Amendments to the Constitution Bill
The Constituent Assembly debated amendments from 31 October to 3 November in 1972
Except of proceedings from 31 October - 3 November 1972
31 October 1972
M. Abdur Razzak Bhuiyan: Mr. Speaker, I propose that in Article 6 of the Constitution Bill, the following text be inserted:
The citizenship of Bangladesh shall be determined and regulated by law. The citizens of Bangladesh shall be known as Bengalis.
Dr. Kamal Hossain: Honorable Speaker, I think this amendment is acceptable and it can be accepted.
Manabendra Narayan Larma: Honorable Speaker, Mr. Abdur Razzak Bhuiyan has moved an amendment that the citizens of Bangladesh shall be known as Bengalis. Honorable Speaker, my point in this regard is that the Constitution Bill states that citizenship of Bangladesh shall be determined and regulated by law. Along with this, I have a slight objection to Abdur Razzak Bhuiyan’s proposal to clearly identify the citizens of Bangladesh as Bengalis, and I believe that the definition of citizenship of Bangladesh needs to be carefully considered and appropriately adopted.
The people of the Chittagong Hill Tracts, the region from where I come from, have been living in Bangladesh for ages. We have been learning and studying with the Bengalis of Bangladesh in the Bengali language. We are closely connected with the crores of people of Bangladesh. We have been living together in all aspects, but I am a Chakma. My father, grandfather and 14 generations have never said we are Bengali.
My appeal to my fellow members, brothers and sisters: I don’t know why they want to identify us as Bengalis in our constitution today.
Speaker: Don’t you want to be Bengali?
Manabendra Narayan Larma: We have never considered ourselves Bengalis. If this amendment is passed today for the Constitution of this independent sovereign Bangladesh, then our Chakma nation will cease to exist. We are the citizens of Bangladesh. We consider ourselves Bangladeshis and believe in ourselves, but we are not Bengalis.
M. A. G. Osmani: The first of the fundamental principles of the People’s Republic of Bangladesh is nationalism. I have proposed this amendment to ensure that the concept of nationalism and the nationalist spirit of our people are properly reflected in our constitution.
Dr. Kamal Hossain: Honorable Speaker, nationalism is a policy of our state, and there is a clear explanation of it in this amendment. Therefore, I think this amendment should be accepted.
1 November 1972
Shaukat Ali Khan: ….It is a right inherent in every sovereign to take private property belonging to individual citizens for public use. The right, which is described as eminent domain in American law, is like the power of taxation, the offspring of political necessity. It is supposed to be based upon implied reservation by the government that private property acquired by its citizens under its protection may be taken or its use controlled for public benefit irrespective of the wishes of the owner…..
Dr. Kamal Hossain: …This amendment is acceptable. This amendment can be accepted…..
2 November 1972
Speaker: A motion has been raised in the house [regarding the provisions on removing or impeaching the President]. In clause one of Article 53, in the third line, for the words “similar intention”, the words “alleged inability” should be inserted.
Dr. Kamal Hossain, please speak.
Dr. Kamal Hossain: What the honorable member has said in support of his own proposal is very reasonable. Therefore, I think it can be accepted.
Taheruddin Thakur: Honorable Speaker, the amendment motion that I will move is in the second line of clause 7 of article 53………..in the last line, instead of the words “The President shall resign”, the words “the office of the President shall become vacant” shall be inserted.
Dr. Kamal Hossain: Mr. Speaker, the amendment brought by honorable member Taheruddin Thakur is acceptable, because if this amendment is accepted, the language of the Constitution will be clearer. Moreover, I want to say he is an expert on language. Therefore, we are obliged to accept this amendment.
3 November 1972
Suranjit Sengupta: ….There should be a system in place where the President will address Parliament at the beginning of the first session of each year from now on….
Dr. Kamal Hossain: Honorable Speaker, I am very happy to be hear the second amendment. I support the amendment and I find it acceptable, because after all this time the honorable member Shri Suranjit Sengupta has given an amendment that is in line with the tradition and system of parliamentary democracy. The words he has spoken in support of that amendment are also reasonable. In parliamentary democracy, the President has to deliver a speech in the first session. It contains an explanation of the government’s policies and legislative proposals. The members should be given an opportunity to discuss this, so that it is accepted.
Footnotes
Bangladesh Constituent Assembly Debates by M. Abdul Halim (CCB Foundation, 2014)
Translated by Umran Chowdhury.