Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Sunday, April 21, 2019 09:09:11 PM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Violation of the Constitution is derogatory, criticism of violation not

photo by

By MAINUL HOSEIN
09th-Oct-2016       
Comments
Share your thought
Post a comment »
Read all () »

Some elements somewhere are advising the government to go along the way of autocracy without any regard to the truth that our people are for democracy and Bangladesh was founded on their faith in democracy. Criticism is the essence of democratic accountability. Our constitutional obligation is to defend the Constitution by ensuring its compliance. Honour of the Constitution lies in obeying it, not in what others say.

The new law passed for foreign funded NGOs making derogatory remarks concerning the Constitution a criminal offence will invite controversy about its need and motive. Many will find passing such a law as unwarranted for protecting the Constitution and the constitutional bodies.

We hope the government is not thinking of protecting the violators of the Constitution who are holding constitutional positions. The constitutional bodies are protected for obeying the Constitution itself. This does not mean those who hold the constitutional positions have to be protected for violating the Constitution.

The people's Constitution is the people's property and the government is not the protector of the Constitution. The government's obligation is to obey the Constitution and be criticised and condemned for violation, if any, of the people's Constitution.

In the first place the law itself is objectionable as a concept and a weakness for the government. A democratic Constitution is a people's Constitution and no one can derogate it by criticising the same. Only its violation is derogatory. In order not to make it derogatory we must preserve the democratic nature of the Constitution most diligently.

In the United States it has been held over the issue of burning the flag that such act will not be derogatory to the Constitution or unconstitutional unless it is found to be in breach of freedom of speech. Controversy still remains if burning of the flag is to be considered desecration of the Constitution.

No Constitution, even one promulgated by the people, can be perfect. So criticism of the Constitution is different from insulting it.

Those who hold constitutional positions it is for them to show how much respectful they are to the Constitution.
The Constitution of an autocrat does not enjoy popular sanctity and because of that he needs special laws for not challenging the legitimacy of his constitutional position. But that does not make him or her a democrat.

What is strange is if derogatory remarks are bad for the NGOs then it cannot be right for others. So the law is also discriminatory and on the face of it unreasonable.

We find wrong emphasis is placed when criticism of the Constitution is discouraged but not violation of the Constitution. As the single chamber parliament, it wants to try the Supreme Court judges which will mean weakening the Supreme Court's role as the guardian of the Constitution. It cannot be constitutional to deny the parliament the opposition. They cannot be called elected representatives in the parliament if the arrangement is to get them as uncontested. Such trends are certainly derogatory and a threat to the people's Constitution.       
We agree with the law-makers for their concern about the use of foreign funds in Bangladesh. The foreign funded NGOs should be subjected to proper scrutiny about transparency in the use of their funds received from abroad. There are allegations that some government servants directly or indirectly benefit from big NGOs. That needs to be looked into also.

What is to be cautioned is that the power becomes slippery when not protected by the institutions of a democratic Constitution.

Tariff
Add Rate

News Archive

Inside The New Nation

Editorial »

CID man held with Yaba: Virus in the antidote


A CONSTABLE of Criminal Investigation Department and one of his associates were arrested with 990 Yaba pills from Savar on Thursday evening, some newspapers reported. The arrestees are Taijuddin, a constable of CID's Uttara Zone, and his associate Mofiz Mia, said Officer-in-Charge of Detective Branch of Police in Dhaka (North). ...

Cricket »

Ton-up Kohli hails Moeen for crucial IPL win


AFP, Kolkata :Virat Kohli scored his first Indian Premier League (IPL) century of the year, then paid tribute Saturday to Royal Challengers Bangalore teammate Moeen Ali for setting up a crucial second win of the season."Moeen changed the game completely and that allowed me to play my game," said the ...

Entertainment »

Farah Khan to remake three Bollywood classics?


Bollywood filmmaker Farah Khan had recently announced that she will be collaborating with ace director, Rohit Shetty. Speculations are that the duo has decided to remake the much loved film that had megastar Amitabh Bachchan, Satte Pe Satta (1982). The film itself was a remake as well, and besides this, ...

