Article 70 of our Constitution should be amended
I watched a program named BBC Songhlap at 10th May, 2008. There was a topic about Article 70 of our constitution. We know that article 70 of Bangladesh constitution is very important. Another name of this article is called Anti Defection Law.
Article 70 is concern about the “Vacation of Seat on registration”. It is said that in article 70 that if a person, elected as a member of parliament by election which he was nominated on behalf a political party and his seat will be vacate if he gives vote against his party which is against the Democracy. Here is noticeable that the leader or prime minister has exclusive power over the members of his party. S/he can enforce this power whenever she wants. She also encourages to themember of her party to give vote in favor of her or her party. We know that opposition leader give a proposal of non-confidence motion to the speaker at any time. We also know that a prime minister exists as a team leader until 151 seats behind him/her. If the prime minister fails to prove 151 seats behind her, then s/he will be collapsed and his/her designation will be lost.
Article 70 conflicts with preamble, article 1, 8 & 11 of our constitution. 1st of all, it has been said that in preamble of our constitution that we the people of sovereign People’s Republic of Bangladesh. Article 1 also confirms about the sovereignty. Article 8 concerns about the fundamental principle. We know that the number of fundamental principles is four. “Democracy” is one of them. Article 11 says about democracy & Human Rights. But article 70 of ourconstitution is against this democracy and human rights.
From overall discussion, we can say that article 70 our constitution should be amended but not totally abolished. If article 70 is totally abolished, then we don’t find any stable government. Because then theMember of Parliament will exercise their right when they desire. According to me, Article 70 is applicable in the case of Non-confidence Motion & Money Bill. But in the case of Ordinary Bill, Article 70 should not be applicable.
Mohammad Rayhan Uddin,
Department of Law,
LL.B. (Honors), LL.M. (9th Batch),
Premier University, Chittagong, Bangladesh.LL.B. (Honors), LL.M. (9th Batch),
Cell No: +8801914676110
