15th amendment is a direct assault on democracy, rule of law: AG

Attorney general Asaduzzaman has called for significant revisions to the constitution, suggesting the removal of key provisions such as socialism, Bengali nationalism, secularism, and the designation of Bangabandhu Sheikh Mujibur Rahman as "Father of the Nation."

During the fifth day of hearings at the High Court on the legality of the 15th constitutional amendment, he argued that these changes would align the constitution with the country's democratic and historical ethos.

The attorney general also demanded the reinstatement of provisions for a referendum, which was abolished under the 15th amendment.

Speaking to the media after the hearing on Wednesday, the attorney general said that retaining the 15th amendment undermines the spirit of the Liberation War, the 1990 mass uprising, and the 2024 July revolution. "The amendment betrays the sacrifices of martyrs like Abu Sayed and Mugdho," he said.

He accused the amendment of prolonging authoritarian rule and violating constitutional supremacy. "It’s a direct assault on democracy and the rule of law," he said, adding that the amendment perpetuates division among citizens and disrupts the country’s political stability.

Touching on the inclusion of Sheikh Mujibur Rahman as "Father of the Nation" in the preamble of the constitution, Asaduzzaman acknowledged Mujib’s critical role in Bangladesh's independence. "Sheikh Mujibur Rahman’s contributions to our Liberation War are undeniable, but the imposition of this title in the 15th Amendment deviates from the original spirit of the constitution," he noted.

The attorney general argued that this inclusion fosters political polarisation and has been enforced in a way that restricts dissent, making it a punishable offence to criticise him. "This contradicts the spirit of constitutional inclusivity," he said.

The attorney general further criticised article 6, which defines national identity through language, claiming it has fostered unnecessary divisions among citizens. He argued that no other country uses language as a basis for national identity, making this provision unique and problematic.

He also took issue with Articles 7(ka) and 7(kha), claiming they undermine democracy and serve authoritarian purposes. Calling for their repeal, he asserted these articles were enacted with ill intent to stifle democratic institutions.

Addressing article 8, Asaduzzaman argued that socialism and secularism do not reflect the realities of a nation where 90 per cent of the population are Muslim. He advocated for reinstating the original phrasing, which emphasised unwavering faith in Allah. He also questioned the relevance of Bengali nationalism in article 9, calling it inconsistent with modern democratic principles.

The attorney general vehemently opposed the abolition of the caretaker government system, calling it a "stab in the heart of democracy."

The attorney general urged the reinstatement of referendum provisions under article 142, arguing it was essential for restoring democratic accountability. He criticised the amendment for enabling MPs elected through "election engineering" to unilaterally eliminate this critical democratic mechanism.