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Bangabandhu Sheikh Mujibur Rahman — Father of the Nation

by Barrister Rafiqul Huq
RECENTLY a question has been raised In the Parliament whether Bangabandhu Sheikh Mujlbur Rahman is recognised as Father of the Nation under our Constitution. The Fourth Amendment of the Constitution, namely, the Constitution (Fourth Amendment)
Act, 1975 was promulgated on 25th January, 1975 (Act No II of 1975). In the said Act. certain drastic amendments were made including chapter-I in party-IV of the Constitution (le the President and Vice President). a new Part, as Part-VIA — The National Party and Section 35 In the said Act, which provided a special Provision Relating to President. Section 35 of the said Act provided as follows:
Section 35: Special Provisions Relating to President —
Notwithstanding anything contained in the Constitution, on the commencement of this Act.—
(a) the person holding office as President of Bangladesh immediately before such commencement shall cease to hold, and vacate, the office of President of Bangladesh;
(b) Bangabandhu Sheikh Mujlbur Rahman, Father of the Nation, shall become, and enter upon the office of President of Bangladesh and shall, as from such commencement, hold office as President of Bangladesh as if elected to that office under
the Constitution as amended by this Act.
It may be noted that in Section 35 (b) of the said Act, Bangabandhu Sheikh Mujlbur Rahman has been recognised as Father of the Nation. This provision has not yet been amended as far as I have examined the relevant amendments so far made.
Proclamation of 8th November. 1975 provided, inter-alia. —
(f) the provisions of Article 48 of the Constitution shall remain suspended until further order;
(g) Part-VIA of the Constitution shall stand omitted.
This Proclamation was validated by incorporating Para 3A in the Fourth Schedule of the Constitution by Proclamation Order No. 1 of 1977. Subsequently. all these Proclamations were ratified and confirmed by introducing Paragraph No. 18 in Fourth Schedule through Fifth Amendment of the Constitution (Act 1 of 1979).
During this period, from time to time, different amendments have been made but section 35 of Act-II of 1975 (in Fourth Amendment) remained unrepealed. At least I could not find any such repealing law.
In view of the fact that Bangabandhu Sheikh Mujlbur Rahman In the meantime ex-
pired. the legislatures did not feel It necessary to repeal or amend that provision of the Fourth Amendment. It remains part of the Constitution though never Incorporated in the body of the Constitution, published from time to time by various governments.
Fourth Amendment as such was never repealed though from time to time various provisions of the Fourth Amendment have been repealed and/or amended. In the Fourth Amendment Act it was clearly stated that this Act was passed to amend certain provisions of the Constitution. One of such amendment was made In Section 35 of the said Act providing "Special Provisions Relating to President" quoted above.
I have made some research but failed to find any provision by which the said Special Provision relating to President has been repealed. By twelfth Amendment, the Presidential form of Government was changed to Parliamentary form of Government but the said provision (i.e. Section 35(b) was not amended. So. if anybody claims that under our Constitution. Bangabandhu Sheikh Mujlbur Rahman has been recognised as Father of the Nation and the said provision is still continuing as part of the Constitution, I am of opinion that there is reasonable justification to hold such view. It is true that the Presidential form was changed
to Parliamentary form of Government but the provisions of Fourth Amendment where Bangabandhu Sheikh Mujlbur Rahman has been given constitutional recognition as Father of the Nation Is still continuing In the Statute.
It may be mentioned here that the Constitution which was published on 20th March. 1975 (as modified up to 25th January 1975) the Fourth Amendment appears as Ap-pendix-IV of the Constitution alongwlth the said provision of Section 35(b) but it was never incorporated In the body of the Constitution. In the same way when the Government of Zlaur Rahman published the Constitution in 1979 (as modified up to 28th February, 1979) in Ap-pendix-IV the Fourth Amendment has been incorporated including the said provision of Section 35(b). So, Section 35(b) always appears as part of the Fourth Amendment In different issues of Constitution published from time to time. Since the said Section has not been repealed/amended, it remains as part of the Constitution.
Subject to further comment from Constitutional experts and lawyers of the country. I am of opinion that Hon’ble Speaker was right when he said that Bangabandhu Sheikh Mujlbur Rahman is recognised as Father of the Nation in our Constitution.