DU Law organises public lecture on “Do We Need a New Constitution?”

The Department of Law, University of Dhaka organised a public lecture titled "Do We Need a New Constitution?" on 2 September 2024. This timely lecture was held keeping in mind the ongoing debate on whether or not a new Constitution should be drafted. The keynote speaker was Professor Dr. Muhammad Ekramul Haque, a renowned Constitutional law expert in both Bangladeshi legal academia and abroad. The session was hosted by Quazi Mahfujul Hoque Supan, Associate Professor at the Department of Law, University of Dhaka.

In his thought-provoking lecture, Professor Haque at the very outset remembered the students who had given up their lives and emphasised the bloodshed and brutality that had been carried out by the previous regime. He then pointed out three group of thoughts regarding whether or not a new Constitution is needed. The first group argues that a new Constitution is needed because a successful revolution has been carried out and a new 'basic norm' (Grundnorm) according to Hans Kelsen's theory has been created due to the revolution. He then explained how there was a change in the 'will of the people' which led to a successful revolution, both from legal and political perspective.

The second group argues that there has been no change in the will of the people and the situation falls short of a new Grundnorm, therefore, it is unnecessary to write a new Constitution, rather there should be amendments in the existing Constitution. A major limitation pointed out by Professor Haque concerned Article 7(B) of the existing Constitution which, in his opinion, severely limits constitutional amendment.

The third group argues that there should be certain small positive changes for example- making the ECS rights enforceable, adopting bicameral parliamentary system, system of referendum, proportional representation in the Parliament etc. However, Professor Haque noted that there is a difference between constituent power (i.e., constitution-making power) and constitution amendment power, and there are certain constitutional amendments that cannot be made in exercise of the ordinary amendment power. For bringing these kinds of amendments, constituent power has to be in play. At the end of the day, all three groups advocate for a basic change in the Constitution, but the ways are different.

At the end of the lecture, Professor Haque expressed his interest to organise more public lectures in the coming days entertaining topics such as the process through which a new Constitution can be written, if at all.

The event is covered by Julian Rafah, final year student of law, University of Dhaka.