Article 70 (1) Constitution of Bangladesh: Some observations.

Constitution of Bangladesh more or less is good constitution in the world no doubt. But some articles’ which are very controversial in that sense these are not coincide in the fabric of democracy.Our constitution itself proclaim that in article 11, The Republic shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person shall be guaranteed, and in which effective participation by the people through their elected representatives in administration at all levels shall be ensured


On the other hand, if we want to see the article 39,(1) Freedom or thought and conscience is guaranteed. Unfortunately it is very regret for us when we see the article 70(1) which states that, A person elected as a member of Parliament at an election at which he was nominated as a candidate by a political party shall vacate his seat if he resigns from that party or votes in Parliament against the party.
Explanation. - If a member of Parliament- (a) being present in Parliament abstains from voting, or (b) absents himself from any sitting of Parliament, ignoring the direction of the party which nominated him at the election as a candidate not to do so, he shall be deemed to have voted against that party.

What does it mean? We know in the parliamentary democracy, Parliament is the key place where debate takes place that means different opinions come from the Member of Parliament. They have right to oppose anything which may not serve the countries people interest. They have the right to abstain from voting when they want .If they do not maintain the 70(1) provision, shall vacant seat? If this so, it is not democracy.

But one thing is very important and this is my observation that, this article should be amended in such a way where member of parliament should have the right to oppose/support or abstain from voting any Bill except the impeachment situation and the Bill of Budget.

If we were the part of Pakistan: What would be happened?

At first, I want to gratitude those persons who sacrificed their lived to bring the independence in 1971 against the Pakistani brutal force. The situations which we have seen today in Pakistan, there is no need to describe. I think Pakistan is a totally funny state because they take money from United States to fight the terrorists at the same time they patronize the terrorist group. On the others hand, Pakistani people don’t want to see the United States presence in their country but they are very eager to go to United States.
It is hard to imagine Pakistani police or military did not know anything what was going on in Abotabad where not only Laden but his relatives are also living very comfortably .It is very interesting to see that after killing the Laden America announced that with the help Pakistani intelligence we killed Laden. But Pakistan denied this statement. Because of the fear of terrorist group .If this so, but why Pakistan has taken money from the United States?
We see, everyday bombing incidents has been happening in Pakistan. A few days ago a governor was killed by the hand of his own bodyguard .Bodyguard killed him because governor was trying to speak against the Blasphemy laws. How funny states it is!
Communal violence is a very common phenomenon in Pakistan .But if we see in Bangladesh; we are living in such a peaceful condition where everything is going on peacefully.
Pakistan can learn from Bangladesh many good examples. But one thing we have to learn from Pakistan, What happen to patronize the terrorists or extremist. Because some political party in our country always did in the past even now they try to patronize the extremist or terrorist group.
On the others hand, Real democracy is far cry to Pakistan. Although we see the democratic government but it is hard to imaging who operated the state, is it Military or prime minister.
Fortunately, we were separated in 1971 with a bloodshed war otherwise we are facing now trouble situation which as like as Pakistan`s people feces today. We are again grateful to those who sacrificed their life to bring the independence.

Killing of Osama Bin Laden: Situation of Pakistan

Osama Bin Laden has been killed by American force who was the leader of Al- quada.It has been said that Osama was the main culprit who was the responsible to 9/11 attacked. Immediately after the attacked, America announced “War on terror” or “Pre-emptive attacked” Which means that before attacking the enemy, Enemy must be killed by the American force. The main argument of “War on terror” is that to destroy the Osama and his terrorist group of Al quada.

In 2001, Taliban was in power in Afghanistan. It has been said by the America that Taliban was the responsible to shelter the Al quada.For this reason, Bush administration attacked the Taliban government and withdrawn them and to establish a puppet government. From that time, a lot of civilized population has been killed by American and NATO forces. But until may 2,2011 they did not find the Osama. If really Osama is died, we cannot say,Alkaida activities has stopped now. We know, we the died of leader, Ideology cannot be died. It seems to me the way they did the work in the past after the died of Osama their subversive activities are going on more rapidly. Because they are very much vindictive.


But the matter which is very important is that, Laden was found in such a fortified area where cantonment of Pakistan is very close from that area. The question which is automatically raise is that, Pakistan is a long ally of United States.With Pakistan,America wanted to fight the terrorists. That`s why, every year America provide Pakistan 1 billion dollar. The crux matter is that Laden has been killed in Abortobad which is very close to Pakistan`s cantonment.

