Asif Nazrul: No quick path to new constitution

NN Online:

Law Adviser Asif Nazrul has cautioned that drafting a new constitution could be a prolonged process, potentially taking several years to complete.

Speaking at a discussion held at the International Mother Language Institute in Dhaka on Sunday, Nazrul explained that constitution-making typically involves a national parliament or a constituent assembly, and the process is often lengthy.

“In neighbouring countries, we have seen it take eight to nine years to finalize a new constitution,” he said. “So it may take a long time for us as well.”

Until a new constitution is formulated, Nazrul said the current parliament will continue to function as the constitutional authority.

“During the interim period, the existing parliament will serve as the custodian of the constitution. It will be responsible for making necessary amendments to the 1972 constitution,” he added.

Nazrul estimated that the drafting process, once initiated by the constituent assembly, could span two to three years. He raised concerns about potential amendments during this transitional phase.

“Will I accept the 1972 constitution during those years? While MPs function in that interim period, they may attempt to modify some core elements—such as the prime minister’s powers, Article 17, decentralization of the judiciary, and ensuring judicial independence,” he noted.

Addressing the much-discussed July Charter, Nazrul commented: “Too much emphasis is being placed on it. We’re assuming everyone agrees on all its points. Perhaps some of its fundamental features can be retained.”

Regarding the proposed two-term limit for prime ministers, he said, “It’s a popular demand and I support it. But simply suggesting it isn’t enough—we need a strong justification. No major democracies like India or the UK impose such limits. The real issue is not the number of terms but curbing the excessive powers of the prime minister.”

On the question of the upper house’s authority, Nazrul stated that under the Bangladesh constitution, the president could independently appoint the chief justice, who wields considerable influence.

“The chief justice holds immense power—effectively making him the second most powerful figure in the country,” he concluded.