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Select Committee submits report on Constitution amendment bills to Jatiya Sangsad

Nation poised for parliamentary form
The report of the Select Committee on the ConsUtutlon amendment bills providing for switchover to parliamentary democracy was submitted to the Jatiya Sangsad (parliament) by Law Minister Mirza Golam Hafiz Sunday.
The 11th and the 12th amendment bills, as amended by the committee, were also submitted along with the report. Discussions on the bills will start this afternoon. The two bills are expected to be passed by a two-third majority of the House within three to four days.
The bills as amended seek to amend a total of 31 articles, the Third and the Fourth Schedules. Amendment of the Fourth Schedule is to provide for a transitional clause to validate the appointment of JusUce Shahabuddin Ahmed as Vice-President and all his actions as Acting President.
The packed House vibrated with Jubilation as the Select Committee report was being submitted for changing the form of government in keeping with the spirit of the November 19, 1990 Joint Declaration of Eight-. Seven-, and Five-party Alliances. Deputy Speaker Sheikh Razzak All was In the chair.
Besides the 11th and the 12th amendment bills introduced by the Government, another bill introduced by AL leader Abdus Samad Azad and four bills by Workers Party leader Rashed Khan Menon were scrutinised by the Select Committee.
The Select Committee incorporates in the 11th and the 12th amendment bills of the of the private member's bills of Abdus Samad Azad and Rashed Khan Menon, besides adding a few new provisions.
The differences over floor crossing were resolved by proposing to Insert two new clauses in Article 70. One clause says questions over leadership of the parliamentary party of a political party shall be resolvqd by the Speaker and anybody failing to comply with the direction of the leadership so decided shall vacate his seat. Another clause proposes that any Independent member Joining a party shall be deemed to have been elected as a nominee of that party and the restriction in respect of floor crossing will be applicable for him.
The clause proposed in the BNP bill for disqualifying MPs. vacating seats on the charge of floor crossing, for five years has been dropped. Similarly, the proposal that any MP expelled from his party shall also vacate his seat, has also been deleted.
It has been resolved that the Chief Election Commissioner shall conduct election of the President as proposed in the Awami League bill. BNP's stand has been conceded to through an understanding that the bill would remain silent as to whether the election would be held in a secret or an open ballot. An ordinary law on the election would determine this.
The opposition has conceded the government proposal that there should be a scope for appointing ministers from amongst non MPs. The proportion of such non-MP
10 per cent and not 20 per cent as proposed by the Government. At opposition's insistence. however, the right, of such ministers to participate tn the proceedings of parliament have been further restricted by proposing that they would not speak on mat ters not related to their min-t»tries Non MP ministers will not be able to vote tn partta
In respect of keeping certain articles ^under a guarantee dum shall be required to amend there articles, the committee's recommendation to interesting. Initially the op position members demanded that there should be no guarantee clause, while the Government tried to put the Preamble and Articles 8. 80 and 92A under such a clause. Finally, when the government side was ready to remain satisfied with keeping only the Preamble and Article 8. containing Blsmillah' and the changed basic state principles, the opposition suggested that two more articles — 48 and 56 — relating to parliamentary structure of the Constitution also be put under the clause, so that change of the system was difficult. The suggestion was finally accepted by the committee.
The Select Committee accommodated the proposal made In the AL bill that Acting President Justice. Shahabuddin will be eligible to resume his responsibilities as the Chief Justice after the President elected under the amended Constitution enters upon his office.
The committee inserted two provisions proposed in Rashed Khan Menon's bills that gap between two session* of parliament should not exceed 60 days and that foreign treaties connected with national security shall be placed In a secret session of parliament. The existing Constitution provides that there should be at least two sessions a year, and that the President can withhold laying of any such treaty before parliament if he considers that it will go against the national interest
The amendment bills seek to restrict the powers of the President by providing that he would summon and prorogue parliament session on the basis of advice given by the Prime Minister in writing. Again, the President's declaration of a state of emergency will require a countersignature of the Prime Minister to become effective.
The President may dissolve the parliament on the basis of written advice of the Prime Minister. The Select Committee has Inserted a new sentence : The President shall do so if he is satisfied that no other member of parliament comrandi support of the ma-the members of par
Presenting the Select Committee report amid table thumbing committee chairman Mirza Golem Hafiz termed the moment as historic and auspi clous, and said that the 12 crore people and the world would remember It. The re-Cis a historic document use through it the 16-year old presidential system Is being reverted to partlamen tary form, he said. He thanked ail members of the committee for unanimously adopting the
said adding these values should be nurtured and terrorism removed to make parliamentary democracy a success The change is meant for human welfare and progress, he said emphasising the need for a strong opposition and rule of law to make the new system effective.
Abdus Samad Azad. Deputy leader of the Opposition, who was also a member of the Select Committee siid the amendment bills were to Implement the Joint Declaration of the three alliances. He paid tributes to students, workers and the people as a whole for their sacrifices during move ment against autocracy.
The AL leader said that the Joint Declaration also called for independence of the Judiciary. and AL MP Saiahuddln Yusuf had moved another amendment bill to ensure this. Referring to the indemnity bill brought by AL leader Mohammad Nasim, he hoped that the entire House would sup-E>rt it to reject politics of llings.
Had rudd aza Chowdhury. Deputy Leader of the House, said that the amendment bills were a death blow to the forces opposed to democracy. Submission of the report of the Select Committee marked a victory of the pro-democratic forces, he said.