Bangladesh - Six Clarifications

Harun Ur Rashid ask's: Is Bangladesh's non-partisan caretaker government working? His answer is no and he offers six alterations of the constitution to fix the hole the President has run through the constitution before it becomes convention. Rashid comments that constitutions are "not set in stone and already it has undergone fourteen amendments. The last amendment was adopted in May 2004. Another amendment of the Constitution will not make the sky fall.".

Rashid doesn't blame the President despite the President being worthy of scorn and censure for violating the spirit of the care-taker government, but also willingly obfuscating the steps constitutionally required. In his speech the President claimed he was forced to due to emergency. This is no different to Thailand and Fiji where the usurpers claimed they had to suspend the constitution in order to save it.

Rashid's six alterations require:

Defence needs to come under the authority of the care-taker government (not the President)
President is ineligible to run the care-taker government (chief adviser)
Retired justices ineligible to be chief adviser (separation of powers)
Constitution requires criteria to appoint a citizen to chief adviser
Article 58C(4), "no retired chief justice is available" requires clarity.
Explicit enumeration of responsibilities of chief adviser in council and without council.

Permalink, Bangladesh - Six Clarifications, Dec 2006, cam

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