Now Pakistan has faced multidimensional problems both inside and outside of the country. America believes that Pakistan is the “safe haven” to the terrorist and in this regard they shelter the laden. On the other hand,Al-kaida announces,Pakistan is the responsible to kill the Laden at the same time they warned the Pakistani government to revenge of Laden killing. But Pakistan denied both of the allegations. But it is hard to imaging military or intelligence force did not know anything what was going on? Another big question which automatically rise is that whether Pakistan sovereign or not. If sovereign, how America crossed the border without the permission of Pakistani government? Is it not the clear violation of Sovereignty?


Whatever the above situation, what patterns may be occurred the relationship between the America and Pakistan after killing the Laden in Pakistani soil .It seems to me that, America had little bit doubt about Pakistan, If this not why America without any prior information to the Pakistani army attacked the Laden cross the Geographical boundary of Pakistan .It is no doubt, America needs Pakistan to fight the Taliban because of geographical Location of Pakistan.

But at the same time, we cannot say that Pakistan is totally irresponsible to fight the terrorist. Until now 30 thousand people were died of Pakistan. But we can be said that some people who always tried to patronize the terrorist group, it may within the army or within the government. I think it is the nature of the Pakistan state. From my personal point of view it can be said that relationship between the Pakistan and the United states Still to be continue as it earlier.

If they truly want to destroy the terrorist activities, they have to take pragmatic steps without playing “Blame game “ which is very important to implement peace in this region. Following policy should be taken to establish peace.

 We know that, Pakistan have 1500000 military force. A big amountof money which is expensed to bear the military activities rather than general people. It has been said that, Pakistan has numbers of Madrassas which are the responsible to create extremists because the way learning presses is going on which is questionable. So education process should be changed dramatically.
 Modern educational institutions should be establish so that they can learn what should be done or not.

 Electrification Barrack and organize in such a way where they have no role in politics. The only work for them is to protect the sovereignty.
 Development process should be taken up at the bottom level. Trust building is very important to fight the terrorist so government has to do their activities in such a way where people seems that, yes government really keen to do something for them.


 should be expanding in a remote village.
 Infrastructural situation should be improved.
 The thing which is very important is that, military should be in

Educational Institution of Bangladesh and government failure.

In the last week, wrote about “Bangladesh collage of leather Engineering and technology (BCLET), Taking a hide,”by MH kawsar. It is totally unexpected and undesirable the way (BCLET) is going on.I want to thank MH kawsar who have done creative work which indicates that, Government unwillingness to do something regarding the (BCLET).It seems to me that ,This is something which is happening almost every educational institution in our country. It is such an example which indicates that where we are regarding the educational sectores.
According to the writer “ In 2009-2010 Bangladesh made $401.64 million export earnings from the leather sectors “.So it is easy to unders tant on the basis of common sense that how leather industry sectors contributes to our national economy?. BCLET is such an institution which provide quality students to improving the sectors .It is difficult question to answer, if this situation is to be continued the way writers presented his report how BCLET provide quality students. It seems to me that we are very unfortunate nation in that sense we are accustomed to do something which creates anarchic atmosphere .Not only this institutions, every government sectors are volatile situation now. The present incumbent government came into power in response to its offering “A Charter for Change “and “Digital Bangladesh” .But the way they are going on which is questionable. Yes, we see the change but negative change is happing. It also seems to me that ,they are going back to the “Analogue Bangladesh” .So my opinion in this aspect is that the present government has come to power with popular mandate .So there is no time to waste time .It is high to do something which indicates that ,yes we are going to be a “Digital Bangladesh

Constitution of Bangladesh: Violation at the top level

What we expected to see but what we see
What we expected to hear but what we hear
What we expected to think but what we think
What we expected to talk but what we talk
Not without reason, Constitution is the supreme law in state. Our constitution itself proclaim that in article 7(2) “This Constitution is, as the solemn expression of the will of the people, the supreme law Of the Republic, and if any other law is inconsistent with this Constitution and other law Shall, to the extent of the inconsistency, be void”. It is no doubt that, depending on the constitutional order all activities must be done at the same time all laws should be formulated to the consistency with the constitution. As citizens, we must maintain the rules and regulations which are incorporated in constitution. If we want to see the preamble of the constitution we see, “Affirming that it is our sacred duty to safeguard, protect and defend this Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh so that we may prosper in freedom and may make our full contribution towards international peace and co-operation in keeping with the progressive aspirations of mankind;”That means this article indicates that by any means State has the duty to safeguard, protect and defend this Constitution and maintain its supremacy so that we may prosper in freedom and may make our full contribution towards international peace and co-operation in keeping with the progressive aspirations of mankind. Not only that another article11 indicates that “The Republic shall be a democracy in which fundamental human rights and freedoms and Respect for the dignity and worth of the human person shall be guaranteed, and in which effective participation by the people through their elected representatives in administration at all levels shall be ensured”. But what we see in the top level of government, when they violate the rules and regulations where the general people will go? Now I will discuss what constitution has said and what government does.


