Most constitutional amendments made for political, personal gains: Experts

The constitution provides for the fundamental rights of citizens including freedom of speech and expression, but there is no oversight on the part of the state to monitor how many of these rights are actually being ensured, said constitutional experts at an event. 

Through repeated haphazard amendments, the state has deviated from the aspirations with which the constitution was first formulated in 1972 following the Liberation War as most constitutional amendments were made for either political or personal gains, they said at a discussion at RC Majumdar Arts Auditorium of Dhaka University on Saturday. 

Bangladesh Legal Aid and Services Trust (BLAST) and Banglar Pathshala Foundation organised the event on the occasion of the 50th anniversary of the constitution of Bangladesh.

Although the constitution upholds the rights of citizens on paper, their implementation has not been possible, they said, strongly recommending the establishment of an "ombudsman".

Krishna Debnath, former justice of the Appellate Division, said, "The constitution has been mutilated by many amendments. Were they actually necessary? It was done for political necessity and personal reasons. Who will take responsibility for this?"

The responsibility lies with the parliamentarians, the intellectuals and the civil society, he said. 

The Supreme Court is the guardian of the constitution and it should guard the constitution. The apex court should not act as a guardian of any government or fulfil the desires of any individual, the former justice said. 

Criticising the addition of Articles 7 (a) and 7 (b) in the fifteenth amendment to the constitution, constitutional expert Dr Shahdeen Malik said, "Article 7 (a) states that if any article of the constitution is tried to be altered then it will be considered as a crime of sedition. Moreover, Article 7 (b) mentions that some basic articles of the constitution cannot be changed."

"According to 7(b), the provisions of the fundamental rights of citizens cannot be changed. So if someone wants every citizen to have the right to education up to the 8th grade, then how will it be done," he said.

Tasmima Hossain, the editor of The Daily Ittefaq, said although the constitution states the freedom of expression of the citizens, the implementation of this provision has been blocked by the enactment of the Digital Security Act.

Former governor of the Bangladesh Bank Dr Atiur Rahman said, "The constitution clearly states the fundamental rights of citizens but there is no "ombudsman" to monitor whether it is being implemented or not."

While presenting the keynote at the event, Supreme Court lawyer Dr Qazi Zahed Iqbal proffered the early history of the constitution. 

Citing the amendment to the constitution due to personal reasons, he said, "During Ershad's regime, amendments were brought to the constitution to make Barrister Maudud Ahmed the deputy prime minister and to allow former president Abdus Sattar to vie polls."

High Court Judge Justice Naima Haider, Barrister Sara Hossain, and Director of the Gender, Justice and Diversity (GJD) Nobonita Chowdhury also participated in the discussion.