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LAW LETTER

Anomaly in Constitution
The Constitution is defined as "the way of life the State has chosen for itself" (Aristotle, 384-322 BC). It may be regarded as the governing wheel of the State and thus there cannot be a State without a Constitution. If the State is considered as a vehicle, government as its driver then the Constitution would be the license or guideline to run. Hence, the Constitutional provisions should be logical, farsighted and above all consistent with all its provisions.
The Constitution affirms its ambitions declaring democracy, rule of law, human rights, fundamental rights, etc in many articles. The preamble of the Constitution affirms country's various aspirations, yearnings, expectations and ends pompously. The Constitution declares itself as the solemn expression of the will of the people. And more courageously the Constitution asserts that "all powers in the Republic belong to the people”. However, all seem to be mere statement and bogus for the presence of certain paradoxical provisions of the Constitution. Let us examine a few among many other paradoxes.
Citizenship is such an identity that starts with the emergence of a nation and continues until it loses its nationality. A nation is known to the world community by its nationality as such no change or modification is desirable; rather it should be kept untouched in all cases.
Article 70 introduces the anti-defection law in the Constitution that contradicts with the high ideals enumerated therein in the following manners -
• Democracy, fundamental human rights and many other high ideals cherished in the preamble and other articles like article 7 (1), 11 etc have become meaningless by Article 70.
• It contradicts the notion of freedom of thought and conscience and of speech etc as ensured in article 39 of the Constitution.
• Article 70 of the Constitution causes a gross violation to the rule of law.
• In place of responsible government, article 70 leads to elective dictatorship in the country. According to article 55 the cabinet shall be collectively responsible to the parliament and that has become a soundless vessel because of article 70 of the Constitution.
A survey on the topic reveals that antidefection laws are rare in the developed and established democracies rather common in nascent democracies. Anti-defection laws are often defended there as measures to consolidate a chaotic party system. However, there are many countries like United Kingdom, Malaysia, Germany, France, Canada, Australia that are experienced with political defection but there is no anti defection law.
In modern welfare States, the Constitution is considered as a highly acceptable document and sometimes our inclination and dependency on it exceeds than that of divine books. Today it is deemed the only tool to operate the State and its citizen. Hence, it should be a deliberate creation and high sincerity should be shown to uplift its sanctity.
Md. Toriqul Islam
Assistant Professor
Department of Law and Justice Bangladesh University of Business & technology (BUBT)