Bangladesh Jamaat-e-Islami and the National Citizen Party (NCP) have dismissed Chief Whip Nurul Islam Moni’s remarks about abolishing or “burying” Article 70 of the Constitution, while the BNP has welcomed the initiative to reform the provision, which has remained in the Constitution for 54 years.
Article 70 of the Constitution of Bangladesh is an anti-defection provision that requires a member of parliament (MP) to vacate their seat if they resign from their party or vote against it in parliament.
Speaking to journalists in the Parliament building tunnel after the presidential election, Moni said Article 70 would be abolished or “buried” through a consensus among all political parties.
He said the parliamentary and presidential elections had to be conducted under the existing legal framework because Article 70 remained in force.
“The interim government led by Professor Dr Muhammad Yunus was formed through a process that followed the existing Constitution. The election commission was formed, the voter list was updated and constituencies were redrawn in accordance with the Constitution.
“Later, representatives voted, took their oaths and joined parliamentary sessions under the same Constitution. Therefore, as Article 70 remained in force under the existing framework, there was no alternative but to comply with it.”
Moni said: “We want Article 70 to be buried in the next election by amending the Constitution through discussions and consensus with the opposition parties. In the future, presidential and other elections should be held in a free environment without the restrictions imposed by Article 70.”
Jamaat: BNP wants political credit
Dr AHM Hamidur Rahman Azad, coordinator of the 11-party alliance and assistant secretary general of Bangladesh Jamaat-e-Islami, said the BNP was seeking political credit.
“Without implementing the July Charter, the BNP has buried everything. Now, after the presidential election, they are talking about burying Article 70 to engage in credit-seeking politics. They have already established a culture of bad politics,” he told Dhaka Tribune.
He said reforms could be implemented through the July Charter and the referendum verdict.
“Article 70 is a settled issue. The BNP now wants to engage in credit-seeking politics over it. If they genuinely wanted to abolish it, they would have done so before the presidential election. But they did not,” he said.
“They curtailed the freedom of MPs and are now shedding crocodile tears. After the election, they are making such statements to deceive the people again. We do not attach importance to such statements. They are deceivers.”
Azad accused the BNP of using “old methods”, including politicization, occupation and looting, and said it was making a “major mistake” by failing to implement the July Charter and referendum verdict.
“We are being forced to take to the streets with the people. We will build resistance to implement their verdict and represent the people,” he said.
NCP: Remarks unconstitutional
NCP Joint Convener Sarwar Tushar accused the BNP of using Article 70 to intimidate MPs during the presidential election.
“Even if Article 70 did not exist, Mirza Fakhrul Islam Alamgir would have won. But using Article 70 to intimidate MPs is unconstitutional,” he told Bangla Tribune.
He said the chief whip had misinterpreted Article 70 by claiming that MPs would lose their seats if they did not vote for the party’s presidential candidate.
“There was no parliamentary session on Thursday, August 20. It was an election, presided over by the chief election commissioner as the returning officer. The Parliament building was simply used as the polling centre. It was an election, not a parliamentary session. Therefore, there was no reason for Article 70 to apply.”
Responding to Moni’s call to “bury” Article 70, Sarwar said: “They will bury Article 70? They are already burying the July Charter.”
He said the presidential election was supposed to be held in accordance with the July Charter and through a secret ballot. “Did that happen? It did not.”
Sarwar said the charter allows MPs to exercise independent judgment except on no-confidence motions against the party and money bills, but the BNP had added “national security” and “state of emergency”.
“What will they consider national security?” he asked, alleging that the BNP wanted to retain control over MPs.
The NCP supports reforming Article 70 to strike a balance between government stability and MPs’ freedom, he said, adding that MPs should remain barred from bringing no-confidence motions against their party but be free to vote independently on other matters.
Sarwar said all parties had agreed to this in the July Charter, but the BNP had added two provisions that weakened the reform.
“We do not attach much importance to these statements. They will do what they want and prioritize their own interests,” he said.
He accused the BNP of paying only “lip service” to reform while “consolidating their power”.
NCP Joint Convener and Kurigram-2 MP Dr Atiq Mujahid said abolishing or retaining Article 70 after the presidential election would amount to the same thing.
“We have already stated our position in the July Charter. We have said what kind of application of Article 70 we want in Bangladesh,” he told Dhaka Tribune.
The NCP supports retaining the provision only for money bills and one or two matters, such as no-confidence motions, while allowing MPs to vote freely on all other issues.
“They have now held the presidential election under the old system and are seeing that there will be no trouble for five years. After serving their own interests, they are now calling for Article 70 to be buried. So abolishing it now and retaining it are essentially the same thing.”
Atiq said the remarks were intended to convince people that the BNP supports reform, while “in reality, they do not properly accept the idea of reform”.
He said people had the right to question the BNP when its words and actions did not match. He also questioned another BNP leader’s claim that the opposition’s oath to the reform council had become invalid because of compliance with Article 70, saying: “It seems they are trying to fool everyone.”
He said the NCP would discuss the matter collectively when a bill is placed before Parliament.
BNP welcomes reform
Whip and Lakshmipur-4 MP ABM Ashraf Uddin Nijan defended Moni’s remarks.
“Article 70 has remained in the Constitution for 54 years. Now the chief whip has talked about burying it. That should be welcomed,” he told Bangla Tribune.
“We signed the July Charter. Our parliamentary leader and Prime Minister Tarique Rahman has said the July Charter will be implemented to the letter. That is the direction in which we are gradually moving.”
Nijan said reforms did not have to be implemented overnight.
“Where nothing has happened in the past 54 years, if we can establish even 30% good governance or lay a positive foundation, what is wrong with that? Everything cannot be implemented all at once,” he said.
He said people had brought the BNP to power by trusting Tarique Rahman, who had “already established himself as the leader of positive change”.
“If the people do not want us, we are also prepared to go to the opposition,” he said.
“I think those currently in the opposition should welcome the government’s positive initiatives in the interest of the country and the welfare of the people.”
