The Constitution Reform Commission has recommended dropping secularism, socialism and nationalism from the Constitution as the fundamental principles of the Constitution.
“The Commission recommends deletion of secularism, socialism and nationalism as fundamental principles of the Constitution and the fundamental principles of State Policy, and accordingly recommends the deletion of Articles 8, 9, 10 and 12 of the Constitution,” said a report of the Commission.
The Commission constituted in September last, led by Prof Ali Riaz submitted its report to Chief Adviser Prof Muhammad Yunus on January 15. A summary of the recommendations has also been published on the commission's website.
About the fundamental rights and freedoms, the Commission made the following recommendations-
1. The Commission has reviewed the articles related to rights in the current Constitution and has made several recommendations. It is recommended that a single charter, entitled ‘Fundamental Rights and Freedoms’, be set out in the Constitution by combining the rights in Parts II and III of the existing Constitution and that all of the rights be judicially enforceable.
2. This will remove the existing disparity between economic, social, cultural rights on the one hand and civil and political rights on the other. Right should not be limited to the rights to food, education, medical care and housing. The Commission suggested inclusion of new rights i.e. access to the Internet, access to information, voting and participation in the governance of the state, protection of privacy, consumer protection, development and science and the rights of children and the future generations.
3. The Commission has suggested that some existing articles be reformed, such as expanding the limited list of prohibitions on discrimination, ensuring protection from extrajudicial killings and disappearances to protect the right to life, including the right to bail and abolishing the provisions related to preventive detention.
4. Instead of imposing separate limits for each fundamental right, it has been proposed that a general limitation clause be set out and a balancing and proportionality test be included in imposing limits, which will reduce the risk of rights being curtailed by the State.
5. It has been recommended that the rights (education, health, food, housing, etc.) that require significant resources and time to implement should be implemented on the basis of availability of resources, with a commitment for progressive realization. This approach will enhance government’s accountability and ensure implementation of the rights in line with the availability of resources.
The fascist Awami League (AL) government had dislodged in face of the student-people mass uprising on August 5 last after over 15 years of misrule. Then Prime Minister Sheikh Hasina fled the country after tendering her resignation. The Interim government had formed on August 8.
As part of the state reform, the interim government chief Prof Muhammad Yunus in his televised speech for the nation on September 11, announced to form several commissions including Constitution Reform Commission, Electoral Reform Commission, Judiciary Reform Commission, Public Administration Reform Commission, Police Reform Commission and Anti-Corruption Reform Commission,
As part of the move, the government on October 7 formed the Constitution Reform Commission led by Prof Ali Riaz.
Source: BSS
Bd-pratidin English/Lutful Hoque
