Parliament must make constitutional and rational decision on Reform Council: Shahdeen Malik

Agreeing with the BNP's stance on the Constitution Reform Council, constitutional expert Shahdeen Malik expressed hope that parliament would make a constitutional and rational decision through proper debate.

Any move that contradicts the constitution would likely face legal challenges and would not withstand judicial scrutiny, he told TBS today (15 March) in reaction to a fresh political standoff over convening the council.

On the second day of the 13th Parliament today, opposition leader and Jamaat-e-Islami Ameer Shafiqur Rahman called for the immediate convening of the council, while Home Minister Salahuddin Ahmed said the council has no constitutional recognition and could be discussed within parliament.

"The BNP's position appeared reasonable," Malik said. "BNP's Salahuddin Ahmed, who holds a law degree, may have a better grasp of the constitutional complexities."

The senior lawyer added that many currently debating the matter lack legal expertise. "Business figures make up a large share of current lawmakers, while only a handful are lawyers. Even among them, few have deep expertise in constitutional reform."

He also pointed out that Bangladesh has not previously experienced such a debate. "Traditionally, referendums in the country have centred on a single 'yes or no' question. This time, multiple issues were combined, and the use of ordinances to introduce such provisions has raised further confusion."

As a result, he added that complications surrounding the issue were natural and the matter would now have to be resolved through parliamentary discussion.

"I hope the current parliament won't take any decision on matters that contradict the constitution. If such decisions are made, they will be challenged in the higher courts. Anything inconsistent with the Constitution will not stand judicial scrutiny. Therefore, parliament should reach constitutional and rational decisions through proper discussion," Shahdeen Malik said.

In parliament today, Jamaat's Shafiqur said the current parliament was constituted through a presidential order, which contains provisions related to the July Charter and a referendum.

According to him, the directive on the July Charter stipulates that the first session of the reform council should be convened within 30 calendar days of the election results being announced.

"Today is the 30th day, but the session has not been called. My concern is how this session will be convened under Article 72 of the Constitution," he added.

In response, Salahuddin said no Constitutional Reform Council exists under the current Constitution. He added that any such step would first require a constitutional amendment passed by parliament.