LEGAL HISTORY OF CONSTITUTION OF BANGLADESH, PART 3

2.5) What do you mean by the term impact?

Impact:

The word ‘Impact’ means commonly the effective action of one thing or person upon another; the effect of such action; influence impression.1 new ton’s third law Every action has its equal and opposite reaction implies the impact of the action. i.e. the impact of the amendments.

All the amendments has impact in Legal History that’s why, 13 amendments of Bangladesh Constitution have the impacts which are important in our legal field as well as in our practical life 13 constitutional amendment’s impacts are stated here.

2.6) The impacts of the amendments in the Legal History.

Impact of 1st Amendment:

The impacts of 1st amendments are following.

  • It made a way or primary initiation in or dear to prosecute the prisoners who were liable for genocide, crime against humanity and war crimes comminuted in the liberation war of 1971.
  • The issue was negotiated according to the international law.

But unfortunately it did not give the successful fruit because of the lack of adequate and strong steps.

Impact of 2nd amendment:

The impacts of 2nd amendment are given below:

(i)       It provided the provision for the suspension of the inalienable rights i.e. fundamental rights of the citizens.

It has attacked the inalienability of human being’s rights. The word ‘inalienability’ denotes that you can not separate the inherent rights of the human being. Suspension connotes the separation of inalienable rights.

  • For the enactment of the provision of preventive detention, the state has got a type of additional power to arrest the citizens. By this power the state authority can arrest and continue torture upon any citizen. In our society we have seen some untold and bad precedent regarding preventive detention.

Impact of 3rd amendment:

This amendment had changed the geographical position and boundary line between India and Bangladesh. It solved the geo-problem of the both countries.

Impact of 4th amendment:

  • The parliamentary form of government was changed and one party dictatorial system was introduced.
  • It centralized all the powers of the state in the hand of one party i.e. one man Bangladesh Sheikh Mujibur Rahman.
  • The different top leaders of BAKSAL except Bangladesh Sheikh Mujibur Rahman abused that centralized power, they thought that they are absolute power holder.
  • This amendment empowered than and them violated any law in satisfying their interest.

Impact of 5th amendment:

(i)       This legalized and led the Military person to lake the power of the State.

(ii)      For this amendment, Military person who is not an elected representative ruled the country according to his own law.’ It suspended the constitutional sprit for the democracy.

(iii)     But this amendment restored some democratic Provisions in comparing with the 4th amendment.

Impact of sixth amendment:

(i)       This amendment enabled Sattar to contest the election without resignation from his office.

(ii)      This was done and accepted for the well purpose but not for the so-called political reason.

Impact of seventh amendment:

(i)       The coup of march 24, 1982 was legalized and the then President Hussain Muhammad Ershad got a system with all powerful dictatorial executive and a rubber stamp parliament, which in no way hampered rather it helped to the continuation of controlled democracy.

(ii)      By this amendment, the age of the Supreme Court Judges was increased and in practical he helped to continue the Martial Law.

Impact of 8th amendment:

(i)       To make Islam, as the State religion made the people to believe Hussain Muhammad Ershad. Most of people of our country are religious and that is why they were happy for giving the status of Islam as State religion.

(ii)      To make the provision for setting up six permanent Benches of the High Court Division outside Dhaka affected. Dhaka based lawyers and Judges of the Supreme Court. They were not willing to move outside Dhaka because of their family member’s Dhaka based opportunity.

Impact of 9th amendment:

This amendment, at that time sought to democratize the executive. But after the 12th amendment It has got effectiveness.

Impact of 10th amendment:

This amendment has helped some women of the elite or ruling citizens to be more rich. The ordinary women did not, don’t and probably will not be the members of Parliament. So the intention for enacting the provision of 30 women reserved seats is not for the welfare of the village women or the real backward women.

There was and is no statistics of backward women and the programme for decreasing or eliminating their backwardness.

They did not and do not discuss and have any reasonable step by which the degree of backwardness will be eliminated. They have no time based framework. After 33years of our independence, they did not do anything really for the advancement of the real backward women of the country. What has been improved by this amendment? In answering of this question, It can be told that some women who are the relative or the party based women have advanced their own lot only.

In fact, the reserved women members are called the ornament of the parliament. Here it can be quoted the statement of Golam Muhammad Quader MP. According to him the reserved women members are only the ornament of the Parliament because they have no role at the time of making any law without giving yes or no.1

Impact of 11th amendment:

This amendment made a precedent of giving retrospective effect of law, By this amendment the activities of Justice Shahabuddin Ahmed and his return to his previous position of the chief Justice of Bangladesh were legalised. This widened the flexibility of the constitution.

Impact 12th amendment:

This amendment again established the parliamentary form of government. The people of our country thought that, this form of government will rule the country very correctly. But the hope of the people has been of destroyed. The purpose parliamentary form of govt. has been failed because of other lacunas of our constitution particularly art. 70 and the centralization of all powers in the hand of execution.

Impact of 13th amendments:

Article 58C(3) provides that the President shall appoint as chief Adviser the person who among the retired Chief Justices of Bangladesh retired last…”

Here, the most important thinking word is “last”. By the word ‘last’ it has specified that the last retired. Justice would be appointed as the chief Adviser. For this opportunity the party in power can try to systemize the favorable will judge who will be the chief Adviser. This opportunity leads a party in power to violate the seniority matter.

As for example we can say the name of Justice K.M. Hasan who had been appointed by the present government in getting favoritism in the National Election. This specific way of becoming the Chief Adviser’ should be abolished in order to hold free, fair and neutral election.

Chap. 3.1:

Recommendations:

In getting free fair and neutral election the following recommendations can be considered:-

(i)       Chief Adviser would be appointed from the retired and capable Chief Justices of Bangladesh by means of lottery. The lottery will be opened.

Provided that, the capable Chief Justices will not be directly or in directly involved in the party politics.

(ii)      Each party containing member members in the parliament will propose not more than the name of 2 capable retired Chief Justices of Bangladesh. All proposed retired Chief Justices will casts their two votes in favour of two of them.

In an open meeting it will be done No Justice will cast his vote in favour of himself. The president as the Chief Adviser will appoint the Chief Justice of Bangladesh who will get the majority vote among them.

In the same way, other ten members of Non-Party Care-Taker Government will be appointed. Their all official activities will be recorded in avoiding any kind of unfair relationship. They will be bound to brief ever day’s activities every day before public at large including the journalists.

(iii)     The check and balance between the state and people should be made in each step of administration.

Conclusion:

Bangladesh constitution 1972 has some basic features for the goodness of the constitution as well as the people at large.

The aforesaid basic features including the judiciary have been contracted for the amendments of the constitution of 1972 either directly or indirectly.

The different regime based rulers amended the constitution of 1972 in protecting and increasing their own interest. They did not bother about the interest or welfare of the total population of our country. They should not amend the provisions of the constitution, which are related to their interest. The reason is that, “all the provisions of the constitution are essential and no distinction can be made between essential and non-essential feature from the point of vied of amendment unless the makers of the constitution make it expressly clear in the constitution itself”1

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