemently and firmly opposed. That the country’s sovereignty and independence is being sacrificed to Indian interests and strategic requirements (i.e. Akhand Bharat) appears to find support in the recommendation to replace the words, ‘historic war for national independence’ now contained in the Preamble to the Constitution, with the euphemistic and vapid words, ‘historic struggle for national freedom.’ Similarly the suggested inclusion of the words in the Preamble, ‘We are pledging that the ideals - nationalism, socialism, democracy and secularism- which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in the struggle of national freedom, shall be fundamental principles of the Constitution’ radically distorts and perverts the meaning of the 1971 war to fit an Indian secularist perspective and interpretation. The objective to assimilate Bangladesh into the Indian cultural and ethnic milieu is given substance and voice to in the proposal to amend Article 6(2) which will now read, ‘The people of Bangladesh shall be known as Bangalee as a nation and citizens of Bangladesh shall be known as Bangladeshis.’ This leaves the door open to future amalgamation with West Bengal and ultimately India. Apparently Bangladeshis only fought for freedom in 1971 and not full independence which is a logical outcome of the words of Sheikh Mujibur Rahman on March 7, 1971 at the Dhaka Racecourse (now Suhrawardy Udyan) which according to most records did not actually call for independence from Pakistan. A declaration of independence was made much later and only after the crackdown on March 25- 26 1971 when no other option was available. Unfortunately, the Constitution (Fifteenth Amendment) Bill, 2011 completely ignores the declaration of independence made by then Major Ziaur Rahman on behalf of Sheikh Mujibur Rahman on March 27, 1971 from Kalurghat Radio Station in Chittagong. How ironic.
DeshCalling: The Constitution (Fifteenth Amendment) Bill, 2011 is anti-Bangladesh and against the country's independence struggle
SANGASAD BHABAN, June 25 (BSS)- The Constitution (Fifteenth Amendment) Bill, 2011 was placed at the Jatiya Sangsad today proposing abolition of the provision of the non- party caretaker government system.
Law, Justice and Parliamentary Affairs Minister Barrister Shafique Ahmed placed the bill in the House amid thumping of the table by the treasury bench members.
About the abolition of the provision of the non-party caretaker government system, the bill said in the constitution, article 58A and "chapter IIA-non-party caretaker government" shall be omitted.
The bill, however, proposed for retaining Bismillahi-Ar Rahman- Ar-Rahim, state religion Islam and keeping the scope for religion-based politics.
About Bismillahi-Ar Rahman-Ar-Rahim, the bill said "Bismillahi- Ar Rahman-Ar-Rahim" (in the name of Allah, the Beneficent, the Merciful)/In the name of the Creator, the Merciful." shall be substituted at the beginning of the Constitution, above the preamble, for the words, commas, signs and brackets "Bismillahi-Ar Rahman- Ar-Rahim" (in the name of Allah, the Beneficent, the Merciful).
The bill said the State religion of the Republic is Islam but the State shall ensure equal status and equal right in the practice of the Hindu, Buddhist, Christian and other religions.
The bill said, "Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interests of morality or public order:
Provided that no person shall have the right to form, or be a member of the said association or union if- (a) it is formed for the purposes of destroying the religious, social and communal harmony among the citizens; (b) it is formed for the purposes of creating discrimination among the citizens, on the ground of religion, race, caste, sex, place of birth or language; (c) it is formed for the purposes of organizing terrorist acts or militant activities against he state or the citizens or any other country; (d) its formation and objects are inconsistent with the constitution."
In the bill, proposal has been made to bring sedition charges and highest punishment against those who will capture power illegally and provide support to the usurpers.
It also proposed addition of the provision of preserving and displaying the portrait of Father of the Nation Bangabandhu Sheikh Mujibur Rahman instead of the President and the Prime Minister to the Constitution.
The bill said the principle of secularism shall be realized by the elimination of- (a) communalism in all its forms; (b) the granting by the state of political status in favour of any religion; (c) the abuse of religion for political purposes; (d) any discrimination against, or persecution of, persons practicing a particular religion."
Proposals have also been made to insert new articles making disqualified the amendment to the rules relating to the basic structures of the constitution and disqualified the candidature of those who are accused in the war crimes and even in the case of becoming voters.
The bill proposed for incorporating the historic March 7 speech of Bangabandhu and his proclamation of Independence in the early hours of March 26 in 1971 and adoption of proclamation of Independence by the Mujibnagar government on April 10 in 1971.
Proposals have also been made to change article 65 (ka) (3) of the constitution by raising the number of women reserved seats to 50 from 45. In the article, proposals have been made to replace the word '50 seats' instead of '45 seats'.
The bill proposed for replacing new sub-clause (Uma) in article 66 relating to qualification and disqualification of becoming MP candidature. It said, if anybody was convicted of any crimes under the Collaborator (special tribunal) Order 1972, the convicts would not become candidates in the Jatiya Sangsad elections.
Proposals have been made making disqualified the enrollment of the war criminals in the voter list. It said in the case of enrollment in the voter list, if anybody was convicted under the Collaborator (special tribunal) Order 1972, he/she would not become voters.
The bill said the principles of nationalism, socialism, democracy and secularism, together with the principles derived from those set out in this part, shall constitute the fundamental principles of the state policy.
The bill proposed for replacing article 70 as per the constitution of 1972.
It said Article 70(1) - (1) a person elected as a Member of Parliament in an election at which he was nominated as a candidate by a political party shall vacate his seat if he resigns from that party or votes in Parliament against the party, but shall not thereby be disqualified for subsequent election as a Member of Parliament.
The bill proposed for entrusting the power of discharging the judges with the Supreme Judicial Council.
