Legal Interpretation or Opinion on Constitutional Amendments Should Be Made Public

Opinion

Ali Riaz has made a grave error here. An ordinance or any ordinary law cannot amend the constitution. Under no circumstances can this be done, regardless of the explanation provided. It cannot be done because the status or position of the constitution is above all other laws or ordinances. A law of lower status (such as an ordinance) cannot amend a law of higher status (such as the constitution). Under no circumstances is this permissible. Ordinary laws or ordinances simply do not have that authority.

Additionally, the constitution itself clearly outlines the legitimate process for its amendment. In the case of Bangladesh, this requires a two-thirds majority vote in Parliament.
However, Mr. Riaz has argued for the ratification of such an ordinance by a future Parliament. This is a flawed and baseless argument. The reason is that both the current and future Parliaments are entirely independent. Nothing can bind the hands of a future Parliament—certainly not an ordinance! Even the current Parliament cannot bind the hands of a future Parliament. This is a very fundamental principle.
Therefore, whether a future Parliament ratifies or approves any ordinance is entirely up to that Parliament. No one else has the authority to dictate this. The assumption that a future Parliament will approve something and thus justify the promulgation of an ordinance is completely unfounded, as Ali Riaz seems to be assuming here!
These are extremely basic principles that any second-year law student would know. One does not even need to be a constitutional or legal expert to understand this.

Nevertheless, I am willing to give Ali Riaz the benefit of the doubt. Either his statement has been misreported, or there is some “deep” legal interpretation behind his remarks that I am unable to comprehend!
If it is the latter, then he and the Reform Commission should immediately make that legal interpretation, opinion, or legal advice public. It should be noted that if such a legal opinion exists, it must come from a ‘competent’ legal institution or a ‘properly appointed’ legal officer. Informal legal opinions from just anyone will not suffice.
I am very eager to read this opinion. In fact, the people of Bangladesh have every right to read this legal opinion. Does such a legal opinion exist? Please let us know.

– Dr. Rayhan Rashid
Founder and Trustee, International Crime Strategy Forum