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The general discussion on draft Constitution continued from 19 October to 30 October of 1972.

And the Article-wise debate starts on 31 October and ends on !o"ember of 1972. There went on a "er# e$tensi"e and thoughtful discussion on man# im%ortant to%ics focusing mainl# on both the content and the linguistic feature of the constitution. &ome debates were as regards the nature and the credibility of the CA as well . 'ere we ha"e (ust %ic)ed u% some of the much debated issues which %la# "ital role in sha%ing the structure of our constitution. *n so doing+ we ha"e a"oided our attention from the amendment %ro%osals regarding the linguistic de"elo%ment of the te$t of the constitution, The fundamental principles of state policy: The ideological choice of our fundamental %rinci%les of state %olic# does not create a critical debate. -anbendra !ara#an .arma onl# o%%osed the ideals of /0angalee1 nationalism which forms the core content of Article 2+ 3 and 9. *n res%onse to this o%%osition+ the ma(orit# argument holds that the sense of ‘Bangalee’ nationalism was the central motivation of becoming an independent nation. To establish this argument+ !urul *slam %assionatel# said that the inde%endence of 0angladesh was coe$tensi"e with /0angabandhu1 and /0angabandhu1 was the de"oted dreamer of our /0angalee nationlism1. &o the de"iation from this %rinci%le will go against the s%irit of liberation. Socialism and Democracy, 4emocrac# and &ocialism was a%%arentl# irreconcilable ideals. O"erall constitutional mechanism does not neatl# fit with the absolute %ostulates of &ocialism. Though man# 5-r. Abdul A6i6 Chowdhur#7 call our attem%t to reconcile democrac# and socialism as a sur%rise+ the ma(orit# e$%ected to materiali6e a h#brid form of socialism. rofessor Abu Sayeed proposes that to ma!e socialistic ideals effective even the democratic ideals will be compromised when necessary. Thus it was acce%ted that democrac# will be the means of achie"ing the ob(ecti"es of socialism. Secularism, The trauma of %olitici6ation of religion during the 8a)istan regime was the main argument in su%%ort of acce%ting secularism as state ideal. &. !a6rul *slam argued that in im%lementing the s%irit of other three %rinci%les+ Secularism will serve rather as a catalyst"glue. #ustifiability, &urangit initiall# argued that if the fundamental %rinci%les are not (udiciall# enforceable the# should not be contained in the authoritati"e te$t of the constitution. *n res%onse to these arguments the ma(orit# "iew held that these %rinci%les
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han su%%orted this amendment b# rel#ing on the 2 .han sa#s about the <doctrine of %olice %ower= and 4r. .would be graduall# im%lemented de%ending on the socio-economic maturit# of the countr#. &haw)at Ali .! .amal tried to show that almost e"er# constitutional s#stem is familiar with the restriction in the en(o#ment of fundamental rights. . Dr) *amal mainly cited a case from #apanese court and the constitutional provision of Afghanistan to establish his argument . 'owe"er in time of final amendment %ro%osals &uron(it only proposed to remove the clause which tal!ed about the non$%ustifiability in order to ma!e the door of parliament open to decide its actual status. Assadu66am . &o the main argument comes from the %oint that the constitution of 0angladesh should not contain an# such element which will facilitate the t#rannical acti"ities of the go"t.amal denies the %ossibilit# of misusing the %ro"isions of fundamental right b# arguing that 8a)istan regime would not be e$%ected to be followed in the <o%eration= of fundamental rights.arma %assionatel# argued against the insertion of such restriction clause. *t was also argued that e"en the >4'? of 19 3 contains such restriction 5Art. -r. &undamental 'ights: The main debate relating to the articles of fundamental rights rounds e$tensi"el# with the necessit# of %utting restrictions on the e$ercise of such fundamental rights.han %ro%osed an amendment of the Article b# arguing that an# %ro%ert# can be ac@uired b# law e"en without %ro"iding an# com%ensation whatsoe"er. &o that the# are not (udiciall# enforceable does not mean their %ermanent non(ustifiabilit#. &uran(it &engu%ta and . Abdul A6i6 Ch# said about the %ossibilit# of ma)ing or enacting blac) laws b# misusing the a%%rehension contained in these Articles. 4r. *nterestingl#+ (r) Sengupta also read out some speech of Bangabandhu which he delivered in the a!istan parliament so as to oppose the insertion of restriction clause with the fundamental rights’ article. 297. Assadu66aman . 0ut the most con"incing argument was that without embod#ing such restriction on fundamental right the o%eration of some established %rocedure under e$isting law 5for e$am%le+ section 3:2 and 3:: of the Cr8C7 will be at sta)e. The# raise their contention that the ambit of the en(o#ment of such rights ma# be curtailed b# misusing the restriction clause as it ha%%ened in the former 8a)istan regime. Article 2. 9"en Abul -onsur Ahmed critici6es the insertion of such %rinci%les in the constitutions as earl# as in 19:2 ma)ing them as mere (argon.

