Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Tuesday, February 19, 2019 11:59:49 PM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Commentary

Breaking constitutional oath is like denying allegiance to Bangladesh

photo by

By MAINUL HOSEIN
23rd-Mar-2016       
Comments
Share your thought
Post a comment »
Read all () »

The Chief Justice Mr. Surendra Kumar Sinha tried to remind the two ministers now facing contempt proceedings of the danger of violating their constitutional oath of office. To be honest, many ministers do not care to be conscious that they cannot remain ministers by violating their oath of office to preserve and protect the Constitution.Our history of political turmoil is that ministers are not used to take their oath of office to preserve and protect the Constitution seriously. The solemn oath of office for the  Prime Minister and ministers is the same and not respecting the same means, apart from denying his obligation to protect, preserve and defend the Constitution, disowning his true faith and allegiance to Bangladesh, his pledge to do right to all manner of people according to law without fear or favour. So anyone who breaks his oath of office also breaks faith with himself and the country.In our country we have to be cautious while hoping that the Constitution is safe in the hands of politicians and they will protect the Constitution. Because power corrupts and to politicians it is not unusual to manipulate the Constitution to concentrate power to remain in power.It cannot be denied that all right minded persons are deeply concerned about the present indications as a real threat to the democratic Constitution. Already one of the basic structures of our democratic Constitution, namely, free and fair elections for public offices, are losing their relevance. The erosion of the Constitution is happening before our eyes.The constitutionality of the power of impeaching Supreme Court judges by the one house parliament monopolised by the government should be seen as a clear usurpation of the independence of the judiciary with a suicidal motive. But this issue can be decided only by the Supreme Court. In our view by this step the government is violating another basic structure of the Constitution. The Supreme Court has held that the separation of powers is a basic structure of the Constitution. If the executive branch can keep another branch, the judiciary, at its mercy then the constitutional injunction against interference with the separation of powers is denied.   The nation building political leaders everywhere do their utmost to uphold the sanctity of the Constitution by observing it carefully. The democratic Constitution is for making safe political continuity through peaceful transfer of power. True political leaders know more than many others how important it is for the government to obey the people-given Constitution for peace and order in the country.A government that violates the Constitution encourages others also not to respect the Constitution. The political leadership has to know it leads to anarchy in the country. Only the shortsighted leaders will not care about long term consequences. Their leadership is not even safe for themselves.It is true in many countries that the ministers, whatever be the language of their oath of office, tend to regard the Constitution as needed for protecting them in power and not feel bound by it. They change it at their free will to suit their convenience. It is considered right by them even to go to the point of replacing the people's Constitution by one of their own forgetting that once the Constitution becomes a personal matter of the rulers the constitutional legitimacy is gone. The power struggle begins for power to prevail. Bangladesh itself has a bitter history.A legitimate government derives its authority from the people's Constitution and the fundamental rights guaranteed for the individuals by the Constitution must remain inviolable in the hands of the government.The real protector of the Constitution is the judiciary headed by the Supreme Court. Our Constitution has trusted the judiciary with the power of declaring any of the government acts illegal or unconstitutional. With this power of the judiciary, it protects the constitutional system of democracy and the rule of law. So it is imperative for the judiciary to be brave and vigilant if the Constitution and democracy under it are to be protected. The judiciary under democracy is an international force, not just the people's power. It is this judicial prerogative to decide what is unconstitutional being in conflict with the Constitution that protects the supremacy of the Constitution.

Tariff
Add Rate

News Archive

Inside The New Nation

Editorial »

Not memorization, students need analytical involvement


ABOUT one lakh students have applied to the Directorate of Primary Education (DPE) of the Primary and Mass Education Ministry for reexamination of their results, claiming that justice will be established if the authorities work properly. Some of students who failed in the examination alleged that they did not get ...

International »

`Crime may have been committed` by Trump: Ex-FBI official


AP, Washington :Former FBI Deputy Director Andrew McCabe said in an interview that aired Sunday that a "crime may have been committed" when President Donald Trump fired the head of the FBI and tried to publicly undermine an investigation into his campaign's ties to Russia. McCabe also said in the ...

Entertainment »

Moury Salim prefers challenging roles


Sheikh Arif Bulbon :Actress of present generation Moury Salim has been engaged with acting for many days. Though she has been busy with acting for long time but could not get the opportunity to work in challenging roles properly or the directors did not utilise her acting quality appropriately. On ...

