Suranjit’s objections to the 1972 Constitution and the debate over recasting

When the Constitution of Bangladesh was drafted in 1972, Suranjit Sengupta, the youngest member of the committee tasked with the drafting process, had said, “The inclusion of these principles (the four fundamental principles) in our Constitution appears to have been influenced by the Indian Constitution.” Constitution, which was itself modeled on the 1956 constitutions of Ireland and Pakistan. But I don’t think we are obliged to include them in ours just because such provisions exist elsewhere. He had expressed his criticism of the four fundamental principles during discussions in the Constituent Assembly.

After Bangladesh’s independence in 1971, a 34-member committee headed by prominent lawyer Dr. Kamal Hossain was formed to draft the constitution of the new country. Six members of this committee (including Sengupta) submitted dissenting opinions on various constitutional issues that reflected their progressive thinking.

As debates about rewriting or making major changes to the country’s constitution have recently resurfaced, and a commission is now tasked with examining constitutional reforms, a renewed look at these early discussions could shed light on the constitution’s fundamental flaws. While the interim government does not have the power to amend the constitution, the commission can submit a report recommending changes or additions. The government formed after the next general election will have the power to implement these recommendations if it achieves a two-thirds majority in the House of Representatives.

However, some argue for a complete rewrite of the constitution, which would require a constituent assembly. Whether the interim government has the authority to call an election to form such a body remains a major question, as its advisers are required to abide by the existing constitution. So rewriting it would be an extremely complex task.

Another option is a proposal to make the constitution democratic, which all political parties participating in the election agree to. This would mean that the party that forms the next government would push through the constitutional changes through parliamentary consensus.

However, before focusing exclusively on the process of amending or rewriting the Constitution, it is important to revisit Suranjit Sengupta’s 1972 criticism.

Sengupta, a well-known lawyer, freedom fighter and later Awami League leader, voiced most of the objections to the draft constitution and opposed almost every clause. He argued that according to the socialist principle, the public is the ultimate owner of production, therefore co-ownership of resources and means of production should be enshrined as a fundamental right. He advocated an upper limit on individual wealth ownership and referred to examples from other socialist states such as the Soviet Union.

When the constitution of a country emerging from war was being written, Sengupta pushed for food, clothing and shelter to be declared fundamental rights, thereby holding the state accountable for providing these rights. He argued that a government that fails to meet the basic needs of its citizens has no right to remain in power. He called for the inclusion of economic rights and the right to education as fundamental rights.

He also sought provisions that would ensure not only the political, economic and cultural aspects, but also the overall development of ethnic minority groups – an issue that remains relevant to this day. The 15th Amendment of 2011 added a section on ethnic minorities to the constitution, to the displeasure of these communities, who wanted recognition as “Adibashi.” Therefore, the 1972 discussion on this topic now requires some consideration.

Sengupta also criticized the provision of reserved seats for women in Parliament, terming it undemocratic. He argued that this perpetuates women’s dependence rather than promoting true gender equality. He proposed replacing the provision of reserved seats with a clause guaranteeing equal rights to men and women in all walks of life.

The debate about the appointment of the Chief Election Commissioner and other election commissioners, which continues to this day, also took place in 1972. Sengupta suggested that only people who have served as judges of the Supreme Court or Supreme Court should be considered for these posts because of their crucial role in maintaining democracy. Therefore, these appointments should be made with people from the judiciary, which should be outside of political influence.

Besides Sengupta, five other members submitted dissenting opinions during the drafting process in 1972: Hafez Habibur Rahman, Asaduzzaman Khan, AK Mosharraf Hossain Akand, Abdul Muntakim Chowdhury and Dr. Khitish Chandra Mondal.

One of the most debated articles of the constitution is Article 70, which prohibits MPs from voting against their party. This article was also controversial in 1972. Hafez Habibur Rahman argued that he would turn parliament into an autocratic body controlled by party leaders and hamper parliamentarians’ freedom of expression. He proposed removing this provision, saying that MPs must first be accountable to their constituents after being elected to parliament.

The idea of ​​a bicameral parliament, recently proposed by incumbent BNP leader Tarique Rahman, was also raised in the 1972 Constituent Assembly by Hafez Habibur Rahman.

Concentration of power in the Prime Minister’s Office has long been a problem in Bangladesh. Many members of the 1972 Constituent Assembly opposed giving the Prime Minister such broad powers, while others argued that it was necessary for effective parliamentary democracy. However, no one would deny that the power imbalance between the prime minister and president has exacerbated political crises in Bangladesh over the last 53 years.

Therefore, proponents of constitutional reforms now argue for a balance between the powers of the prime minister and the president, limiting a person’s term as prime minister to two terms, impartiality of the president, and a constitutional ban on a person being prime minister, head of parliament and head of their party at the same time.

While a well-drafted constitution is essential for a democratic and humane state, it is not enough. Without reforms to the complementary legal framework and institutions, simply amending or rewriting the Constitution will not lead to the Bangladesh that many desire. It largely depends on the competence, integrity and patriotism of those who will implement reforms and govern the country in the future.

Although constitutional changes are critical, the interim government must prioritize controlling inflation, maintaining law and order, and protecting freedom of expression and media. Without addressing these issues, his reform efforts could fail and lead to further instability.

This article was first published on The Daily Star Bangla on October 7, 2024.

Amin Al Rasheed is a journalist and author.

The views expressed in this article are the author’s own.

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