Deep conspiracy against Bangladesh, plot to create constitutional crisis

Opinion

The plot to create a constitutional crisis is, in a way, a conspiracy against Bangladesh itself. The Bengali nationhood, the national anthem, and the independent Bangladesh, which was achieved at the cost of many sacrifices, the Constitution of Bangladesh, and the values ​​of independence, have all come under threat today. At this moment, from those in charge of the state to those opposing independence, they are working very loudly and vengefully against the great liberation war, and there is no room for concealment.

Conspiracy against the constitution, i.e., repealing the current constitution, drafting a new constitution, enacting laws inconsistent with fundamental rights without regard to Article 26 of the constitution, changing the basic structure of the constitution in the name of reform, suspending the constitution, all these discussions and activities have started since Yunus Saheb assumed power. However, Yunus Saheb took oath before the Honorable President with a promise to uphold the current constitution.

Currently, the debate over the legal basis and implementation of the July Charter is raging. In the dialogue with the Consensus Commission on the method of implementing the July Charter, the question is whether the amendments can be implemented immediately by issuing a constitutional order?

In the dialogue, Jamaat-e-Islami said that the interim government formed by the will of the people in the July mass uprising has the power to issue orders. Jamaat claims that the constitution must be amended through a provincial constitutional order before the elections. The same position is shared by 11 parties, including the Islamic Movement. Jamaat-e-Islami leader Advocate Mohammad Shishir Monir has already started the debate. He gave a direct message to the Chief Advisor on his Facebook page on July 18, 2025. There, he called for taking a bold and historic decision in the wake of the mass uprising. In the post, he wrote, ‘Honorable Chief Advisor, you should not look back. The mass uprising is your biggest mandate. July Declaration-July Charter. Suspend the constitution. Hold elections in a new system. The job is done.’ That is, the current constitution will be suspended, the July Charter will be the constitution and elections will be held in its light. Later, however, he removed the title ‘Chief Advisor’. This leader has now raised the question, under which law of the constitution will the elections be held in February! He says, without the legal basis of the July Charter, the country will be in deep crisis.

Like-minded Islamic parties, including Jamaat, have already taken to the streets to demand elections based on the legal basis of the July Charter and the PR method.

On the other hand, BNP’s position is opposite. On behalf of BNP, Salahuddin Ahmed said, according to Article 106 of the Constitution, the interim government formed in the opinion of the court is a constitutional government. Constitutional continuity is intact. No part of the Constitution has been suspended or repealed. Therefore, the path of a dual constitution cannot be followed by issuing orders, there is no scope for amending the Constitution without Parliament. He said, the Constitution will be amended in the first two years of the next Parliament in light of the proposed reforms.

In this situation, the question is, if Yunus Sahib leaves his post after going on a foreign trip and does not return due to the disunity among political parties and the prevailing violent situation in the country, what legal complications or crises could arise? What constitutional complications could arise?

I will say that there will be no complications, there will be no constitutional crisis. Rather, the path to ending all crises will be opened. If Yunus Saheb expresses his inability to perform his duties, then the opportunity will be created to correct all the controversies that have arisen or the errors that exist in the process of forming the government of Yunus Saheb. In the light of Article 106 of the Constitution, the President sent a reference to the Supreme Court and the opinion on which the current government was established has already given rise to many controversies. The reference was not properly presented to the Supreme Court, the opinion is doubtful and incomplete as it was formulated by the judges of the Supreme Court. Because, the opinion did not specifically say anything about the formation of the interim government, its activities and term of office. However, at that time, the opportunity for proper disposal of the reference did not exist in the country. The court proceedings were closed, the judges were absconding, and several judges including the Chief Justice were in Sen’s shelter.

At this moment, if Yunus Sahib becomes unable to perform his duties, in a calm environment, the question of public importance of the crisis can be skillfully recorded and sent to the Appellate Division of the Supreme Court, it will be possible to give a self-sufficient opinion through hearings by raising it in the court’s agenda in accordance with the appropriate rules. The qualifications to be in the interim government, its structure, activities and term can be determined. Which was very important. Because, an interim government or an unelected government can never be formed for an indefinite period. Moreover, Ram-Sam, Yadu-Kadu, anyone can not be an advisor or minister of the government. Determining its qualifications was definitely important. The interim government must be for a specific term.

Let us analyze the discussion in more depth. In the light of the current constitution, there is no unelected government, no opportunity for any unelected person or group to seize power. Nevertheless, since the crisis has arisen, Article 106 of the constitution is the only safeguard.

Article 106 of the Constitution talks about the advisory jurisdiction of the Supreme Court. What does it say? “If at any time it appears to the President that any question of law has arisen or is likely to arise which is of such a nature and of such public importance as to require the opinion of the Supreme Court, he may refer the question to the Appellate Division for its opinion and that Division may, after holding such hearing as it may deem fit, communicate its opinion on the question to the President.”

In my view, the President’s question sent to the Appellate Division for opinion on a question of public importance before the Yunus government was sworn in was incomplete. If we ignore the fact that ‘the question was incomplete’ for the sake of argument, a major irregularity still comes to the fore, that is, the Appellate Division will give its opinion after a proper hearing. Far from a proper hearing here, no hearing was held. Therefore, the legal complexity of the current government’s position is clear. In this situation, if Yunus Sahib expresses his incapacity out of kindness, then the President can thoroughly record the question of public importance and send it to the Appellate Division and the Appellate Division can give its own opinion after a proper hearing.

Besides, a very good solution to overcome the current crisis and the immediate crisis would be to fully uphold the caretaker government in the constitution by settling the High Court case regarding the caretaker government and holding the next election, thereby ending all the controversies. If we go beyond this, the country will be in deep crisis. Those who are thinking beyond this, including Jamaat, are basically trying to create a crisis.

At this moment, all citizens of Bangladesh should be aware of protecting the great dignity of the country’s independence and the constitution that was achieved at the cost of many lives.

Golam Hossain,
lawyer and political activist.
September 17, 2025.