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Speaker's ruling

Private member must submit English text of amendment bill
The Deputy Speaker, of the Jatlya Sangsad, Sheikh Razzak All. on Thursday gave a ruling that a private member was required to furnish an English text of an amendment bill of which the Bengali version had already been submitted to the Sangsad Secretariat seeking amendment to certain articles of the Constitution, reports BSS.
The Deputy Speaker, ruling came on the bills submitted by several members to bring about amcndrients to various clauses of the Bangladesh Constitution.
Recalling the controversy In the House on Wednesday over submission of these bills to the Sangsad Secretariat in Bengali and English languages the Deputy Speaker clarified that It was required to furnish such bills both in Bengali and English and that it was not correct that tn the past a member could go ahead with it by submitting such bill only in Bengali.
Giving his ruling In the matter, the Deputy Speaker said bills for amendments to the Constitution, from the first to the tenth, had all been placed both in Bengali and English languages.
This was done in accordance with Article 153 (2) in which it was sought to preserve the bills in two authenticated languages proposed or adopted in the House.
Article 153 (2) provides that "a text certified In accordance with Clause (2) shall be conclusive evidence of the provisions of this constitution." provided that in the event of conflict between the Bengali and the English texts, the Bengali text shall prevail.
The Deputy Speaker further. stressed that one must not lose sight of the fact that an amendment to a certain clause or article becomes part and parcel of the Constitution as soon as it is adopted. For this reason and in the interest of maintenance of consistency it is required that authenticated version of the resolutions should be kept both in Bengali and English.
The Deputy Speaker maintained that for this reason also the Sangsad Secretariat made the requests to the members to furnish their amendment resolutions both in Bengali and English and the members can do it any time, the Deputy Speaker said.
However. Sheikh Razzak All further stated that the amendment bills to the Constitution tabled as private members' bills, could be Introduced before the House following scrutiny by "the committee for private members bill and Cate members resolution" as down In Rule 223 (1) (A) of the Rules of Procedure.
The committee, however, was formed only Wednesday (April 24) and the amendment resolutions, as moved, could not be scrutinised within the period and could not be Incorporated In Thursday’s order of the day.
The Deputy Speaker expressed regret for that.
The Deputy Speaker said honourable members Rashed Khan Menon, Nurul Islam Monl, Suranjlt Sengupta, Shu-dangshu Shekhar Haidar, Mou-dud Ahmed and Salahuddln
Kader Chowdhury had drawn his attention to different articles of the Constitution and Rules of Procedure and stated that there was no legal binding for submitting English version of any bill seeking constitutional amendments. Barrister Zamlruddin Sircar had opposed their statement.
The Deputy Speaker said Rashed Khan Menon stated that he had moved a bill seeking constitutional amendment in the second Jatiya Sangsad and he had submitted only the Bangla version of the bill. The question of submitting the English version of that bill did not arise at that time. Menon maintained.
The Deputy Speaker said it was not possible to scrutinise within short time whether such a bill as stated by Menon was incorporated in the order of the day and whether that bill was discussed in the House at all.
But it was not found in the concerned record that any bills submitted by private members were approved by the second Jatiya Sangsad.
Giving his ruling, the Deputy Speaker said six private members — Sudhangshu Shekhar Haidar. Mohammad Asaduzzaman, Nurul Islam Monl, Rashed Khan Menon, Major (retd) Haflzuddin Ahmed and Abdus Samad Azad had submitted notices to the Sangsad Secretariat seeking amendments to different articles of the Constitution.
Of them. Nurul Islam Monl and Rashed Khan Menon had submitted four notices each while the rest one notice each, he said.
He said all the 12 bills excepting the last one were submitted to the Sangsad Secretary with 15 days' written notice under Rule 72 (1) of the Rules of Procedure.
। But these bills were submitted only in Bangla. Since English version of these bills were not submitted, the members were requested by the Sangsad Secretariat to submit English version also.
As a result, Rashed Khan Menon and some other members drew his (Deputy Speaker's) attention as to whether the bills would be tabled in the House Thursday
The Deputy Speaker said the process under which the Constitution could be amended was clearly stated in Article 142 of the Constitution. Article 3 of the Constitution state that The state language of the republic is Bangla". As per Article 153 (2) of the Constitution, there shall be an authentic text
of the Constitution in Bengali and an authentic text of an authorised translation In English, both of which shall be certified as such by the Speaker of the Constituent Assembly.
Here the word Constituent Assembly should be specially noted, the Deputy Speaker said. The Constitution was adopted unanimously on November 4.1972 after It was framed and codified and it was given effect from December 16. 1972. Immediately after the introduction of the Constitution, the Constituent Assembly was dissolved from that date.
The Deputy Speaker said it was stated in Article 1 (one) of the transitional and temporary provisions of the fourth schedule of the Constitution that "upon the commencement of this Constitution, the Constituent Assembly, having discharged Its responsibility of framing a Constitution for the republic, shall stand dissolved"
In the backdrop of the above situation and In the light of the over-all situation, the Deputy Speaker said. "We shall have to explain Article 153 (2) of the Constitution. Now there is no existence of any assembly in the name of Constituent Assembly. As a result the natural explanation of Article 153 (2) be like this, that the members of the Constituent Assembly wanted that one certified copy of the Bengali version of the Constitution and one certified copy of the English version of the Constitution would be preserved by the Speaker of the Constituent Assembly. In short, the framers of the Constitution wanted the preservation of the original | article or their amended artlc- | les In both the languages.