Constitutional law simplified
Muhammad Zamir
The
Constitution of the People's Republic of
Bangladesh with Comments and Case
Justice Latifur Rahman
Mullick Brothers, Dhaka,
February 2004, 256 pages, Price: Tk. 225
A regular
presence in the tennis courts and the golf course, the author, a former
Chief Justice of Bangladesh and also the Head of the last Non-Party
Caretaker Government (2001) has drawn on his judicial experience of
many years to present in broad strokes the constitutional developments
that have taken place in Bangladesh over the last three decades. The
book includes a compilation of the provisions of the Bangladesh Constitution
alongwith Article by Article, commentary and relevant caselaws based
mostly on decisions by the Supreme Court of the country.
In the
course of his effort, Justice Latifur Rahman has particularly recognized
the contribution of Judges of the Supreme Court towards the evolution
and development of our Constitution through their interpretations. In
this regard, he has tried to highlight the important role which the
Supreme Court plays in safeguarding liberty and ensuring justice for
the common citizen.
In the
course of evaluating the judicial progression of constitutional law
in Bangladesh, the author has also noted that 'the rule of law and constitutionalism
can only grow in a democratic polity, where the Supreme Court possesses
the absolute power of judicial review'. One can only observe that such
an assertion assumes greater relevance in contemporaneous times where
politicisation of the judiciary is affecting the fabric of perceived
neutrality and impartiality.
It is important
that the author has also referred to the pernicious effects of martial
law on constitutional development. Such an arrangement affected us more
than once-between August 1975 to November 1979 and then again between
March 1982 to November 1986. During these two periods the Supreme Court
essentially lost its power of judicial review. Details of this in the
book will evoke interest for the reader.
The introductory
note also outlines in simple language the thirteen different amendments
made of the Bangladesh Constitution since our independence. This chapter
will be useful for students of political science as well as law.
The author
in the course of his book has tried to follow the organic structure
of the Constitution and given his commentary on the various provisions.
Bangladesh Supreme Court decisions have been cited to explain the denotations
and connotations of the legal provisions. One wishes, that while doing
so, Justice Latifur Rahman would have also made comparisons with interpretations
of similar provisions by the Supreme Courts of India and Pakistan. That
would have enriched the work. Similarly, it might have helped if he
had provided more comments with regard to Articles 14 to 20 which deal
with important duties of the State to provide for its citizens fundamental
necessities with regard to education, public health, equality of opportunity
and work as a right and duty. One thinks that the author should not
have brushed aside such significant issues as being dependent only on
"the economic resources of the State". The author might have
also liked to discuss in greater detail the difficult aspects of Part
IX a (Emergency Provisions) as contained in the provisions of Articles
141 A, 141 B and 141 C. That would have materially helped serious students.
It would
have also benefited readers if an index of cases used in the book was
prepared as an Annexure. One hopes that this will be included in the
next edition.
In any
case, what is important is that a functional presentation has been made
of a difficult subject. For this the author deserves thanks.
This work
will be popular across the main-stream readership. It will also be less
controversial than the author's previous book on his experiences as
the Chief of the last Caretaker Government.
Muhammad Zamir is former Secretary and Ambassador.
