CEC breached Constitution, interim govt applied conspiracies: Home Minister

The Chief Election Commissioner (CEC) breached the constitution and his oath of office by distributing forms for the oath taking of members of the Constitution Reform Council, alleged Home Minister Salahuddin Ahmed on Tuesday.

He also dubbed the entire process involving the "July National Charter (Constitutional Reform) Implementation Order" as documents validating the interim government’s “relentless conspiracies.”

The BNP lawmaker made the remarks in response to a proposal, which the opposition tabled at the National Parliament, calling for the maiden session of the Constitution Reform Council.

Salahuddin attempted to highlight the legal irrelevance of the Order by drawing attention to how it is in direct conflict with numerous articles and provisions of the Constitution.

The Chief Election Commissioner took oath under Section 148 of the Constitution. Yet, no provision of the Constitution allows him to send to the Secretariat forms for the oath taking of members of the Constitution Reform Council, Salahuddin said, branding the council as a “non-existent body.”

Later, he proposed forming a special parliamentary committee, incorporating all the political groups being represented at the parliament, for discussing Constitutional reforms.

The opposition leader, Jamaat-e-Islami chief Shafiqur Rahman, accepted the proposal, but called for a 50-50 representation of the opposition and ruling parties in the new committee.

Later, Law Minister Asaduzzaman outright rejected Shafiqur’s proposal, saying it was discriminatory and unprecedented in the world for a ruling party with convincing majority and a weak opposition to get equal shares in a parliamentary body.

The law minister claimed that despite reservations Shafiqur still supported Salahuddin’s proposal.

To this end, he formally called on the Speaker to form a parliamentary committee on pursuing constitutional reforms.

The committee would discuss the July National Charter, including the ruling party’s “notes of dissent.”

'President not eligible to issue order'

The July National Charter (Constitutional Reform) Implementation Order was issued by President Mohammed Shahabuddin.

However, according to the Constitution, the president has no authority to issue orders, he can only promulgate ordinances, said Salahuddin Ahmed.

The president could enjoy no powers for issuing orders since 7 April 1973, he added.

He also alleged that the referendum ballot on July National Charter implementation had four questions, but only three pertained to the charter agreed to by all the active political parties, including BNP.

One question did not have similarities with the Charter, and general people were forced to give consent to it as well, he alleged.

'BNP always supported July Charter'

Salahuddin alleged that some are spreading rumours across the country that BNP is not in favour of the July National Charter, a set of legal measures aimed at pre-empting a reemergence of fascism in the country.

Contrary to the rumours, BNP has always supported the charter, he said.