! . . *nterestingl#+ he cited the %ro"ision of *ndian constitution to %ro"e his argument which itself does not den# the right to get com%ensation. 'e argued that the %ro"ision for im%eaching the %resident onl# b# the "ote of the ma(orit# 5sim%le ma(orit#7 will wea)en the im%artialit# of the 8resident.amal re(ected the %ro%osal b# sim%l# sa#ing that the %ro"ision re@uiring s%ecial ma(orit# is more democratic and what -r.arma demanded an amendment of Article 7 and suggested to insert a new Article namel#+ Article 7A. 4r./: 0mpeachment of the resident (r) &engu%ta %ro%osed an amendment of this Article b# claiming that for im%eaching the 8resident two-third ma(orit# 5s%ecial ma(orit#7 should be re@uired. &en %ro%osed is wholl# un)nown to an# constitution of the world. -oreo"er+ he argues that the %ower is actuall# "ested in the %arliament not in the go"ernment. 'e %assionatel# a%%eals to notice the miserable condition of the 'ill Trac)s %eo%le. 4r.rationales of the doctrine of salus populi and doctrine of necessitas publica.5%+ : 17 3 . -r. *n su%%ort of his argument+ he @uestioned the colonial legac# of the Chittagong 'ill Trac)s ?egulation of 1900 and its continuance through the subse@uent Act of 1919 and 193: and also through the constitution of 19:2 and 1922. :237 Article +. &%ea)er also said that it is against the basic %rinci%le of 0angalee !ationalism. >nder this Article he demanded Autonom# of C'T for ensuring the %rotection of economic+ social and religious rights of the indigenous %eo%le. 'e cited the e$am%le of *ndian Constitution and 0ritish %ractice to su%%ort his argument.amal clearl# argued that b# adhering to the ideals of four %rinci%les we are committed to establish a societ# free from all )ind of e$%loitation.amal argued that in almost e"er# democratic state+ the %ro"ision for %assing Act of *ndemnit# can be found.: power to provide indemnity -r. &engu%ta %ro%osed the amendment of this Article b# claiming that the e$tension of the indemnit# clause so as to %ro"ides the %rotection to the %erson who does an# act in connection with the maintenance or restoration of order in an# area in 04 5%ost-war %eriod7 should not be a"ailable as fundamental rights 4r. . 'e mentioned the %ro"isions of ma)ing s%ecial laws for sociall# and economicall# bac)ward sections of citi6ens. Article . 5%. . Article +-: .

. &o a member of the 8arliament ceases to be a member as soon as he becomes minister. 0# suggesting a combined reading of these two Articles+ 4r. -r. 'owe"er+ 4r. *n su%%ort of his claim+ he mentioned the e$am%le of Arench and *talian Constitution which contain the %ro"isions for both collecti"e and indi"idual res%onsibilit#.amal denied acce%ting the %ro%osal b# re(ecting the rele"anc# of Arance and *talian %ro"ision as regards the (u$ta%osition of indi"idual and collecti"e res%onsibilit# on the following grounds. a7 *n these countries+ the minister cannot be the member of the 8arliament. 'e wanted the com%lete deletion of clause 5 7 of this Article which deals with %ro"ision for continuance of the membershi% of the formerl# dissol"ed %arliament between the dissolution of %arliament and the ne$t general election. 'owe"er+ 4r. 0ut there is no reason wh# we should translate such con"ention into an authoritati"e constitutional %ro"ision.Article . 'e claimed the insertion of a %ro"iso to clause 537 so as to ensure the indi"idual res%onsibilit# of the -embers of the cabinet. Abdul A6i6 Chowdhur#. 'e also argued that though man# constitutions do not ha"e such )ind of %ro"ision+ the %ractice of indi"idual res%onsibilit# usuall# goes through the con"ention. . *n our constitutional s#stem this is not actuall# the case. This )ind of a%%roach does not e$ist in our s#stem c7 *n man# countries+ the %ractice of indi"idual res%onsibilit# onl# goes through con"ention.. b7 *n these countries+ there is a %ro"ision for im%eaching the 8rimeminister and -inisters indi"iduall#. . Article . .amal here e$%lained the wa# out for an# e$ce%tional situation arising out of the dissolution of the 8arliament either b# reason of the e$%iration of its term or otherwise. A6i6 argued that such )ind of %ro"ision+ b# creating membershi% for an indefinite %eriod+ will create uncertaint# as regards the continuance of the membershi% of the 8arliament. .: (inisters The ma(or amendment %ro%osal of this Article comes from -r.amal resol"ed the argument b# referring the %ro"isions of Article 123 which %ro"ides the time of holding election. &engu%ta.: The Cabinet This Article was %ro%osed to be amended b# -r. 'e mentioned the %ossibilit# of <careta)er go"ernment= in such a situation though he e$%lained such go"ernment to be formed b# the members of the %arliament. As e$am%le+ he cited the *ndian %ractice in this res%ect.

