বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্র (দ্বিতীয় খণ্ড)/২৬
| শিরোনাম | সূত্র | তারিখ |
| নয় নেতার বিবৃতিঃ শাসনতন্ত্র অকেজো, নতুন শাসনতন্ত্র প্রণয়নের দাবী |
পাকিস্তান অবজারভার | ২৫ জুন, ১৯৬২ |
Nine National Leaders Say
Present Constitution Unworkable
Special Body be Elected to Draft A New One
(By a Staff Correspondent)
Mr. Hamidul Huq Chowdhury. Mr. Nurul Amin. Mr. Abu Hossain Sarker. Mr. Ataur Rahman Khan. Mr. Mahmud Ali, Sheikh Mujibur Rahman, Mr. Yousuf Ali Choudliury (Mohon Mia), Syed Azizul Iluq and Pir Mohsenuddin Ahmed (Dudu Mia) yesterday urged that steps should be taken “lo have a special body elected as soon as possible to give the country a constitution to make its acceptance unquestioned by the People.”
Enumerating the essential qualities that go to make a permanent constitution six of the nine leaders of East Pakistan said that “The present Constitution lacked such basic strength as popular consensus enshrined in basic laws framed by Peoples' representatives entrusted with that mandate”.
The present constitution, the statement said, was framed on a distrust of popular will, whatever the justification put forward for that. Citing the incapacity of the members of newly setup Assemblies and the restricted suffrage on which the members were elected the statement said that “experience of barely three weeks have already demonstrated that the present Scheme is unworkable unless it is radically changed and remodelled.”
For the interim period till such a new constitution could be adopted the leaders suggested that administration should be carried on under the present constitution with some essential changes.
One such suggestion for change was to incorporate the fundamental rights as enumerated in the 1956 Constitution in the present constitution making these rights justifiable. This can be done through a Presidential order or a legislative process.
The statement mentioned at length the necessity for doing away with growing imbalance in the economic progress of the two wings. It also advocated for removal of all obstacles against the growth of political parties, the very breath of representative democracy.
The leaders said that political prisoners detained without trial should be set at liberty to restore an atmosphere of confidence in the country and all penal actions regarding politicians should be done away with.
Following is the text of the joint statement of the nine leaders:
Rule of Martial Law has at least been ended. Gloom that enveloped the country for long 45 months has been partially lifted. Door of progress towards a democratic system seems to be in the process of opening but democracy has yet to come. The constitution promulgated by Field Marshal Ayub Khan only holds out a hope but does not under it.
The main subject that agitates public mind deeply today is again the constitution of the country. This was the main topic during the recent elections though the election was limited to a small section of the people. Practically every candidate pledged his support for getting a democratic Constitution. During the last six weeks since election the volume of opinions for a workable constitution has increased considerably.
We will go falling in our duty if we do not express ourselves on this vital question through only means available to us: we believe, in this, we share the opinion held by most in the country.
Only evolution can ensure real progress:
The Country can make real and abiding progress through the method of evolution by changes peacefully brought about. This can happen only where free debate and free discussion are fully assured.
A durable and abiding constitution is the precondition for national consolidation and stability.
We are convinced that no durable Constitution can be adopted unless it is framed by the direct representatives of the people. All authority must emanate from people.
We say so because whatever type of constitution is drawn up. it has to be democratic both in form and spirit. In a democracy sovereignty, belongs to the people. All authority must emanate from the people. Anything to be stable and enduring must be in the first place be the expression of the will of the people. That will must be a collective will, an organized will, and such as is freely expressed without any lot or hindrance, direct or indirect.
Constitution to meet all Contingencies:
A constitution is framed with a view that it endures the vicissitudes of time, for as long as human intelligence and foresight can sec, capable of feeling all situations, and contingencies as can be predicted. Each and every constitution must have such basic qualities as would make it permanent. Such basic laws cease to be basic if there are stresses and strains within it which in time are bound to below it to pieces.
To have the character and quality of permanence it has to be the expression of the will and Judgment of the entire community. A set of laws possessing such character alone can evoke the emotional loyalty of this generation and generations to come. Such loyalty and emotion are its strongest buttress and its impregnable defense. A document which depends on external forces other than the will of the people will have no chance of popular support, when in Jeopardy.
Present Constitution lacks basic strength:
The present constitution lacks the basic strength stated above viz popular consensus enshrined in basic laws framed by the people's representatives entrusted with that mandate and this without reference to its other merits.
Besides, the present documents are framed on a distrust of popular will, whatever be the justification put forward for that. A body of 80 thousand electors has been provided for as the base of the system in a population of more than 80 million.
Assemblies practically gave no powers:
The assemblies created on the vote of these electors have practically been given no power to decide anything. Nothing can be done by these bodies unless the President agrees. Whereas the President after the initial start can rule without any agreement of the Assembly, both in the legislative and in the executive fields.
