Attorney general questions Yunus government's authority to amend Constitution

He stresses the importance of adhering to constitutional guidelines in governance

Attorney General Md Asaduzzaman has called into question the interim government's authority to amend the Constitution.

Speaking at a seminar at the National Press Club on Sunday, he highlighted the ‘limitations’ of the president's power to issue orders after the dissolution of parliament.

The seminar, organised by the Law Reporters Forum, focused on the topic of 'Proposals for the Draft Constitution'.

Asaduzzaman said, "In post-revolutionary Bangladesh, amending the Constitution is a tribute to those who sacrificed their lives. We must consider our constitutional limitations."

Referring to Article 93 of the Constitution, the attorney general suggested that it is important to consider whether the caretaker administration has the authority to amend the Constitution.

Following the fall of the Awami League government, the Muhammad Yunus-led government has proposed several reforms, including changes to the Constitution.

A commission, headed by Ali Riaz, is working on recommendations for constitutional amendments.

Riaz had previously suggested scrapping the Constitution and writing a new one.

Advisor Mahfuj Alam, who is also a member of the commission, has voiced his support for creating a new Constitution.

However, the power to amend the Constitution lies solely with the elected parliament, a point that BNP has been repeatedly reminding.

Asaduzzaman said Article 93 of the Constitution allows everything except amending the Constitution.

He added that, with no parliament and no referendum, these issues would arise, both logically and legally.

This article defines the limits of the president’s power to issue ordinances when parliament is dissolved or not in session.

The article says the president shall not issue any ordinance that:

a) Could not lawfully be made under this Constitution by Act of Parliament;

b) Alters or repeals any provision of this Constitution; or

c) Continues the application of any provision of an ordinance previously issued.

After the fall of the Sheikh Hasina regime, the interim government took an oath to uphold the Constitution.

The consequences for altering or repealing the Constitution are clearly outlined in the system of governance, and BNP leaders have been issuing warnings about this matter.

The Anti-discrimination Student Movement called for the removal of President Mohammed Shahabuddin.

However, BNP opposed this, citing that the Constitution does not allow for such a move, bringing the discussion to a standstill.

The attorney general advised making the Constitution truly sovereign, suggesting that reforms should be introduced to guarantee that every five years, the people can exercise their sovereign power.

He added, "I believe that if the required steps are taken to ensure this, the Constitution will be sovereign. It will reflect the hopes and aspirations of the people of Bangladesh."