Proposals have been made to amend the Article 118 related to establishment of Election Commission. It proposed constituting the Election Commission with one Chief Election Commissioner and not more than four Election Commissioners.
The bill also proposed for brining changes to the Article dealing with elections and said under the Article 123, 3(A) a general election will be held 90 days before after dissolution of the Parliament on expiry of its tenure, (B) or within the next 90 days when the parliament is dissolved for other reasons excepting expiry of its tenure.
Proposals have also been made to amend the Article 141 (a) related to Proclamation of Emergency. It suggested inserting the words-'for not more than 120 days' in Proclamation of Emergency.
The bill proposed for bringing amendment to the first paragraph of the preamble. It recommended replacing the words 'historic struggle for national freedom' instead of 'historic war for national independence'.
Proposals have also been made to change full text of the second paragraph of the preamble. It suggested inclusion of the sentence - "We are pledging that the ideals - nationalism, socialism, democracy and secularism- which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in the struggle of national freedom, shall
be fundamental principles of the Constitution."
The bill said the supreme command of the defence services of Bangladesh shall vest in the President and the exercise thereof shall be regulated by law.
The bill proposed that the state shall take steps to protect and develop the unique local culture and tradition of the tribes, minor races, ethnic sects and communities
The bill proposed for brining changes to the Article 4 by replacing the words 'emblem and portrait of the Father of the Nation' and adding a new clause.
Under the new clause, it said the portrait of Father of the Nation Bangabandhu Sheikh Mujibur Rahman shall be preserved and displayed at the offices of the President, Prime Minister, Speaker, Chief Justice, all government, semi-government, autonomous organizations, all government and private educational institutions and all embassies and missions of Bangladesh abroad.
Proposals have also been made to abolish article 4 (A) related to displaying portrait of the President and the Prime Minister. As a result, the bill proposed for making mandatory the displaying of the portrait of Father of the Nation instead of the President and Prime Minister.
Proposals have been made to replace article 6(1) and 6(2) instead of Article 6 related to citizenship. It proposed replacing the word under 6(1) - The citizenship of Bangladesh shall be determined and regulated by law and under 6(2) - The people of Bangladesh shall be known as Bangalee as a nation and citizens of Bangladesh shall be known as Bangladeshis.
The bill proposed for incorporating a new article titled 18(A) related to preserving environment and biodiversity.
The bill also proposed for inserting a new clause under Article 19 related to involvement of women in national life. It said under the new clause, the state will ensure equal opportunity to the women for their participation in every stage of the national life.
Lone independent lawmaker Md fazlul Azim raised his objection about the bill which was later rejected in voice votes.
Replying to the objection, Barrister Shafique Ahmed sought to know under which provision marshal law was proclaimed and Khondakar Mioshtaque, Justice ASM Sayem and Ziaur Rahman were made president after the killing of Bangabandhu on August 15 and the jail killing on November 3 in 1975?
"These military rulers had brought radical changes in the constitution through marshal law proclamations beyond the constitution and later BNP that was created in the cantonment incorporated these proclamations in the constitution through the controversial fifth amendment," he said.
The law minister said the apex court declared illegal the fifth and 13th amendments which are conflicting with the main principles of the constitution.
In the light of the apex court verdict, he said, the special parliamentary committee on the constitutional amendment, that was formed on July 21 last year, placed its report on June 8 and the cabinet on June 20 approved the Constitution (Fifteenth Amendment) Bill-2011.
The bill has been sent to the concerned parliamentary standing committee for scrutiny and send it back to the House within two weeks.
The Constitution (Fifteenth Amendment) Bill, 2011 is anti-Bangladesh and is against the independence struggle of Bangladesh
The Constitution (Fifteenth Amendment) Bill, 2011 as it presently stands, is anti-Bangladesh in outlook and detrimental to the continuing sovereignty and independence of the country and must therefore be vehemently and firmly opposed. That the country’s sovereignty and independence is being sacrificed to Indian interests and strategic requirements (i.e. Akhand Bharat) appears to find support in the recommendation to replace the words, ‘historic war for national independence’ now contained in the Preamble to the Constitution, with the euphemistic and vapid words, ‘historic struggle for national freedom.’ Similarly the suggested inclusion of the words in the Preamble, ‘We are pledging that the ideals - nationalism, socialism, democracy and secularism- which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in the struggle of national freedom, shall be fundamental principles of the Constitution’ radically distorts and perverts the meaning of the 1971 war to fit an Indian secularist perspective and interpretation. The objective to assimilate Bangladesh into the Indian cultural and ethnic milieu is given substance and voice to in the proposal to amend Article 6(2) which will now read, ‘The people of Bangladesh shall be known as Bangalee as a nation and citizens of Bangladesh shall be known as Bangladeshis.’ This leaves the door open to future amalgamation with West Bengal and ultimately India. Apparently Bangladeshis only fought for freedom in 1971 and not full independence which is a logical outcome of the words of Sheikh Mujibur Rahman on March 7, 1971 at the Dhaka Racecourse (now Suhrawardy Udyan) which according to most records did not actually call for independence from Pakistan. A declaration of independence was made much later and only after the crackdown on March 25- 26 1971 when no other option was available. Unfortunately, the Constitution (Fifteenth Amendment) Bill, 2011 completely ignores the declaration of independence made by then Major Ziaur Rahman on behalf of Sheikh Mujibur Rahman on March 27, 1971 from Kalurghat Radio Station in Chittagong. How ironic.
DeshCalling: The Constitution (Fifteenth Amendment) Bill, 2011 is anti-Bangladesh and against the country's independence struggle