Experiences of barely three weeks working have already demonstrated that the present scheme is unworkable unless it is radically remodeled and changed.
It is impossible to expect any genuine co-operation between the Government and the Assemblies on the present basis. The members will be tempted only to demonstrate their usefulness by turning to acute and extreme critic of the Government as they have neither any power of shaping directly the policy of the Government nor its activities. The distrust will spread into the country rendering Government more unpopular. Men of ability and independence will hardly be attracted to join such Government and administration will completely pass into the dead and soulless hands of bureaucracy.
We, therefore, urge that steps be taken to have a special body elected as soon as possible to give the country a constitution to make its acceptance unquestioned by the people.
Suitable constitution possible in six months:
With all the materials on the subject that have accumulated during the last 15 years, a constitution can be hammered out as will be suitable and will meet the peculiar problems of the country, in the course of six months at the longest.
In the circumstances of the above recommendation we purposely do not enter into the question as to whether the constitution to be so framed should be of the presidential type or parliamentary type. We are conscious that by far the largest volume of opinion is for the Parliamentary forms, The reasons are historical, far long association and experiences of the working of this system predisposes us to it.
Similarly we need hardly say much over the question whether it should be Federal or Unitary in character. This question is not so controversial either. More or less it is accepted by all shades of opinion that it has to be Federal with a majority of subjects being with the units particularly in view of our peculiar geography.
Inter-wing imbalance in progress:
The other burning topic to be dealt with is the glowing imbalance in the economic progress in the two wings. We believe that there is no want of good will in the people of West Pakistan and East Pakistan for each other. Public men once entrusted with real responsibility is bounds to rise above all narrowness and we sure to concentrate on developing the economy of the country as a whole giving greater attention to the backward areas wherever they are.
People had little say in policy-making:
All narrow and parochial interests that are responsible for the unequal progress of the two wings had free play as the people had very little say in the policy making of the state so long. Once public opinion can assert itself through their elected representatives all reactionary forces and vested interests will be in the retreat. Much of the disparities between the wings have arisen out of the fact that East Pakistan had rarely shared effective political power in the country's policy making particularly on economic affairs and scarcely has or had a say in the executive organization responsible for carrying out the economic policies into practice. In fact since independence all political powers were concentrated into the hands of a small group of permanent services, there having been not one single election in the country by which the people could have a say in the country and affairs.
The next important matter or consideration is what needs be done during the interim period.
Administration should be close to people:
The good-will generated by the lifting of the Martial law needs to be strengthened by further statesmanlike acts. The distance between the people and the organs of administration should not be allowed to grow. It is a great responsibility for President Ayub and we have every hope that it is fully appreciated.
Pending the adoption of a permanent constitution by the method proposed by us, the Government of the country has to be carried on.
But even in the interim period some essential changes need be made in the document under which the Government is being carried on.
Fundamental rights an integral part:
It is necessary that Fundamental rights as enumerated in the 1956 Constitution be incorporated as such in the present constitution arid made justifiable, instead of enumerating them as “principles of law making” as in the present document.
These can be easily incorporated in the present document either by Presidential order or through the legislative process as provided for in the constitution.
Assemblies should be trusted:
What is more necessary is that the executive should trust the Assemblies brought under existence under this constitution. All temptation to fill the house with persons holding office of profit should be checked. Otherwise, whatever little freedom the House have will vanish. We should not forget that trust begets trust.
Political prisoners have to be freed:
Political prisoners detained without trial should be set at liberty to restore an atmosphere of confidence in the country and all penal actions regarding politicians should be done away with.
Parties needed for discipline in politics:
Political parties are the very breath of representative democracies. As life without breath is unthinkable so the elective system without the disciplined parties is unworkable. Party means discipline. No representative body can function with a large body of individuals without any kinds of ties binding them and controlling their conduct and behavior within and without. No obligation except that of self-interest will influence members of party less House.
Finally, regular periodic elections are a must in as much as it is the ultimate check on individuals as a parties against irresponsible conducts. So all obstacles against the growth of the party should be done away with. Till the democracy is ushered in.
However, we must think in terms of the national issues now facing the country as a whole people from all walks of life be lie a private citizen, a member of the profession, on the services must make their contributions jointly to its solution.
Harmony essential for national unity:
Finally, we feel found to say that we are passing through very trying and unsettled times. It is not peculiar to us alone. We need all the organs of the state and the nation to act in harmony, in full understanding and co-operation as a united people to be able to face all the unforeseen contingencies.
Those in whose hands destiny had placed the fate of the country shoulder the greatest responsibility to bring about that unity and to lay the foundation of a Nation united on a firm and sound footing. Let us complete the task of constitution making as quickly as possible and free ourselves from this controversy and concentrate on the nation building task as a united people determined to fulfill the destiny which is ours.