Changes in the constitution are imperative to ensure the will of people in the running of the country and to repair the democratic institutions of the state, said speakers at a seminar yesterday.
Most of the discussants at the seminar titled "Democratic Reconstruction – On Constitution" were in favour of rewriting the constitution through forming a new constituent assembly while some were on the side of bringing in major amendments to the existing constitution.
The seminar was organised by the Centre for Governance Studies at the Bangladesh Institute of International and Strategic Studies in the capital.
"There should be checks and balances of power between the president and the prime minister — the existing constitution permits the PM to hold immense power," said Ali Riaz, distinguished professor of Illinois State University of USA.
The same person should not hold the positions of the prime minister (head of government), the leader of the parliament and the chief of the ruling party at once.
In Sout Asian countries, whenever a party had a two-thirds majority, they changed the constitution.
A proportional representation system and bicameral legislature are needed in the country to have checks and balances, he said.
"There is no alternative to rewriting the constitution — around one-third of the clauses relating to the basic structures of the constitution are not amendable," Riaz added.
Amending the constitution or formulating a new one is subject to discussion that would ultimately lead to democratic reforms, said AF Hassan Ariff, an adviser to the interim government. Ariff participated in the discussion in his capacity as a Supreme Court advocate.
"The constitution is a living document — not a dead one — and various strategies can be adopted to improve its health," he said, adding that discussions will help the democratic reconstruction of the country.
The constitution should be amended but not scrapped altogether, said ZI Khan Panna, chairperson of Ain o Salish Kendra.
"If we cancel it now, after 10 or 20 years there can be another call for cancellation of the constitution," he said, while calling for amending the laws that have existed since the colonial period.
Only the parliament has the power to amend any provision of the constitution, said Borhan Uddin Khan, a professor at the University of Dhaka's law department.
"There is emotion and logic regarding the 1972 constitution but that doesn't mean that we will not be dynamic. We have to save the state. There is now a will to change the constitution," he added.
The 1972 constitution was progressive for that time, said Manzoor Hasan, executive director of the Centre for Peace and Justice at the BRAC University.
"But it became unworkable and difficult to implement due to different amendments over the last five decades. Amendment has undermined the spirit that the constitution is the solemn expression of the will of the people."
Rather, it has become the will of a small coterie of politicians.
The constitution should incorporate the will of the people and the spirit of the mass uprising.
"If needed we can form a new constituent assembly. If this happens in a consultative manner and it is inclusive, it will avoid any kind of debate," Hasan added.
There is already a consensus in society that there should be checks and balances in the power of the president and the PM and limiting the PM's tenure, said Nurul Kabir, editor of the English daily New Age.
"If a constitution empowers one person to enjoy so much power, then even the most democratic person in the world will become tyrants over time. If the judiciary remains 10,000 percent neutral, they will be bound to listen to that person."
There are loopholes in the constitution as it talks about equality but there is an absence of legal compulsion to enforce that.
"We have seen the manifestation of partisan thought in the constitution in the name of making a nation into a state," he said, adding that the interim government should keep in mind that power is not infinite and for an indefinite period.
More constitution experts will need to get involved in the discussion on the constitution, said Sara Hossain, a Supreme Court advocate.
"It is eay to destroy anything but it is difficult to make a new thing," she said.
The interim government should take the decision on whether there will be amendments to the constitution or a constituent assembly will be formed to create the new constitution, said Badiul Alam Majumdar, secretary of Shushashoner Jonno Nagorik.
The current constitution is static and a new constitution is a "must", said Habibur Rahman, a former student of DU.
The new constitution can be made in two ways. One is through a national convention composed of political parties and other stakeholders who supported the student-led mass upsurge and a referendum can be held on that.
The other way is through an election to elect the constituent assembly, he added.
The creation of a new constitution through constituent assembly can take a long time, said Dilara Chowdhury, a former professor of Jahangirnagar University.
"If it is done through national convention, it will require less time," she added.
Non-recognition of indigenous people forced them to walk out from the constituent assembly in 1972, said Raja Devasish Roy, chief of the Chakma Circle.
"New Bangladesh should accommodate all indigenous groups, minorities and others to be a truly democratic country," he said.
There is not much difference between the will of the people in 1971 and 2024, said Mahfuj Alam, special assistant to the chief adviser of the interim government.
"If the constitution has to be rewritten, you should do it as a continuation of the people's will in 1971 and the proclamation of independence. The stories of people from different sections of the society should be heard while doing that."
If the will of the people is not reflected in the constitution, then there is no need to rewrite the constitution just by changing a few things, he added.
Bangladesh Supreme Court Bar Association President Mahbub Uddin Khokon, Fair Election Monitoring Alliance Chair Munira Khan, former judge Ikteder Ahmed, lawyer Dilruba Shormin, and others spoke at the programme.
CGS executive director Zillur Rahman conducted the discussion.
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