Amidst ongoing protests against the existing quota system for government jobs, the Bangladesh government has announced that the judiciary will decide the future of the quota system, leading to increasing debate over its constitutional basis.
Article 29 (1) of the Constitution of Bangladesh guarantees “equality of opportunity for all citizens in the employment or appointment to public service.”
However, Article 29 (3,a) allows the state to make “special provision in favor of any backward section of citizens for the purpose of securing their adequate representation in the service of the Republic.”
Constitutional experts assert that the quotas set by the government for various communities in government jobs are in accordance with this constitutional provision.
Eminent lawyer Shahdeen Malik said: “According to the constitution, the government must make special arrangements for the backward groups. But how it will be kept, how much will be kept for whom, is entirely a matter of government.”
Barrister Mahbub Uddin Khokon told Dhaka Tribune: “Those who are underprivileged have their quota as stated in the constitution. Quota was introduced in honor of freedom fighters. But that is now largely fulfilled.”
He expressed concerns that extending the quota to the grandchildren of freedom fighters could hinder the vision of the liberation war and the efforts to build a strong state.
Dr Shahdeen Malik also criticized the reservation of quotas for the grandchildren of freedom fighters, stating that the children of freedom fighters have already benefited from the quota system.
Deputy Attorney General Sheikh Mohammad Saifuzzaman commented on the court’s stance, stating: “The court said in its statement that the quota will be maintained as like as before. Nothing can be said until we get the full verdict of the court.”
He added that the recent court proceedings only mentioned the quota for freedom fighters, with no reference to other quotas.
Attorney General A M Amin Uddin said that the entire matter is now under judicial review and that the government cannot take any action until the judicial process is complete.