Both the ruling Awami League and the main opposition BNP have disagreed with the newly appointed Chief Justice's recent remark and asserted that only parliament has the exclusive authority to amend the Constitution.
Chief Justice ABM Khairul Haque, in his maiden remark after taking oath on Thursday, said the relevant articles of the original constitution automatically got revived through verdict of the 5th amendment and called for reprinting the constitution incorporating the changes. The spokesmen of the two largest parties from separate programmes yesterday differed from the CJ's comment.
Awami League General Secretary and LGRD Minister Syed Ashraful Islam said, "The amendment to the constitution has to come from Parliament. Allowing the judiciary to make such changes will thwart democracy."
BNP Secretary General Khandker Delwar Hossain expressed the same view saying that only the Parliament has the authority to write and amend the Constitution. No one else has the jurisdiction, he said.
Syed Ashraf was addressing a conference as the chief guest at the Institution of Engineers' in the capital organised by the Worker's Party of Bangladesh while Khandker Delwar was addressing a discussion at the National Press Club organised by the National Democratic Party (NDP).
Syed Ashraf said only the parliament has the right of bringing amendments to the constitutions. He apprehended that if the constitution is amended by the any other means, it may threaten democracy, he said. The LGRD Minister disagreed with the suggestion for reprinting the Constitution based on the Supreme Court's verdict proscribing the Fifth Amendment.
Khandker Delwar said, "Many chief justices have given various interpretations of the constitution, but they are not part of the constitution,"If any one expresses his wishes of amending constitution without Parliament, it may be a deep rooted conspiracy, he added.
Meanwhile, BNP Standing Committee member and lawmaker Salahuddin Quader Chowdhury said the CJ's remark would make the executive and the legislative inactive. Talking to the journalists at his residence in Chittagong, he said the comment will encourage unconstitutional activisms in the country. "It seems that the verdict of chief justice is all in all. The Constitution and the Parliament are no matter to him. The Parliament is threatened due his remark," he said.He also said that the newly appointed CJ by his remark showed disrespect and lack of confidence in the Parliament and opined that the all politicians should sit together to resolve the situation.
When contacted Dr Shahdeen Malik, a renowned lawyer, told the New Nation, "I do not want to make any comment on the matter because the speech is the first speech of the Chief Justice after taking charge." But he opined that there is no provision of the court to write the nation's Constitution. It is the only the right of Parliament, he said.
Mentioning about provisions of the Constitution, veteran lawyer Barrister Rafiq-ul-Haque however told The New Nation that after the Fifth Amendment verdict the relevant part of the constitution will be restored automatically.The Chief Justice's remark on the matter is logical, he opined.
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