'Bismillah' to be dropped from charter
Dhaka, Feb 8 (bdnews24.com)--The parliamentary special committee on constitutional amendment has recommended restoring the preamble of the 1972 constitution, meaning that "Bismillahir-Rahmanir-Rahim" will be dropped from the section.
"We have unanimously decided to restore the preamble of the 1972 constitution," Suranjit Sengupta, the committee's co-chair, told reporters after the seventh meeting at parliament building on Wednesday.
With the replacement of the present preamble with the 1972 one, "Bismillah-Ar-Rahman-Ar-Rahim", "In the name of Allah, the beneficent, the Merciful" and "pledging that the high ideals of absolute trust and faith in the Almighty Allah" will go.
BNP's founder Gen Ziaur Rahman, in Nov 1977, through a military proclamation amended the 1972 constitution and inserted the aforesaid terms in the preamble of the constitution. Zia also wrote "the war for national independence" instead of "national struggle" in the second paragraph of the preamble.
According to the guidelines of the constitution, only a two-third majority in parliament can amend the highest charter. Zia's proclamation was inserted in the constitution by the BNP-led second parliament in April 1979.
This insertion is known as Fifth Amendment, which changed the secular character of the 1972 constitution.
The Awami League had opposed the amendment. The Supreme Court in 2010 finally declared the Fifth Amendment illegal and asked the government to delete the words added to the constitution.
Sengupta told reporters that law minister had assured the committee members of providing reprinted copy of the 1972 constitution on Feb 15. The co-chair said the committee would examine every Article of the reprinted constitution and make its recommendations to the government with a view to introducing the 15th constitution amendment bill.
"We have unanimously decided to restore the preamble of the 1972 constitution," Suranjit Sengupta, the committee's co-chair, told reporters after the seventh meeting at parliament building on Wednesday.
With the replacement of the present preamble with the 1972 one, "Bismillah-Ar-Rahman-Ar-Rahim", "In the name of Allah, the beneficent, the Merciful" and "pledging that the high ideals of absolute trust and faith in the Almighty Allah" will go.
BNP's founder Gen Ziaur Rahman, in Nov 1977, through a military proclamation amended the 1972 constitution and inserted the aforesaid terms in the preamble of the constitution. Zia also wrote "the war for national independence" instead of "national struggle" in the second paragraph of the preamble.
According to the guidelines of the constitution, only a two-third majority in parliament can amend the highest charter. Zia's proclamation was inserted in the constitution by the BNP-led second parliament in April 1979.
This insertion is known as Fifth Amendment, which changed the secular character of the 1972 constitution.
The Awami League had opposed the amendment. The Supreme Court in 2010 finally declared the Fifth Amendment illegal and asked the government to delete the words added to the constitution.
Sengupta told reporters that law minister had assured the committee members of providing reprinted copy of the 1972 constitution on Feb 15. The co-chair said the committee would examine every Article of the reprinted constitution and make its recommendations to the government with a view to introducing the 15th constitution amendment bill.
"We will try to get the constitution amendment bill passed in the current session of parliament (which will end on April 10)," said Sengupta, adding that only the parliament is empowered to amend the constitution. He said the reprinted constitution would be considered as a "case law", which meant that the provisions of the fifth amendment declared illegal by the Supreme Court would not be enforceable.
During the BNP's regime in 2005, the High Court declared the Fifth Amendment illegal, but the highest court stayed the same following a government appeal.
The Supreme Court in 2010 finally gave its verdicts, declaring Zia's military rule and the fifth amendment illegal. The court also asked the government to restore the constitution that existed before the amendment. Parliament on July 21 last year formed a 15-member committee to restore the 1972 constitution as per the directives of the highest court.
But controversy arose over the authority of the special committee on restoring the original constitution. The government agreed to reprint the 1972 constitution in line with the Supreme Court directives as the chief justice ruled that the court verdict would automatically replace the original constitution.
The special committee, headed by Syeda Sajeda Chowdhury, also recommended reprinting the 1972 constitution in line with the court verdict.
During the BNP's regime in 2005, the High Court declared the Fifth Amendment illegal, but the highest court stayed the same following a government appeal.
The Supreme Court in 2010 finally gave its verdicts, declaring Zia's military rule and the fifth amendment illegal. The court also asked the government to restore the constitution that existed before the amendment. Parliament on July 21 last year formed a 15-member committee to restore the 1972 constitution as per the directives of the highest court.
But controversy arose over the authority of the special committee on restoring the original constitution. The government agreed to reprint the 1972 constitution in line with the Supreme Court directives as the chief justice ruled that the court verdict would automatically replace the original constitution.
The special committee, headed by Syeda Sajeda Chowdhury, also recommended reprinting the 1972 constitution in line with the court verdict.
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