Law students' thoughts on the constitution

Former Prime Minister Sheikh Hasina was forced to flee the country in a mass uprising by students on August 5. One of the reasons for the downfall of the Awami government is the people's anger against their autocracy. It is believed that the constitution was the main tool of autocracy. Therefore, the long-awaited demand of the students to the interim government is to reform or rewrite the constitution. MoreNews Campus Correspondent Tanim Tanveer highlights what Islamic University Law students think about the Constitution.

When talking about the Constitution, the first thing that comes to mind is the Constitution of the United States of America. The 7-Article Constitution has required only 27 amendments in 237 years. The concise and stable Constitution has always played a distinctive role in establishing the civil or democratic rights of Americans. If we talk about Bangladesh, first of all, we have to say that along with municipal and political rights, economic, social and cultural rights of citizens should be recognized and implemented through the constitution. Besides, there should be a way to amend it, so that the constitution or any part of it can be amended as needed. If we talk about the current "new constitution or reform of the constitution" - then first of all we have to talk about the fifteenth amendment. The Fifteenth Amendment made almost one-third of the Constitution unamendable, and tampering with those parts during its existence would amount to treason. In that case, consideration should be given to formulating a new constitution through the formation of the Constituent Assembly. In this regard, the active participation of constitutional experts, public representatives and representatives of the Judiciary as well as the participation of representatives of various political parties must be ensured. Finally, I would call for a judicious and welfare-oriented constitution, which would pave the way for a prosperous and equitable state through protection of human rights, state sovereignty, constitutional balance, flexibility and relevance and inclusive development.

Majbaul Alam
Department of Law

Constitution is the summation of a country's history, traditions, people's way of life, aspirations and national character. The 1972 constitution has been amended 17 times by political parties to serve their political interests. There is no telling how the previous Awami government became a dictatorship. We have not yet achieved the freedom that we got in the sacrifice of the great liberation war of 1971. We are gaining independence for the second time through the mass upheaval of 24.
72 Constitution through 17 amendments
It has lost its originality. So rewriting the constitution to protect this freedom is the best demand of the hour. The principle of equality, human dignity and justice will be the main basis of the proposed constitution, containing the tradition, culture and spirit of the liberation war of the Bengali nation. By rewriting the constitution we want a constitution that does not allow any ruler to become a dictator. The main objective of the constitution will be the complete independence of the judiciary and establishment of justice. Where the constitution will ensure a bicameral and presidential system of government. Establishing ombudsman to ensure accountability of each government ministry and ensure good governance. That the Constitution will guarantee fundamental and human rights by establishing the rule of law. It will ensure freedom from the scourge of bribery and corruption, smuggling of national resources, terrorism-money laundering and drug addiction in public institutions.

Mishuk Shahriar
Al Fiqh and Legal Studies

In this situation of the country, the state is being run according to what grand norm (Grand norm)? In the light of the constitution of 72 or through the action after the revolution? This has created a state of flux.
For example, the President is conducting his functions according to the Constitution, while the Constitution Drafting Committee, Interim Government is being conducted in an extra-constitutional manner.

In order to change the structure of the state and establish the constitution as a true reflection of the absolute aspirations of the people, reform is more logical and timely than rewriting the current constitution. Because, the constitution of Bangladesh has structural authenticity and acceptability. Because, through constitutional boring, the well-established and acceptable constitutional provisions of various states have been placed in the current constitution, in those states, as a result of the implementation of the state structure, the responsibilities, responsibilities and rights and duties of the people have been ensured. Which can also bring good results for our state.
The basic objective of constitutional reform is structural reform of the state. One of his main tasks is the political abuse of various provisions of the constitution, constitutional institutions and state organs by the previous government. So now we have to make sure that no one else can do it. The expected constitution should not be a tool to suppress anyone. It is hoped that it will manifest itself as the absolute and true expression of our intention.

Mustafizur Rahman
Al Fiqh and Legal Studies

The proverb “Who goes to Lanka becomes Ravana” is very relevant in relation to the Constitution of Bangladesh. In independent Bangladesh we were gifted with an improved constitution with all but 1/2 of the provisions (ie: Article 70) for the People's Republic of Bangladesh passed by the Constituent Assembly on 4th November 1974. A constitutional system of government was established and elements of complete independence of the judiciary were ensured. But regrettably, no sooner had the Constitution passed than the constitution was aborted as a fit for the new republic by amending it against the will of the people by providing for emergency provisions, preventive detention laws and the power to legislate against fundamental rights. Through various amendments, scissors were made in such a way that the constitution has now become the worst constitution in the world. As a result, this constitution has so far given rise to rulers only in the form of Ravana. Even in 53 years of independence, the people have not become the real sovereign power of the republic. Therefore, in this new Bangladesh after the July coup, we want a constitution (whether amended, reformed or rewritten) that protects the people's fundamental rights, voting rights and freedom of speech and prevents the birth of a dictator.

Mahmudul Hasan Jihadi
Law and Land Management

Bangladesh is an independent sovereign state. where Constitution is the embodiment of the Bengali nation. Constitution is the driving force for the protection and prosperity of the country. Constitution plays an important role in shaping the secure future of the people. Therefore, the constitution should be framed or amended in such a way that the sovereignty, nationhood and independence of the country is maintained. The constitution will contain fundamental and human rights, including rights and responsibilities of citizens. There will be specific policies and clear provisions for economic development and poverty alleviation. The constitution should have clear instructions to maintain the sovereignty and internal peace and order of the country and also to ensure that no one can politically use the constitution for their own interests and also have provisions for punishment. The Constitution shall be the basis of the law and administration of the country which shall give primacy to the will of the people and shall enshrine the right of the people to vote and elect through fair and impartial non-partisan government. All kinds of injustice and discrimination should be removed and the rule of law should be established. The Law Department, Judiciary and Executive Department will function completely independently. Mechanisms and powers must be decentralized to ensure full independence of the judiciary. Arrangements should be made to ensure appointment, tenure, removal rules, jurisdiction and accountability of all important posts including Prime Minister, President, Speaker. The Constitution will be a dynamic document. It should be adaptable to meet the changing society, new needs and challenges.
But it should reflect the will of the people and there should be no abuse and the Constitution shall not be amended or changed for personal or party interests. A new constitution should be drafted considering the future.

Md. Rashed Islam
Law and Land Management