AG seeks restoring referendum provision in constitution
During a High Court hearing on Wednesday, Attorney General Md Asaduzzaman argued in favour of reinstating the referendum provision in Article 142 of the Constitution, which was removed by the 15th Amendment.
His statement was part of the court's consideration on whether the amendment, which made substantial changes to the Constitution, should be declared invalid.
"The referendum provision in Article 142 allowed for public input on critical issues, and it was removed through the Fifteenth Amendment. This move eliminated an important mechanism for democratic participation," he argued before the bench of Justice Farah Mahbub and Justice Debashish Roy Chowdhury.
The Attorney General also criticised Article 7(b) of the amendment, sayng that it undermines democracy by embedding socialism as a constitutional principle, which he argued is not reflective of the nation's founding values.
"Democracy, not socialism, is the core principle of the Constitution. No one questions Sheikh Mujibur Rahman's contributions, yet debate surrounds his title as the Father of the Nation, which was not in the original Constitution. Including it in the Fifteenth Amendment essentially criminalises opposition and contradicts constitutional freedom," he added.
He further contended that Article 6, which identifies Bangladeshi nationality based on language, has created social divisions. "In no country is ethnicity solely defined by language," he noted.
Additionally, he questioned the need for "secularism" in Article 8, arguing that since the majority of Bangladesh's population practices Islam, the phrase "unwavering trust in Allah" should be reinstated to reflect the nation's identity.
Regarding the abolition of the caretaker government system, the Attorney General argued that this decision has had severe repercussions for the public.
"The removal of the caretaker government has destroyed the fundamental rights of the people. Retaining the Fifteenth Amendment goes against the spirit of the Liberation War and other national movements. Without repealing it, the sacrifices of martyrs will be left unrecognized," he stated.
The High Court had issued a rule on August 19, asking why the Fifteenth Amendment should not be invalidated following a writ petition filed by Dr Badiul Alam Majumder, secretary of Citizens for Good Governance.
This amendment, passed on June 30, 2011, abolished the caretaker government system, recognised Sheikh Mujibur Rahman as the Father of the Nation, and increased reserved seats for women in the National Assembly from 45 to 50.
FH/NMA
