Dhaka: The Constitution Reform Commission has put forward a significant proposal to annul secularism, socialism, and nationalism as foundational principles of the Constitution. This recommendation entails the deletion of Articles 8, 9, 10, and 12, as stated in the Commission’s report.
According to Bangladesh Sangbad Sangstha, the Commission, established in September under the leadership of Prof Ali Riaz, submitted its findings to Chief Adviser Prof Muhammad Yunus on January 15. A summary of these recommendations is now available on the Commission’s website.
Regarding fundamental rights and freedoms, the Commission has suggested several revisions. It recommends introducing a unified charter named ‘Fundamental Rights and Freedoms’ in the Constitution, which would merge the rights currently outlined in Parts II and III. This change aims to ensure that all rights are judicially enforceable, addressing the existing disparity between economic, social, cultural rights, and civil and political rights. The Commission also proposed the inclusion of new rights such as access to the Internet and information, voting rights, privacy protection, and consumer rights.
The Commission further recommends reforming certain existing articles, including expanding the list of prohibitions on discrimination, safeguarding against extrajudicial actions, and abolishing preventive detention provisions. A general limitation clause and a balancing and proportionality test for imposing limits on rights have also been proposed to prevent the State from unduly curtailing rights.
For rights related to education, health, food, and housing, the Commission suggests a progressive implementation based on resource availability, thereby enhancing government accountability.
The backdrop for these recommendations includes the overthrow of the Awami League government following a mass uprising on August 5, leading to the resignation and departure of Prime Minister Sheikh Hasina. In response, an interim government was formed on August 8. As part of state reform efforts, Interim Government Chief Prof Muhammad Yunus announced the formation of multiple commissions, including the Constitution Reform Commission, on September 11.