Oath-taking in the 13th National Parliament, constitutional debate and BNP-Jamaat tensions

Special Correspondent

The swearing-in of the newly elected members of parliament and ministers of the 13th National Parliament created intense tension and new polarization in the country’s politics throughout the day on Tuesday (February 17). On the one hand, questions about constitutional reform, the July Charter, and the legitimacy of the referendum; on the other, open conflict between the BNP, Jamaat, and NCP—all of this has begun a new game in the political arena.

Experts say that the long freedom movement during the Pakistan era, the 1970 elections, the liberation war that began on the night of March 25, Bangabandhu’s declaration of independence that same night, the declaration of independence on April 10, the formation of the government on April 17 and the conduct of the liberation war, the victory on December 16, and the formulation of the constitution through the Constituent Assembly by November 1972—each of these steps is part of the historical tradition of the people of Bangladesh. The constitution is not an isolated document, it is the product of blood, struggle, and political philosophy. The four fundamental principles of the constitution reflect the philosophy of the state builders and the promise made to the people.

According to the constitution, amendments can be made if a two-thirds majority is obtained in parliament, but the fundamental principles of the state cannot be changed, according to constitutional analysts. Article 7(b) is in force in the constitution to protect fundamental principles. However, the July Charter proposes to repeal Article 7(b), which paves the way for changes in the fundamental principles of the state. At the same time, there is a proposal to delete Article 7(a), which has created fears that the seizure of illegal power will no longer be considered illegal.

A referendum was held on February 12 to give the July Charter a legal basis. But since there is no clear provision in the constitution for holding a referendum, a major debate has begun over its legality. Although a presidential order was issued to bring the referendum within the legal framework, according to constitutional experts, even the president does not have the authority to issue an order that is unconstitutional or detrimental to the constitution.

It is in this context that the oath-taking of the MPs of the 13th National Parliament was held on Tuesday morning. After the oath-taking, Bangladesh Jamaat-e-Islami Ameer Dr. Shafiqur Rahman was elected as the opposition leader in the parliament. Dr. Syed Abdullah Mohammad Taher became the deputy opposition leader and Nahid Islam took charge as the opposition whip. Dr. Shafiqur Rahman informed reporters about this after the 11-party alliance meeting on Tuesday afternoon.

Dr. Shafiqur Rahman said, ‘It is everyone’s responsibility to respect the aspirations of July and the referendum verdict. That is why we have taken the oath in the Constitutional Reform Council.’ At the same time, he complained that BNP has ignored and disregarded the spirit of July and the referendum verdict by not taking the oath. He also commented that it is regrettable that Tarique Rahman did not take the oath even after saying ‘yes’ in the referendum.

Opposition Whip Nahid Islam said in even harsher terms, “The BNP has broken its political promise by not taking the oath in the Constitutional Reform Council.” Claiming that the explanation given by the BNP is unacceptable, he said that this has created a legal and constitutional crisis in the country.

Earlier in the morning, Jamaat Naib-e-Ameer Dr. Syed Abdullah Mohammad Taher announced that if BNP MPs do not take oath as members of the Constitutional Reform Council, then the newly elected members of Jamaat will not take any oath either. Their argument was that a parliament without reforms is meaningless. However, dramatically at 12:23 pm, the newly elected members of Jamaat took oath as members of parliament and at 12:27 pm, they also took oath as members of the Constitutional Reform Council.

On the other hand, BNP is adamant on its decision not to take the oath in the Constitutional Reform Council. Salahuddin Ahmed, a member of the party’s standing committee, said that although there is a prescribed form for the oath of the Constitutional Reform Council, no BNP MP has been elected as a member of this council. Besides, the Constitutional Reform Council has not yet been included in the constitution.

Salahuddin Ahmed further said that if the Constitutional Reform Council is formed according to the referendum verdict, it must first be included in the constitution. In addition, who will administer the oath and what the provisions of the oath will be must be determined in the constitution. He made it clear that BNP will not take an oath that does not have a provision for an oath in the constitution. He also mentioned that this decision has been announced by the party chairman.

Meanwhile, a writ petition has been filed in the High Court challenging the validity of the referendum and seeking the cancellation of the results announced on February 13. Supreme Court lawyer ABM Ataul Majid Touhid filed the writ in the relevant branch of the High Court on Tuesday in the public interest. The writ has named the Chief Election Commissioner, Cabinet Secretary and Law Ministry Secretary as respondents. He said the writ may be heard by a High Court bench headed by Justice Fatema Najeeb next week.

All in all, although the journey of the 13th National Parliament has begun, the conflict between BNP and Jamaat-NCP over constitutional reform, the July Charter and the referendum has pushed politics into a new uncertainty. While BNP has taken a stand to abide by the constitution, Jamaat and NCP say that this is a betrayal of the aspirations of July. The court verdict and the political strategy inside and outside the Parliament will now determine whose move will ultimately work in this new game.