The New Nation - Internet Edition

A Dhaka daily on the 4th of November published an opinion of a retired justice wherein he condemned not only the 5th Amendment of the Bangladesh Constitution but also the main architect of the amendment, unfortunately, in a very derogatory way.

I may not dwell on his inferior taste for the architect's role, as it was a matter of the justice's cultural make up. But the main issue or the 5th amendment is not a mean subject matter but a critical one so far as the future honour of our progeny and viability of the country is concerned and hence needs some attention for intellectual treatment. The Fifth Amendment adopted duly in early 1979 in the national Parliament provides for changes of the State Policy Principles of the Constitution adopted initially in late 1972 soon after independence of Bangladesh in 1971. The changes made were in regard to one, from 'Bengali Nationalism' adopted earlier as a goal to Bangladeshi Nationalism, two, from 'Socialism' to aim at social justice for all citizens, and three, from 'Secularism' to faith and absolute trust on the Great Creator; and for particularising the third changes, the constitution at its beginning inserted the Quranic prayer sentence, BISMILLA HIR RAHMANIR RAHIM, just as Muslims do for beginning any work.

The changes were made as are usually done for any man-made Constitution in any modern country for meeting gaps and adjustments in tune with changing needs from time to time. Every written constitution has invariably provisions therein for changes and amendments. The Bangladesh Constitution of 1972 had also similar provisions. Until 1975 the then government made four amendments in three and half years. The 5th one or the only one made in about four years after 1975 did qualitative changes compared to earlier three out of the four made for exigencies compared to the fourth one for change of basic principle, from the multi-party parliamentary system of government to one party dictatorial and absolute one. The fifth one turned out to be just like the fourth one in matters of principle just as already mentioned above, not for anybody's whim or pleasure but for needs felt by the then rulers or elected people's representatives in the Parliament.

The Fifth Amendment, in fact, was preceded by two important events in the history of Bangladesh, one was of the 15th August followed 11 weeks after by the 7th November 1975 yet another that paved the way for return of Bangladesh to its past rooted in heritage for centuries and also the people had long struggled for to establish. The changes made in the three principles conformed to the struggle the majority people undertook particularly against the British colonial rulers for 190 years that ended in 1947 followed by another for two decades that is what independent Bangladesh is since after 1971. Before the British took over in 1757, this geographical area remained an independent Muslim State by any definition that the post 1971 government for three and a half years, for one reason or another willy-nilly attempted to do away with, but failed to do so because of the changes of 1975. Thus the Fifth Amendment was made not only to meet people's genuine demand for restoring proud heritage but also that it was done through normal lawful constitutional process in the national parliament of Bangladesh. If one would wish to revoke the amendment, one might well do so but not in hollow rhetoric, much less in indecent or pejorative terms in the media but through the same constitutional process as is required by or laid down in the existing valid Constitution of the country.

It could briefly be mentioned here as of fact that those who pioneered the 5th Amendment did neither represent the opponents among the hardliners in 1971 nor the escapist lots but happened to be the renowned personalities or freedom fighters of the 1971 war. Whether the architects of the Fifth Amendment acted for narrow political expediency or for personal power gains is a matter that only the future progeny of Bangladesh could better determine. This is simply because, real truths about history are hardly truthfully documented until, as the historians themselves maintain rightly, 'one hundred years' latter.

M.T. Hussain

795/2 Ibrahimpur

Dhaka-1206