Sunday, April 13, 2008

Article 46 can solve Bangladesh's curent problem

It is good that AL will join a pre-dialogue today with the CTG for a fuller and bigger dialogue to resolve current political crises, which is looming in the horizon. Although the Constitution is the major source of current trouble in Bangladesh, interestingly, the solution to this current impasse can also be found in the Constitution, if all parties are willing to accept the supremacy of the Constitution. Article 46 of the Constitution can be a good basis for this type of negotiated-dialogue. Allow me to explain why am I saying so.

Artcle 46 of the Bangladesh Constitution is about power to provide indemnity. It reads:......Parliament may by law make provision for indemnifying any person in the service of the Republic or any other person in respect of any act done by him in connection with:

a) the national liberation struggle, or
b) the maitenance or
c) restoration or
d) order in area in Bangladesh or
e) validate any sentence passed, punishment inflicted, forfeiture ordered, or
f) any other act

done in any such area.

We can easily rule out (a) and can broaden definition/explanation of b, c, d and e has already happened in regard to anti-corruption drive. (f) can also be broadened with the help of the Supreme Court getting its reference on this explanation of 'any act'

So, instead of asking specific ratification of all actions of the CTG, it would be good to focus on indemnifying their actions so that a solution can be found acceptable to all parties.

1 comment:

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