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Thoughts on Constitution of Bangladesh VIII

Constitutional Guidance to the Government on Healthy Economy and Responsible Governance

by Mustafizur Rahman
Self-reliant Economic Development Policy Though some state policy guidelines and some obligations are already mentioned in Part II of the constitution. there is a necessity of defining some specific goal for the sake of continuity and consistency in the government actlvlUes for national development and public welfare.
For economic, scientific and technological development. there should be some constitutional, provisions so that any good government finds it easy to pursue such policies and any bad government finds it difficult to avoid them.
Many countries around the world are now at the point of bankruptcy because of unrestrained borrowing. Many countries are realizing the necessity of putting constitu-tional restricUon on foreign borrowing beyond a limit. We must work out suitable provision before it is too late.
So it is proposed that the following articles be incorporated in relevant places in the consUtution.
• The state shall develop a self-reliant and Independent national economy effectively controlled by Bangladeshis.
• The state shall maintain honesty and integrity in the public service ana take positive and effective measures against graft and corruption.
• The foreign loans may only be Incurred in accordance with provisions of law. Information on foreign loans, obtained or guaranteed by the government shall be made available to the public, and the terms of the loan shall be subject to approval by parlia-. ment or any independent body authorized by it from time to time.
• No foreign loan shall however be taken for any purpose other than productive investment in industries, agricultural development, technological development, research, education, training of manpower, foreign-exchange earning transport and other service industries, equipment, public healthcare. and emergency food supply. At any time the government shall take utmost care not to put the nation under debts beyond Its capacity to repay.
• The. state can take special loans or grants for defense equipment: grains or other essential commodities during war or emergency endangering national security, or after natural calamity which may lead to crisis.
• The State shall promote industrialization and full employment based on sound agricultural development and agrarian reform, through industries that make fuU and efficient use of human and natural resources, and which are competitive in both domestic and foreign markets. However, the State shall protect Bangladeshi enterprises against unfair foreign competition and trade practices.
• The exploration, development. arid utilization of natural resources shall be under the full control and supervision of the State. The State may directly undertake such activities or it may enter into co-production. Joint venture, or production-sharing agreements with Bangladeshi citizens, or corporations or associations at
least sixty percentum of whose capital is owned by such citizens. Such agree merits may be for a period not exceeding 20 years, renewable for not more than 10 years, and under such terms and conditions as may be provided by law.
• The State shall protect ; the nation's marine and other ' wealth in its territorial waters. and sea and exclusive economic zone, and reserve its use and enjoyment exclusively to Bangladeshi citizens.
• The Parliament may, by law. allow small-scale utilization of natural resources by Bangladeshi citizens, as well as cooperative fish farming, with priority to subsistence fishermen and fish-workers tn rivers, lakes, bays, and lagoons.
• The government on the recommendation of the cabinet may enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale exploration. development, and utilization of minerals, petroleum, and other mineral oils according to the general terms and conditions provided by law. based on real contributions to the economic growth and general welfare of the country. In such agreements, the State shall promote the development and use of local scientific and technical resources.
• The President/Prime Minister shall notify the Parliament of every contract en-
tered Into tn accordance with the provision, within thirty days from Us execution
• The parliament shall regulate or prohibit monopolies in commercial mass-media, advertising, communication. utility supply, and transport when public interest requires. No combinations tn restraint of trade or urfatr competition therein shall be allowed.
• The ownership and management of mass-media shall be limited to citizens of the Republic or to Corporation, Cooperative or associations wholly-owned and managed by such citizens.
• In the grant of rights, privileges, and concessions covering the national economy. patrimony, the state shall give preference to qualified Bangladeshis.
• The state shall promote the preferential use of Bangladeshi Labor, domestic materials and locally produced goods, and adopt measures that help make them competitive.
• The state shall pursue a trade and investment policy that serves the general welfare and utilizes all forms and arrangements of exchange on the basts of equality and reciprocity.
• The ownership of and right to all land, real-estate in the Republic, shall be with citizens of Bangladesh, but the state can lease to any foreign government a reasonable size of plot on reciprocal basis and for diplomatic mis- • sion purpose only.
Economic Planning
• The Parliament may establish an Independent economic planning agency headed by the Prime Minister and In his absence, by the president.
• No franchise, certificate, or any other from of authorisation for the operation of public utility shall be granted exqept to citizens of the Bangladesh or to corporations or associations organized under the laws of the Republic at least sixty per-centum of whose capital is owned by such citizens, nor shall'such franchise, certificate, or authorization be exclusive in character or for a longer period than 20 years. Neither shall any such franchise or right be granted except under the condition that it shall be subject to amendment. alteration, or repeal by the Parliament when the common good so requires. The State shall encourage equity participation in public utilities by the general public. The participation of foreign investors in the governing body of anv public utility enterprise shall be limited to their proportionate share in its capital, and all the executive and managing officers of such corporation or association must be citizens of the Bangladesh.
• The practice of all professions in the Republic shall be limited to Bangladeshi citizens. save in cases prescribed by law.
Education, Science-Technology Development and
KAimtinn I nan
This Article may be added somewhere which may read as The control and administration of educational institutions shall be vested in the citizens of Bangladesh."
After clause (c) of article 17 the following clauses may be added.
Id) establishing a system of educational scholarship, loan grant, subsidy and in-certfive system as may be determined by law;
M. Promoting scientific, technological and cultural development A Research and invention, innovation, and their utilization for the benefit and welfare of the. people.
(f) Expanding facilities for education, research, development. and trainbig in both government and private sectors as may be determined by law.
(g) safeguarding students from incitement, allurement or exploitation by any individual or group or political party or religious organiza tion for any purpose other than education, training, voluntary work and other public work as may be provided by law.
(hj Including the study of the constitution as a part of curricula.
(i) Promotion of the role of public and private institutions in the educational system with reasonable supervision.
(j) Introducing, promoting and supporting physical training drill, spgrts and outdoor training in all the educational institutions.
Tomorrow : Approaches to Nonparty-based Impartial Government