Cricket »

Girona beat Real Madrid


BBC Online :Real Madrid missed the chance to go second in La Liga as Girona came from behind to record a surprise away win on Sunday.Casemiro powerfully headed in from Toni Kroos' deep cross from the right wing to give the hosts a first-half lead.Cristhian Stuani's penalty made it 1-1 ...

City »

Director General of Bangladesh Agricultural Research Institute Dr. Abul Kalam Azad speaking at the inaugural ceremony of a training programme on 'Marker Assisted Selection' at its seminar room in Gazipur on Monday.


.

Editorial »

Take hard-line against tax eviction by working foreigners


THE international organisations and development partners working in Bangladesh did not surrender or renew the Customs Passbooks of their 395 non-Bangladeshi staff till the date. The National Board of Revenue had directed them to complete the task within the January 31 deadline, newspapers reported. According to NBR, employees of 21 ...

City »

40 DU students get Sumitomo Corporation Scholarship


City Desk  :A total of 40 under-graduate students from different academic years of Dhaka University (DU) have been awarded Sumitomo Corporation Scholarship of Japan today February 17, 2019 at Nabab Nawab Ali Chowdhury Senate Bhaban of the university.Dhaka University Vice-Chancellor Prof. Dr. Md. Akhtaruzzaman presided over the function while Treasurer ...

Cricket »

Sri Lanka sensation Perera hailed for Test-winning heroics


AFP, Colombo :Kusal Perera became a national hero in Sri Lanka on Sunday after scoring an unbeaten 153 to guide his country to a sensational first Test victory in South Africa.The country's cricket legends and politicians lauded Perera, who has become a linchpin for the ailing national side since fighting ...

International »

Japan PM nominated Trump for Nobel after US request


AFP, Tokyo :Japan's Prime Minister Shinzo Abe nominated US President Donald Trump for the Nobel Peace Prize last autumn after being requested to do so by Washington, a Japanese newspaper reported Sunday.Washington sounded out Tokyo over the possibility of nominating Trump for the prize after his landmark summit with North ...

Entertainment »

Shraddha Kapoor obliges fans amidst a busy schedule


Actress Shraddha Kapoor obliges for some selfies with her fans amidst a busy schedule. The actress was pictured today in London where she is working on her upcoming project Street Dancer 3D. The official Instagram handle of Manav Manglani had recently posted pictures of her taking selfies for her fans ...

Editorial »

Ensure safety for patients in the hospitals by any means


CITY'S Shaheed Suhrawardy Medical College Hospital has started operations after a messy situation caused by fire on Thursday evening. Director of the SSMCH said a total of 1,174 patients, including 72 children, were shifted to other government hospitals after the fire originated at the children's ward on the second floor ...

Sports »

Stunned Japan swimmers back stricken Olympic pin-up Ikee


AFP, Tokyo :Japanese swimmers have vowed to step up their efforts in support of Rikako Ikee, the poster girl for the 2020 Tokyo Olympics who has announced she is suffering from leukaemia.Earlier this week, the 18-year-old swim queen tweeted that she had cut short a training camp in Australia after ...

Football »

Capoue sends Watford into FA Cup quarter-finals at QPR's expense


Etienne Capoue's goal in first-half stoppage time was enough to give Watford a 1-0 win away to Queens Park Rangers (QPR) on Friday that saw the Hornets into the quarter-finals of the FA Cup.Both sides had opportunities in an even opening period that belied the fact that Watford are eighth ...

International »

Turkey has not revealed all about Khashoggi killing : Erdogan


AFP, Ankara :Turkey has not yet revealed all the information it has discovered about the killing of journalist Jamal Khashoggi in the Saudi consulate in Istanbul, President Recep Tayyip Erdogan said Friday."We haven't given all the elements we have at our disposal," the Turkish head of state said during an ...

Entertainment »

Fagun Haway' draws huge acclamation


Entertainment Desk :The premier show of 'Fagun Haway', a movie based on the 1952 Language Movement, draw a large number of film loving people at cinema halls.Actor turned director Tauquir Ahmed directed the movie which was released simultaneously at 52 cinema halls across the country.The story of the movie was ...

 
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