International »

Trump rating drops 3 points to 2019 low post Mueller report


Reuters, New York  :The number of Americans who approve of President Donald Trump dropped by 3 percentage points to the lowest level of the year following the release of a special counsel report detailing Russian interference in the last U.S. presidential election, according to an exclusive Reuters/ Ipsos public opinion ...

Football »

FIFA backs English players' social media boycott over racism


AP, England :FIFA is backing a 24-hour social media boycott by professional players in England in a protest against racial abuse and revealed plans for a new global campaign to eradicate discrimination in soccer.Following a series of high-profile cases in recent weeks, the Professional Footballers' Association has gathered support from ...

International »

US President Trump declares victory on Mueller report D-Day


President Donald Trump, backed by his attorney general, declared himself fully vindicated on Thursday in the investigation into Russian election meddling and alleged collusion with his campaign - even before the American people and lawmakers see the full probe report."Game Over," Trump tweeted, using a "Game of Thrones" style montage ...

Entertainment »

Shanta Jahan in Australia for hosting


Sheikh Arif Bulbon :Shanta Jahan is a popular host of present time. Though she acts sometimes but always feels comfortable to present herself as a host to all. For the first time Shanta went to Australia to host a show. She left Dhaka at night on April 18. Today is ...

Editorial »

One is punished for another's sin!


LOCAL media reported that a day labourer was allegedly sent to jail on Wednesday for not paying electricity bill of Tk 4007, even though his house at Mochagora village in Muradnagar upazila in Cumilla district had no electrical line. On Thursday evening, Chief Judicial Magistrate granted him bail after hearing ...

Cricket »

Sri Lanka dump Chandimal, bring back Thirimanne for World Cup


AFP, Colombo :Sri Lanka Thursday dumped established stars including former captain Dinesh Chandimal to hand batsman Lahiru Thirimanne and leg-spinner Jeffrey Vandersay a place in their World Cup squad.Chandimal, who was one-day captain until last October, wicketkeeper-batsman Niroshan Dickwella, off-spinner Akila Dananjaya, openers Danushka Gunathilaka and Upul Tharanga were all ...

Cricket »

Senior players need to take the responsibility: Faruk Ahmed


Former chief selector Faruk Ahmed insisted on the performance of the senior players, stating that they need to take the onus if Bangladesh want to do well in the upcoming ICC Cricket World Cup.According to Faruk, the condition should give Bangladesh a confidence, given that they stormed into the semifinal ...

Entertainment »

Mehazabien’s Boishakhi works create viewers’ attention


Sheikh Arif Bulbon :For the last few years, Mehazabien Chowdhury established her strong position in media by virtue of her acting quality and skill. She is now getting positive response for acting in two Boishakhi plays. Afran Nisho was her co-actor in these two plays - Tom & Jerry and ...

International »

Turkish opposition takes control of Istanbul, re-run appeal still pending


Reuters, Istanbul :Turkey's main opposition candidate took office as Istanbul mayor on Wednesday after a stunning victory over President Tayyip Erdogan's AK Party, but the new head of the country's largest city still faces an appeal for the vote to be re-run.The final result of the March 31 local elections ...

Editorial »

Power politics in Egypt


A HUGE majority of Egypt's MPs on April 16 approved constitutional amendments to allow President Abdel-Fattah al-Sisi in power until 2030. The amendments were initially introduced in February, however after lengthy debates and discussions favouring the Egyptian society it was updated earlier this week. "The president's current term shall expire ...

Football »

Iniesta's J-League club Kobe part ways with coach Lillo


AFP, Tokyo :Barcelona legend Andres Iniesta's Vissel Kobe have terminated the contract of manager Juan Manuel Lillo following a poor run of results, the Japanese club said on Wednesday.The 53-year-old former Real Sociedad and Zaragoza boss won just two of six games since taking charge last October as star-studded Vissel ...

International »

US waging 'financial war' against Palestinians


AP, Ramallah, West Bank :The new Palestinian prime minister on Tuesday accused the United States of declaring "financial war" on his people and said an American peace plan purported to be in the works will be "born dead."In his first interview with international media since taking office over the weekend, ...

 
Items that you save may be read at any time on your computer, iPad, iPhone or Android devices.
 
Are you new to our website? Do you have already an account at our website?
Create An Account Log in here
Email this news to a friend or like someone
Email:
Write a comment to this news