Book Review: Constitutional Law

Bangladesher Songbidhaner Bikash, Boisishto O Bischuti
Author: Mohammod Golam Rabbani
Bangladesh Chorcha-18
Publisher: Rehana Huq
Distributor: Suborno and UPL
First publish: July 2009
Price: 100 Tk.
Cover design: Mobarak Hosen Liton


Ahead of writing this book, Golam Rabbani ongoing his expedition to write on Bangladesh Constitution by ‘Gonoprogatontri Bangladesher Songbidhan: Sohoj Path”. This paperback is his subsequent book on Constitution and he said, it is the prelude of the preceding book! He does not treat it as a sequel rather a prologue. Fascinatingly, this prelude born after the publication of Sohoj path of Songbidhan. He feels reminder to inscribe a preface of his former book for the readers. This book is the initiative of that aide memoire.

In point of fact, “Misbahuddin Khan remembering lecture-2” formulates in the book. The book is consists of principally three chapters. Development, trait & digression (Bikash, Boisishto O Bischuti) of the Constitution of People’s Republic of Bangladesh. In addition of this, there is an instigator’s explanation regarding basically on the size of the book; reasons behind writing this book, which is naturally written by J Rabbani even in his newspaper writing and a conclusion. The book is tiny in size, only 63 pages. In the speech of the author one of the reason of this, is for the handiness of the readers to clutch the book effortlessly. With the intention that they can read it repeatedly.

The opening chapter is consisting by chronological growth of Bangladesh Constitution. “Constitution is the adored wealth for every nation”, J Rabbani said in his elucidation of this writing. Hence, realization of Constitution is sine qua non (essential). In this episode, writer focuses on the historical milieu of the born of Bangladesh and its misfortune. The epoch of his discussion is four century before Christ to 4 November 1972 (when this Constitution was adopted by the parliament of independent and sovereign Bangladesh). Prior to 16 December 1971, Bangladesh was governed by Pakistan for 24 years and about 200 years by British. Earlier than this phase, we were not truly independent rather governed by different Kings and Samrats. Who were not men of this soil. Consequently, prejudice, inequity and oppression were existed forever and a day with us. Accordingly swinging was arisen in different time by the peasants, planters or by the workers. So-called leaders of this territory did not contribute to make this land free from foe. Although history was written in the name of them.

Nevertheless, Rabbani is not such a so-called history maker. He recognizes the contribution of the cultivators and workers who were fought for us. The history of this land is not written within a day or over a night, to a certain extent it relates with the blood of the infamous poor son of this land. No one give them freedom, they achieve this freedom by dedicating their life. Author mentioned glorious struggling history of Bangladesh in this chapter. He whispered the victory of British against Mughal emperor was a “Historical Accident”. In the eye of the writer if this accident not occurred then the territorial area of Bangladesh as stated in Art. 2 of the present Constitution may expand to Himalaya on north and on east Bhutan and on west Nepal.

Geographically our land is suitable for cultivation. Most of our ancestors were farmer for this particular reason. They made this land green with corn by their affection, love and merit. In that time their life mainly centered by farming and small handy craft. However, the rulers were not concern about them. They never support the worker class of Bangladesh somewhat engage to absorb their blood by diverse means. They were evicting farmers from their land whimsically. They were sowing the seed of communalism between the Hindus and the Muslims.

Instigator provides a quantity of statistics for the readers to judge against the rate of discrimination. Today’s Bangladesh constructed by sweat, labor and blood of million cultivators. A single aggrieved or an agitated village might not counted by the historian, but billion billion agitated must be counted. They first took initiatives to confer reply to the absorbent. They lead and formulate a lot of revolution, like: Komilla krishok-bidroho (1767-69), Tati-bidroho (1770-80), Chakma-bidroho (1776-87), Nil chasi-bidroho (1778-1800, 1830-48, 1859-61), Lobon chasi-bidroho (1780-1804), Rangpur krishok-bidroho (1783) Jessore-Khulna krishok-bidroho (1784-96), Sipahi-bidroho (1857), at the end of British period Tevaga krishok bidroho (1946-47), Kishorgang krishok-bidroho (1930) etc.

In this chapter author, mainly hub on assorted insurrection of Bengal, absorbance by the ruler, Hindu-Muslim sectarianism, division of India and lastly historical birth of Bangladesh by freedom fight in 1971. The history of Bangladesh Constitution will be clear from this chapter. 1972’s Constitution was written with the spirit of getting freedom from all sorts of obstacles and it was full of the reflection of wish of such rebellious farmers and workers who were fought for that freedom for themselves.

Afterward, in chapter two, writer describes features of Bangladesh Constitution. Here the writer remarked that Bangladesh Constitution is a “self-born” Constitution. Since it was not achieved by any exterior power; jingoism of the liberty fighters and expectation to be a free nation influenced to born it. He said- if individual-person enjoys real independence then its communal result turns into social independence; otherwise, social independence is an abstract concept.

What is the characteristics of Bangladesh Constitution is described in its preamble (Para 2): “Pledging that, ………..the spirit of nationalism, socialism, democracy and secularism shall be the fundamental principle of the Constitution”. (‘72’s Constitution).

