Attorney general calls for reform of Article 70

Attorney General Md Asaduzzaman expressed concerns over Article 70 of the Constitution, saying it has effectively placed the legislative, executive, and judicial branches under the control of a single individual, and called for a review and amendment of the article.

"Under Article 70, members of parliament are prohibited from crossing the floor, meaning no lawmaker can express their opinion independently of the party's decision in parliament," he said while speaking to journalists at the attorney general's office on the Supreme Court premises today (12 September).

"As a result, the legislative, administrative, and judicial functions in Bangladesh have been concentrated in the hands of one person."
Stating that any potential reforms to Article 70 will be considered by the Constitution Reform Committee, the chief law officer of the state said, "Personally, I believe the article needs to be amended."

Asaduzzaman, however, clarified that there has been no discussion with him by the interim government regarding constitutional reforms, nor has he received any indication of such plans.

Article 70 states, "If a person nominated as a candidate of a political party and elected as a Member of Parliament in any election, he shall (a) resign from that party or (b) vote against the said party in Parliament, in which case his seat in Parliament shall be vacant, but he shall not be disqualified from being a Member of Parliament in any subsequent election."

In the address given to the nation on 11 September, the head of the interim government Muhammad Yunus announced the decision to form a commission to reform six issues. Justice Shah Abu Naeem Mominur Rahman has been assigned as the head of the Judiciary Reform Commission while Dr Shahdeen Malik will serve as the head of the Constitution Reform Commission.

The chief adviser said the commissions will start their work on 1 October.  

Judiciary needs reform

Regarding the reform initiative, he said, "The initiative taken by the chief adviser is based on the aspirations of the people. There is public demand for the reform of the judiciary and the constitution."

Explaining why judicial reform is necessary, the attorney general said, "The judiciary is one of the three organs of the state. Globally, the judiciary is regarded as a sovereign power, and judicial courts exercise sovereign authority, starting with Supreme Court justices."

"There is no way to equate judiciary officers with other officials of the republic. However, in the past, the judiciary has been made controversial. Judicial reform is necessary, keeping these issues in mind," he added.

President's power minimal in constitution

Regarding judicial officers, the attorney general remarked, "The reality in Bangladesh, as we've observed in recent years, is that subordinate court judges have come to see themselves as mere employees of the republic. They have forgotten that they exercise the sovereign powers of the republic."

Addressing the president's authority, he stated, "The President of Bangladesh holds very limited constitutional power. Ostensibly, the president has two main functions: appointing the chief justice and the prime minister. However, the president cannot appoint just anyone as prime minister at will; the appointee must come from the parliamentary majority. Similarly, when appointing the chief justice, the president cannot act independently of the government's decision."

"As a result, constitutional experts understand the president's minimal powers under the constitution. As attorney general, I can affirm that the president's authority is quite limited," he added.

The attorney general emphasised, "I want the judiciary to safeguard people's rights by exercising the sovereign powers of the republic.

The judiciary must adhere to constitutional and statutory provisions. I believe this reform initiative is an excellent one, and it requires collective effort. As attorney general, I will do everything necessary to support this initiative."