Article 70 of Constitution must be amended, says attorney general

He says the article, which bars parliamentarians from voting against their party, paves the way to ‘fascism’

Article 70 of the Constitution needs to be amended, says Attorney General Md Asaduzzaman.

“The interim government led by Muhammad Yunus has been doing everything according to the Constitution. This government has written legality from the Appellate Division of the Supreme Court,” he told the media on Thursday.

The six commissions formed by the interim government to reform the state are reflections of the aspirations of people of Bangladesh, said the attorney general.

“Personally, I want an amendment to Article 70 of the Constitution. If amended, it will prevent fascist rule in the country. Due to Article 70, the law, judiciary, and administration fell into the prime minister's grip. We want a judiciary that belongs to the people,” Asaduzzaman said.

Article 70 states:

“A person elected as a member of Parliament at an election at which he was nominated as a candidate by a political party shall vacate his seat if he –

(a) resigns from that party ; or

(b) votes in Parliament against that party ;

but shall not thereby be disqualified for subsequent election as a member of Parliament.”

The [former] prime minister and her cabinet members fled after the mass movement led by students on Aug 5, the attorney general said.

The MPs also went into hiding, he said.

“Under the circumstances, the Supreme Court Appellate Division’s opinion was sought. The interim government was formed after securing the Appellate Division’s opinion.”