Declaration of Independence, Recommendation to Cancel March 7 Speech!

Reform Commission proposes to delete Article 152(2) of the Constitution
The Constitution Reform Commission has recommended the deletion of Article 152(2) added to the Constitution through the 15th Amendment proposed by the Awami League in 2011. Through this article, the March 7 speech in the Fifth Schedule, Bangabandhu Sheikh Mujibur Rahman's Declaration of Independence in the Sixth Schedule, and the Mujibnagar Government's Declaration of Independence in the Seventh Schedule were made part of the Constitution. The commission has proposed not to keep these three schedules, which were added during the Sheikh Hasina government, in the Constitution.

Last Saturday, the Constitution Reform Commission, led by Professor Ali Riaz, submitted a full report to Chief Advisor Dr. Muhammad Yunus. A summary of this proposal was submitted on January 15.

The Reform Commission has recommended 64 amendments and changes out of the 153 articles of the Constitution. The proposal to amend the preamble to the constitution has also been recommended, where it has been said to make the 2024 student uprising a part of the preamble, preserving the continuity of 1971. In addition, four new articles have been proposed to be added.

However, the report does not provide clear guidelines on the method of reforming the constitution. According to the existing provisions, the constitution cannot be amended without a two-thirds majority in parliament. Sheikh Hasina's government made a large part of the constitution preserveable as a basic structure through the Fifteenth Amendment. However, the court declared this part invalid in a ruling on the validity of the Fifteenth Amendment. As a result, it is possible to implement the commission's recommendations through a two-thirds majority, but it is not possible before the next parliamentary elections.

Article 150 of the constitution is related to 'transitional and temporary provisions'. This included the temporary constitutional orders, presidential orders, and other provisions from the day of independence on March 26, 1971 until the constitution came into force on December 16, 1972. In 2011, the Awami League government added Article 150(2), which several parties, including the BNP and Jamaat-e-Islami, have demanded to be abolished. The BNP considers this amendment to be tantamount to denying the transitional period of independent Bangladesh.

According to the BNP, the party's founder Ziaur Rahman is the proclaimer of independence. However, the Awami League rejects this and argues that Sheikh Mujibur Rahman declared independence before being arrested by the Pakistan army on the night of March 25, 1971. The Awami League cites news published in 1971 from several countries, including India and the United States, as evidence to support this claim.

However, many, including Mukti Bahini deputy chief AK Khandaker, have rejected this claim. According to them, they were not aware of any such declaration in 1971 and such information did not come to light even during the lifetime of Sheikh Mujibur Rahman. This claim was first brought forward after Sheikh Hasina came to power in 1996. However, the High Court has recognized Bangabandhu as the proclaimer of independence.

The reform commission has also recommended the power to impeach judges. This power was in the hands of parliament in the 1972 constitution. It was vested in the president during the one-party rule in 1975. In 2014, the Sheikh Hasina government returned this power to parliament, but the High Court struck down the 16th Amendment. The reform commission has proposed that new rules be introduced in the process of removing judges by forming a National Constitutional Council (NCC) under the leadership of the president.

Regarding the process of reforming the constitution, commission member Firoz Ahmed said that it will be determined by the government and political parties. It has been suggested that the implementation of the commission's recommendations can be through a referendum, political consensus or a decision by the next parliament.