Identical aspire avowed in the part III of this Constitution, which deals with fundamental principles of state policy. Art. 8(1)- “Nationalism, socialism, democracy and secularism- together with the principles derived from them as set out in this part, shall constitute the fundamental policy of state policy”.



Next, writer explains the bona fide concept of nationalism, socialism, democracy and secularism one by one in his book. In case of our nationality, we have tormenting from bewilderment that whether we are “Bangali” or “Bangladeshi”? Golam Rabbani endeavor to reach a decision regarding this question in his book. None of the Article per se cannot furnish authentic meaning of nationalism or nationality. As a result, to grasp the connotation of nationalism you must read Art. 6 along with Art. 23, 24, and 29(3).

On the whole, part III bears the spirit of socialism. It aims to establish a wellbeing state. Art. 10, 13, 14, 15, 16, 17, 18, 19, 20 and 42 of our Constitution reflects the sprit of socialism.

Afterward Art. 7, 11, 59 &60 straight the true trail of democracy and last one, secularism determine by the Art. 12 and 38.

In the last chapter of the book the author, transcribe the deviation of Bangladesh Constitution from the original Constitution of 1972. He alleged, lacuna of ought ness is liable for this digression. What is ought ness? Firstly, lucid perception amid what is done and what is ought to be done? Secondly, constant exploration of truth in a logical manner. Divergence of the Constitution must humiliate such ought ness and this was done by the despotic ruler who were appropriated the power by illegal and undemocratic way with mal intention.

Earliest deviation of Bangladesh Constitution was altering the expression independence instead of freedom (which type of audacity they exposed!). Freedom and independence does not clutch the equivalent denotation. It is not synonymous word. Independence means mere sovereignty of a state whether freedom means all sorts of freedom emphasizing economic freedom, social freedom etc. Later distorted the sense of “Socialism”- Art. 8(1). They inserted a self-made interpretation of socialism. Repealing of original Art. 10 was one more step to deviate the Constitution from its key track and as opposed to that Article place a superfluous as well as flabby Article with a sub-title of “Participation of women in national life”.

Art. 12 of the Constitution contain occupied gist and definition of “Secularism”. These tyrannical rulers rescind it as well as changed the provision of Art. 38. Moreover, added “Bismillah-ar-rahman-ar rahim”! Yet we acquainted that, the state, which we acquired from Pakistan, was founded on the strength of secularism. Apart from this, they meditated these changes were not adequate to sturdy their chair, as a result they misused Art. 25.

What is meant by a country? The only answer of this question is Country means a geographical reality and nation means an assortment of populace who are residing their from imprecise time. Muslims are not a separate nation. But they were refused to recognize this truth.

Golam Rabbani make an effort to arise a question in our mind that how we deviate from the root of our main Constitution? Tyrannical govt. tainted the indispensable spirit of the over and above fundamental individuality of the Constitution. By using religious sentiment, they made Bangladesh a sectarian country! They made gratuitous amendment of the Constitution for their self-interest. Accordingly, even just born baby heard the sound of lament of the Constitution. The wound they made at that time, still the nation tolerate the reaction of such grievance. After the verdict of ABM Khairul Huq J in the Fifth Amendment case {Bangladesh Italian Marble Worker Ltd. V Govt. of Bangladesh & Others, BLT (Special issue, 2006, HCD)} we are confident that we shall return to our Father Constitution. Current Govt. said, after the conclusive verdict from AD they will obviously return to the parent Constitution. Nation are eagerly craves to witnessing this instantaneously.

The author makes his writing dependable by using numerous references. Researchers shall be benefited from such references. The manuscript will be supportive for not only the Researchers but also Students, Teachers, Lawyers, Judges, Lawmakers and other professionals.

I believe most significant part of this book is the conclusion part. In this portion writer describes three incidents of 1992, 2008 and 2012.

1. In the first confrontation, minstrel-journalist Monazatuddin reported about an ill luck freedom fighter Shah Alam, who begged at the street for his livelihood. He changed his former place of begging to Firmgate over bridge for better income. One-day police was arrested him. Consequently, his family became unaided. Our Govt. is fails to arrange least means of survival.

2. In 2008, Dr. Andrew Alok Kumer Dewari, a educator of Chittagong University committed suicide. Before committing the suicide, he wrote a note that- “no one is answerable for his suicide, born in this country is curse for me”. The malignant boil of sectarianism was seeded by the dictatorial govt. is responsible for his death.

3. Golam Rabbani here sketches a dreamt Bangladesh of 2012. When, we will rejoice 40 years of our Constitution adoption day (according to Art. 153, 16 December is our Constitution adaption day). Where fundamental principles of state policy are implemented and Bangladesh turn into a welfare state.

Rabbani dedicate his current book to the present plus future youthful age group. In addition, he vests the duty of making such dreamt Bangladesh to them. He is as optimistic as Rabindranath. In Balaka Rabindranath said:

“Ore nobin, ore amar kacha,

Ore sobuj, ore obuj,

Adh-morader gha mere tui bacha”.

Can we succeed Golam Rabbani’s dream?

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