5: *n the draft constitution there was sti%ulation of summoning the %arliament to meet within thirt# da#s from the da# of casting the "otes for the election. -r. Another im%ortant %oint is that in arguing in this wa#+ he %racticall# blurred the distinction between "oluntar# resignation and automatic "acanc# of member1s seat.amal re(ected the argument terming it undemocratic and %rone to 8residentialism. *nterestingl#+ he again mentioned the s#stem of careta)er go"ernment to be constituted in such a situation which will continue for 90 da#s to fill the "acuum between the two %arliaments. Article -1: 2acation of seats on resignation for voting against political party: *t is interesting to notice that the %resent anti-defection clause+ namel# the %ro"ision of Article 70 of our constitution has been inserted b# wa# of an amendment to the draft constitution. The amendment was %ro%osed b# -r. . Article -/ 3page . 'e %ro%osed that in such a situation+ instead of dissol"ing the 8arliament the 8resident should be %ro"ided with the %ower of a%%ointing 8rime -inister from the %erson retaining the su%%ort of the ma(orit#. *n su%%ort of this %ro%osal+ he argued that such %ro"ision will clarif# the situation when the 8resident can dissol"e the 8arliament. *t was argued that the counting for thirt# da#s must begin after the declaration of the result of %olling in an# general election. !ulul 'a@ue @uite irre"erentl# referred to the %ractice of man# countries including that of 9ngland which mainl# goes through the con"entions and not through constitutional %ro"isions.Article .4.-: tenure of office of rime (inister -r. Abdul A6i6 %ro%osed an amendment of this Article b# claiming that %arliament should not be dissol"ed on the mere ad"ice of the 8rime -inister when he ceases to retain the su%%ort of ma(orit#. : . 'e e"en emotionall#+ and %erha%s+ mista)enl# argued that such )ind of %ro"isions will facilitate the functioning of democrac#. And this argument was acce%ted b# the assembl#. *n su%%ort of his argument+ -r. &engu%ta also %ro%osed an amendment and strongl# argued against the %ro"ision for resignation of the members for "oting against the %olitical %art#. 'owe"er+ 4r. !urul 'a@ue. The reason showed behind this argument that sometimes it ta)es two da#s to com%lete the whole %rocess of the "oting in some %articular region+ that1s wh# if this article remain unchanged then some unnecessar# ambiguit# will arise out of it.

And this amendment was ac)nowledged b# the assembl#.445: *n the draft constitution there were no %ro"isions regarding the "acation of the office of the &%ea)er or 4e%ut# &%ea)er. A%%ointment from 0ar was strongl# o%%osed showing grounds that it will be a stumbling bloc) in the wa# of liberated Cudiciar#. Article 4/: -r. Amendments were suggested to %rolong the office duration of the &%ea)er or 4e%ut# &%ea)er until his successor has entered u%on office. 3/5 %age :92: *n the case of a%%ointing a Cudge in the 'igh Court 4i"ision of the &u%reme Court+ minimum ten #ears %racticing e$%erience in the &u%reme Court 0ar or three #ears e$%erience of e$ercising the %owers as a 4istrict Cudge was made mandator# in the 4raft Constitution. 'ere it will be worth mentioning that onl# because of ha"ing such %ro"isions in the constitution+ the contention about the issue of the office duration of the &%ea)er or 4e%ut# &%ea)er did not turn into anarch# in the time of the last care ta)er go"ernment. Article 718 385 %age 20:. Bu%ta could not be established before the assembl#. &engu%ta argued that the %ro"isions incor%orated in this article were thoroughl# undemocratic and utterl# contrar# to the fundamental %rinci%les of the Constitution. Article 6. 0ut the (ustification of such deletion %romoted b# -r. Others argued that the Cudiciar# will be strong enough if the e$%erienced law#ers from the 'igh Court 4i"ision could be a%%ointedD ne"ertheless it had become a tradition and to establish a %owerful Cudiciar# it was an obligation. &engu%ta suggested a shorter duration of our %arliament that was term of four #ears. Article -+ 3page . Article 774 5%age 21 7. 'e therefore suggested to redraft the article b# deleting the words <e$ce%t on the recommendation of the go"ernment= b# substituting the word <an#= for the word <no=. -r. *t was argued that *n order to establish natural (ustice+ the A%%ellate 4i"ision of the &u%reme Court should ha"e (urisdiction o"er an# other lower courts or tribunals as the 8arliament determined it b# ma)ing law. &engu%ta suggested that the a%%ointments of Chief 9lection Commissioner or other 9lection Commissioners must be at least from the 2 .-r. The necessit# of three #ears e$%erience of e$ercising the %owers as a 4istrict Cudge was also challenged arguing that man# efficient Cudges from the lower Court will be de%ri"ed because of this. 'e argued that in man# other countries of the world the %arliament is for the %eriod of four #ears and %arliaments with a shorter duration are more effecti"e for ensuring the res%onsibilities of the members to the %eo%le of the countr#.

