Bangladesh Attorney General calls for radical changes in Constitution

The Attorney General of Bangladesh, Mohammad Asaduzzaman called for substantial amendments to the Constitution of Bangladesh and suggested the removal of key terms from it, United News of Bangladesh (UNB) reported.

Asaduzzaman suggested the removal of key provisions such as socialism, Bengali nationalism, secularism, and the designation of Bangabandhu Sheikh Mujibur Rahman as "Father of the Nation", according to UNB.

The remarks were made during the fifth day of hearings at the High Court on the legality of Bangladesh's 15th Constitutional Amendment.

Addressing Article 8 of the Constitution, Asaduzzaman argued that socialism and secularism do not reflect the realities of a nation where 90% of the population is Muslim.

 

He advocated for reinstating the original phrasing, which emphasised unwavering faith in Allah. He also questioned the relevance of Bengali nationalism in Article 9, calling it inconsistent with modern democratic principles, UNB reported.

As per the Dhaka Tribune, the 15th Amendment, which was passed in Bangladesh's Parliament on June 30, 2011, recognized Sheikh Mujibur Rahman as the Father of the Nation abolished the caretaker government system, and increased the reserved seats for women in Parliament from 45 to 50.

Asaduzzaman argued that these changes would align the constitution with the country's democratic and historical ethos.

He also made a call to reinstate provisions for a referendum, which was abolished under the 15th Amendment.

As per UNB, after the hearing, Asaduzzaman spoke to the media and said that retaining the 15th Amendment undermines the spirit of the Liberation War, the 1990 mass uprising, and the 2024 July revolution. "The amendment betrays the sacrifices of martyrs like Abu Sayed and Mugdho," he said.

Abu Sayed and Migdho were student activists who were involved in the July 2024 protests that took place in Bangladesh.

He accused the amendment of prolonging authoritarian rule and violating constitutional supremacy. "It's a direct assault on democracy and the rule of law," he said, adding that the amendment perpetuates division among citizens and disrupts the country's political stability.

As per UNB, the Attorney General also criticised Article 6, which defines national identity through language, claiming it has fostered unnecessary divisions among citizens. He argued that no other country uses language as a basis for national identity, making this provision unique and problematic.

Speaking about other parts of the constitution, he also took issue with Articles 7(ka) and 7(kha), claiming they undermine democracy and serve authoritarian purposes. Calling for their repeal, he asserted these articles were enacted with ill intent to stifle democratic institutions, UNB reported.

The Attorney General vehemently opposed the abolition of the caretaker government system, calling it a "stab in the heart of democracy".

Asaduzzaman urged the reinstatement of referendum provisions under Article 142, arguing it was essential for restoring democratic accountability. He criticised the amendment for enabling MPs elected through "election engineering" to unilaterally eliminate this critical democratic mechanism.