BNP backtracks on reforms
BNP's support for socialism contradicts its founder Zia's policies
BNP is backtracking on several reform proposals it explicitly supported in the past. In September and December 2024, BNP acting chairman Tarique Rahman called for a two-term limit for the prime minister. In September, Tarique called for a constitutional provision to ensure a two term limit. In December, he reiterated his call for a two term limit by saying that “I personally think that a person should in no way be the prime minister at least for more than two consecutive terms”. The term limit is also specified in BNP’s 31-point plan for state reforms, with Point 5 stating that “No one shall serve as the Prime Minister for over two consecutive terms”.
However, in its reply to the Constitution Reform Commission, the BNP has indicated that it is not willing to support a two-term limit. The BNP is also against a National Constitutional Council and has so far opposed redrafting the fundamental principles of the Constitution. Is this opposition to reform sustainable?
The BNP has also opposed a referendum before the next general election. The BNP would like to follow the approach it adopted in 1991 when a referendum was held to gain public approval for the 12th amendment to the constitution, following BNP’s win in the 1991 general election.
Preamble
BNP has also opposed the proposal of the Constitution Reform Commission to rewrite the first five paragraphs of the Constitution. Instead, the BNP is expecting a swift reversal to the pre-15th amendment text of the preamble. The pre-15th amendment text was written as follows:-
[BISMILLAH-AR-RAHIMAN-AR-RAHIM
(In the name of Allah, the Beneficent,the Merciful)]PREAMBLE
We, the people of Bangladesh, having proclaimed our Independence on the 26th day of March, 1971 and through [a historic war for national independence], established the independent, sovereign People's Republic of Bangladesh;
[Pledging that the high ideals of absolute trust and faith in the Almighty Allah, nationalism, democracy and socialism meaning economic and social justice, which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in the war for national independence, shall be fundamental principles of the Constitution;]
Further pledging that it shall be a fundamental aim of the State to realise through the democratic process a socialist society, free from exploitation-a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens;
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;
In our Constituent Assembly, this eighteenth day of Kartick, 1379 B.S corresponding to the fourth day of November, 1972 A.D., do hereby adopt, enact and give to ourselves this Constitution.
The question is why BNP is seeking to retain socialism in the Constitution. The BNP has a history of anti-communist policies, including free market reforms and opposing the Soviet Union. BNP wants to define socialism as ‘economic and social justice’, which I have argued is a convoluted phrase for the constitutional text. Instead, it would be prudent to use the term ‘social justice’ in keeping with the three ideals enunciated in the Proclamation of Independence, which were equality, human dignity and social justice. I am a longstanding supporter of adopting the ideals of the Proclamation of Independence to replace the four ideals of Mujibism (nationalism, socialism, democracy and secularism). By sticking to the four Mujibist ideals, the BNP is not only backtracking on reforms, but calling into question its entire strategy of opposing the Awami League. I have also seen censorship in the Bangladesh media regarding any discussion to replace the four Mujibist ideals. This is ironic considering I have sensed from Mujib’s own family a willingness to reform the Mujibist ideals.
With much of the 15th amendment declared unconstitutional by the Supreme Court, there is now a pressing need to reform the preamble. The socialist ideals in the preamble are a relic from the Cold War. We should erase traces of the Cold War from the preamble in order to preserve the integrity of the Constitution in this day and age.
The preamble can be merely tweaked and edited instead of being rewritten entirely. It simply makes no sense to hold on to ‘socialism’ as a founding ideal. It is outdated and backward. Bangladesh is not a socialist state by any stretch of imagination. The reality of the economy reflects a free market. Bangladeshis do not want a socialist state judging by the marginal performance of socialist parties in elections since 1971. The only supporters of socialism are a small coterie of civil society and media editors who are hell bent on sticking to the status quo instead of driving meaningful change.
The BNP also opposes any mention of the 2024 uprising in the preamble. Given that the preamble was written in 1972, it would be grammatically incorrect to include the 2024 uprising in a text written during the 1970s. Instead, the BNP has proposed to mention the 2024 uprising in another part of the Constitution, possibly a schedule. Tunisia included a reference to its Arab Spring revolution in its 2014 constitution. So, why can’t Bangladesh do the same if we want 2024 to be a decisive moment of change?
The BNP should consider the following proposal for the preamble.
BISMILLAH-AR-RAHIMAN-AR-RAHIM
(In the name of Allah, the Beneficent, the Merciful)PREAMBLE
We, the people of Bangladesh, having proclaimed our Independence on the 26th day of March, 1971 and through a historic war for national independence, established the independent, sovereign People's Republic of Bangladesh;
Pledging that the high ideals of absolute trust and faith in the Almighty Allah, equality, human dignity, social justice and democracy, which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in the war for national independence, shall be fundamental principles of the Constitution;
Further pledging that it shall be the fundamental aim of the State to realise through the democratic process an egalitarian society which ensures representative government, pluralism and non-discrimination which inspired the people of Bangladesh during the Liberation War in 1971; a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens;
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;
In our Constituent Assembly, this eighteenth day of Kartick, 1379 B.S corresponding to the fourth day of November, 1972 A.D., do hereby adopt, enact and give to ourselves this Constitution.