First, if we see the article 145A. “All treaties with foreign countries shall be submitted to the President, who shall cause them to be laid before Parliament: Provided that any such treaty connected with national security shall be laid in a secret session of Parliament “We know from somewhere that Bangladesh government and Indian government involve some agreements and treaties but none of the treaties and agreements have yet been placed in parliament, is it not the violation our constitution?

Second, we know we have a article 77 of constitution tells that (1) Parliament may, by law, provide for the establishment of the office of Ombudsman.(2) The Ombudsman shall exercise such powers and perform such functions as Parliament may, by law, determine, including the power to investigate any action taken by a Ministry, a public officer or a statutory public authority. (3) The Ombudsman shall prepare an annual report concerning the discharge of his functions, and such report shall be laid before Parliament”. But is a very regret that No one government did not take any initiative since the independence except in 1980 parliament has passed a provision but it was yet light into force. Now automatically raise questions that, if we do not do anything regarding this article 77 but why we incorporated it in our constitution.


Third, if we see the article 49 “The President shall have power to grant pardons, reprieves and respites and to remit, suspend or commute any sentence passed by any court, tribunal or other authority”. It is very important to note here that the term which we see in the article 49 “any sentence passed by any court, tribunal or other authority “it means that after finishing their trial not before trial. But what we see a few months ago somebody has been released without finishing their trial. How can the president pardon a prime murder accused or suspect whose trial has not been commenced or finished yet.


Forth, if we see the article 30 “, No citizen shall, without the prior approval of the President, accept any title, honor, award or decoration from any foreign state”. It is very relevant to not here, our prime minister and others prominent persons got very valuable award in outside the country. But we did not see any news about the prior approval of the president.


Fifth, if we see the article 36. Subject to any reasonable restrictions imposed by law in the public interest, every citizen shall have the right to move freely throughout Bangladesh, to reside and settle in any place Therein and to leave and re-enter Bangladesh”. But who will define what public interest is? Because of such loopholes this article has been used politically.


Sixth, another article31 which is very important to safeguard people rights “To enjoy the protection of the law, and to be treated in accordance with law, and only in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law”. But what we see in few days ago, when family of Limon hossian went to the police station to file the case against RAB than police refused to file the case. This is the single example. This is something which is happening almost everywhere in our country.


Seventh, if we see the article 25(1)(b) uphold the right of every people freely to determine and build up its own social, economic and political system by ways and means of its own free choice; and support oppressed peoples throughout the world waging a just struggle against imperialism, colonialism or racialism. But if we analysis the history we have to see that government cannot do anything which is against their interest. We know that Iraqi people, South Vietnam, Kosovo, Syria people were struggling against the oppressive and suppressive. But Bangladesh was always remaining silent in this regard.


Eight, if we see the article 17(a)”The State shall adopt effective measures for the purpose of - (a) establishing a uniform, mass-oriented and universal system of education and extending free and compulsory education to all children to such stage as may be determined by law “But what we see in our country is totally different picture.



Ninth, if we want t see article 22 of our constitution “The State shall ensure the separation of the judiciary from the executive organs of the State.”It is very important to understand that, since after the independence on one political party did not take any initiative to separate the judiciary from the executive organs of the state. Although 2007 formally judicial system has been separated but the way it has been going on, we cannot say judicial system are totally independent from the executive organs of the states. Because we know that, according to the article 95 (1) “The Chief Justice and other Judges shall be appointed by the President.”The point here is that, as we know according to the 48(1) “there shall be a President of Bangladesh who shall be elected by members of Parliament in accordance with law.”So it is easy to understand on the basis of common sense, how president will work. So it has the possibility to appoint the judges politically.

Tenth, if we want see the article 23 “The State shall adopt measures to conserve the cultural traditions and heritage of the people, and so to foster and improve the national language, literature and the arts that all sections of the people are afforded the opportunity to contribute towards and to participate in the enrichment of the national culture.”But it is remain only n paper, but practical picture is very different. We know that CHT is such an area where indigenous people are living in their own way. They have a distinct culture, language, religious .But we know our constitution has failed to recognized them. On the other hand if we want to see article 2(A). “The state religion of the Republic is Islam, but other religions may be practiced in peace and harmony in the Republic” This is good sign. Unfortunately, if we want to see the article 3. “The state language of the Republic is Bangla.”Here very important point is that, “Other language should be used in everywhere in our country” should be added in our constitution.


From the above discussion we can say, the situation which is prevailing in our country is not acceptable at all. So we should be very careful to maintain the constitutional order otherwise we have to face disastrous condition.