Article 78-: -r. Other argued that+ this will create unwanted restriction and such limitation will bar in case of a%%ointing an# higher @ualified %erson who ma# not be from Cudiciar#. 7 . -oreo"er much @ualified Cudges for these %osts ma# not be a"ailable all the time. Bu%ta were rebutted. *t was argued that there must com%rise a %ost of <Chairman= in the 8ublic &er"ice Commission 58&C7 so as to stimulate the force of the wor) of the commission. Other o%%osed that the mechanism of <show cause= is a must to %ro"ide them a chance of self-defense and in absence of itD the remo"al from office will be entirel# undemocratic. The "er# much %olitical foresight of then leaders had been reflected in this article. *t was also suggested to increase the age from 20 to 22 in order to get more )nowledgeable and s)illed %erson. Article 786 523:7. And such inclusion was made b# the assembl#.= 0ut his %ro%osal was not granted b# the assembl#.Cudges of the &u%reme Court or 'igh Court 4i"ision. Article 78. The argument was that such %ro"ision will obstruct the %ossibilities of misusing the administrati"e %owers b# the go"ernment %ersonnel. The# got understood that in near future the %ro%ert# of the ?e%ublic ma# increase far from the territorial waters. 'e continued that these %osts are so im%ortant that on their sense of im%artialit# and commitment to the nation will %la# crucial role in the wal) of democrac# of the new constitution. Therefore he strongl# addressed that these %osts must be filled u% b# a%%ointing the %eo%le from the Cudiciar# which is be#ond the %olitical influence. *n 4raft Constitution there were no %ro"isions of <show cause= fa"oring the go"ernment officials in the time of dismissal. <8ro"ided that all officialsE em%lo#ees in charge of the same or similar geogra%hical area in their res%ecti"e fields or %erforming same or similar duties under the Bo"ernment or other bodies or organi6ations an#where in 0angladesh shall be accorded same status and %a# scales ha"ing same or similar academic @ualifications. *t was argued that inclusion of such %ro"isions in the constitution of a countr# li)e us will facilitate chance of being rightful owner of the minerals and other things underl#ing the %rolonged continental shelf in future time. 3/5 %age 223. Article 7+8 52397. The %ro%osals were granted b# the assembl#. )ritish Chandra -ondal argued that with this article one %ro"iso should be added as follows. And conse@uentl# arguments of -r. !onetheless the officials will not get an# certaint# of their (obs.

This hurr# is also in the mind of 0anglabandhu.i)e what AbuD -ansur Ahmed and 0angabandu did in regard to 19:2 constitution+ suran(it %ro%osed for assessing %ublic o%inion with regard to the draft constitution. &en rather %ro%osed consultation with the %arties wor)ed with 0angabandhu and also assessing %ublic o%inion at least for 10 da#s. 'e %ointed out that we are rushing in ma)ing the constitution. 'e suggested an interim Bo"ernment with %ro-liberation %olitical %arties who had ta)en %art in the war of inde%endence+ which would hold the ne$t election.&orth schedule 5Article 1:07: -r.AO. A few e"en has the intention of dissol"ing this CA and draft the constitution b# forming a re"olutionar# go"ernment. &uran(it said that he beli"es that the constitution should be abo"e %artisan outloo). -oreo"er it can be said that the "er# idea of <Careta)er Bo"ernment= is rooted with the drafting histor# of our constitution. 0ut his %ro%osal was not granted b# the assembl#. 510 +:7. 102 we should also not forget that the election was held under the . 102. The %roblems and e$%ections of 19239 has been changed. 9"en the 2 %oint was not deemed to be enough b# the %eo%le in 1929+ the# then added : more %oints. Theinterests of student and other classes are not %rotected in this document+ he said. The reason for this is some %olitical %arties are %ro%osing that this constituent assembl# does not ha"e the (urisdiction to draft this constitution. 'e %ro%osed that after the commencing da# of the new constitution the then cabinet of minister should be deemed to ha"e ceased e$ist. Bu%ta argued that the forth schedule 5Article 1:07 was in e"er# res%ect undemocratic. . 3 .