The Election Commission (EC) will send back the council-approved constitutions of the ruling Awami League (AL) and Bangladesh Jamaat-e-Islami for further amendments as some clauses of their respective constitutions are not in consonance with the Representation of the People Order (RPO) and the Constitution of the country.
Sources at the EC said some clauses of the ruling AL’s council-ratified constitution are inconsistent with the RPO while Jamaat’s constitution contains many provisions that contradict the country’s Constitution.
The EC’s scrutiny of the ratified constitutions submitted by the political parties within the 25 July deadline is in process and the Commission will send these back to the respective political parties for amendment, if they are found to be contradictory with the RPO or the Constitution of the country.
Earlier Election Commissioner M Sohul Hussain said that the EC would scrutinise the constitutions now render submission, and if any of them contradicts the RPO, that one will be sent back to the party concerned for amendments.
According to the RPO, a political party registered with the EC must not form any affiliated or associated organisation of professionals, employees, workers, teachers or students.
But AL’s amended constitution recognises Shwadhinata Chikitshak Parishad (SCP), an organisation of doctors mainly led by government physicians, as an associate organisation.
Another clause of the RPO says a political party shall not be qualified for registration with the EC if there is a provision in its constitution for establishment or operation of any office, branch or committee outside Bangladesh.
A provision in the AL’s permanent constitution titled ‘organisations abroad’ says Bangladeshi citizens living abroad permanently or temporarily may form organisations believing in AL’s aims, objectives, ideals and policies, abiding by the existing laws of the countries they live in, which is contradictory to the RPO.
According to the RPO, a political party will be declared disqualified for being registered with the EC if any provision of ratified constitution contradicts the Constitution of the country.
Section 5(3) of Jamaat’s permanent constitution calls for organised efforts to end all types of repression, exploitation, corruption and injustice by establishing ‘righteous rule of Islam and of honest people’. But the Constitution of Bangladesh does not allow establishing Islamic rule or any other rule except the rule of law in the country.
Sections 6(4) and 3(1) of Jamaat’s constitution calls for bringing about necessary changes to the state system to ensure complete observance of Islam and safeguard the country’s independence and sovereignty through revival of Islamic values and national unity, which clearly oppose the spirit of the Constitution of the country, a high official of the EC said.
To remove discrimination regarding sex, religion and race, Jamaat, in its revised charter has included a provision to allow non-Muslims to be its member but they cannot hold any party post. Similarly, Jamaat’s constitution does not allow women to enjoy equal rights in the party making these provisions contradictory to the RPO.
So the EC will send back the constitutions of ruling AL and Jamaat to them for making the required amendments, sources at the EC
said.
Courtesy of The Independent