Four basic principles return

The fundamental principles of the 1972 constitution are back after over three decades, though in a somewhat mutilated form.

bdnews24.com
Published : 30 June 2011, 01:01 PM
Updated : 30 June 2011, 01:01 PM
Dhaka, June 30 (bdnews24.com)—The four fundamental principles of the 1972 constitution that is nationalism, socialism, democracy and secularism – albeit in a mutilated form – have been restored after over three decades.
Military dictators Gen Ziaur Rahman and Hussein Muhammad Ershad had purged the state of its secular nature by trampling the original constitution of 1972 to appease Islamists to cling to power.
Zia, founder of BNP, incorporated 'Bismillah' in its preamble in 1977 and Ershad, now a key ally of prime minister Sheikh Hasina's coalition government, later made Islam
the
religion of the state.
The freedom struggle of the nation was waged to curve out a secular space for the Bengalees from Pakistan that discriminates against people of faiths other than Islam.
The related article was restored through the passage of the Constitution (15th Amendment) Bill 2011 in parliament on Thursday.
A new article was also included in the charter to pre-empt any change of the principles.
BNP was absent in parliament during the entire process of constitutional change.
A martial law declaration in 1977 replaced the words 'struggle for national liberation' in the preamble of the constitution with 'war for national independence' that time.
In April 1979, the second parliament led by BNP passed the related article through the Fifth Amendment to the constitution.
The Appellate Division on July 27 last year declared the amendment illegal and ordered government to bring the charter back to the state it was in before the amendment.
With proposals by a special committee on charter review, the constitution was amended for the 15th time after the Supreme Court verdict that has not been fully adhered to, however.
PREAMBLE
The amendment restored the words 'struggle for national liberation' in the preamble of the charter by the Article 3 (a).
Article 3 (b) has restored the words—'Pledging that the high ideals of nationalism, democracy, socialism and secularism, which inspired our heroic people to dedicate themselves and our brave martyrs to sacrifice their lives in the struggle for national liberation, shall be fundamental principles of the Constitution'—in the preamble of the constitution.
FUNDAMENTAL PRINCIPLES OF STATE POLICY
The Fifth Amendment added the words 'absolute trust and faith in the Almighty Allah' and 'and socialism meaning economic and social justice' in the Clause (1) of the Article 8 of the charter.
The 15th Amendment to the constitution, however, dropped these words and a sub-clause added during the Fifth Amendment.
That Sub-Clause, (1A), read, "Absolute trust and faith in the Almighty Allah shall be the basis of all actions."
After the passage of the 15th constitution amendment bill, the Clause (1) of the Article (8) reads, "(1) The principles of nationalism, socialism, democracy and secularism, together with the principles derived from those as set out in this Part, shall constitute the fundamental principles of state policy."
NATIONALITY
After the 15th Amendment, the Article 9 of constitution, which was on local government, gives the definition of nationalism.
The Article now reads, "Nationalism.-The unity and solidarity of the Bangalee nation, which deriving its identity from is language and culture, attained sovereign and independence, shall be the basis of Bangalee nationalism."
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