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.