



Gulam Rabbani :
The Constitution of Bangladesh was adopted by the Constituent Assembly on November 4, 1972. On the occasion of the golden jubilee of the adoption of the Constitution, the Supreme Court has organized a discussion meeting on Friday (November 4).
However, the Constitution we see after 50 years is not the Constitution of 1972, rather it has taken a form where the right of people to vote has properly been destroyed.
If a Constitution does not provide for fair and free suffrage or makes elections impossible, then that Constitution does not mean anything to people.
The Constitution of 1972 was drafted mainly by the persons who were elected during the Pakistan era for Pakistan assembly. An election was held in 1973 based on that constitution. But the constitution was not observed from the very beginning.
From the beginning, it appears that the government is holding on to power during the elections. BAKSAL was formed in 1973 in the name of ‘Second Revolution’. The Constitution was turned into a pocket Constitution by this change. When the bill was passed by the Parliament, the people had no rights left.
The power to remove Supreme Court judges went to the President’s hand. A government had been established where the Constitution had no importance. Bangabandhu became President without any election after the constitutional change.
After the amendment of the Constitution, the basis of the previous election does not exist. However, he passed the presidential system in the Parliament. Two MPs of that Parliament, General Ataul Gani Osmani and Barrister Mainul Hosein, resigned protesting the BAKSAL.
BAKSAL proposal was not approved even in the parliamentary party meeting. It was finally said that Bangabandhu’s decision was everything.
Khandaker Mushtaque Ahmed and Major General Ziaur Rahman tried to implement the principles of the 1972 Constitution. Ziaur Rahman held an election while maintaining martial law. Many parties including Awami League participated in that election. Later, though the political government came to power, the presidential system remained.
That is, theoretically, the 1972 Constitution is there, but not in practice. There are fundamental rights and freedom of speech on paper, but not in the cause. Elections were made impossible by the Constitutional changes. So what is the benefit of having a constitution?
It is said in the amendments that the government and the Parliament will remain in power during the elections. How is that possible? The Prime Minister will remain in power even if there is a change of power after the election. So how will be a free election?
What is the value of the Constitution if there is no guarantee of a free and fair election? When the nation is facing these types of Constitutional problems, the Supreme Court has taken an initiative to celebrate the 50th anniversary of the Constitution on November 4 next. Which form of the Constitution will be celebrated by them? What is the value of the Constitution to the common people, since they are deprived of their right to vote?