Law Adviser Asif Nazrul believes that it will take a long time to formulate a new constitution.
“The constitution is framed by the national parliament. A constituent assembly drafts the constitution. In neighbouring countries, there have been instances where it took eight to nine years to enact a new constitution. So it may take a long time for us as well,” the adviser said while speaking at a discussion at the International Mother Language Institute in Dhaka on Sunday,
Until a new constitution is formulated, the existing parliament functions as the constitutional authority, he added.
“Until the new constitution is enacted, the current parliament will act as its custodian. It will make amendments to the 1972 constitution as needed,” he said.
He further noted: “When the constituent assembly begins its work, it will continue working on the new constitution. I think that process might take two to three years. Now, will I accept the 1972 constitution during those two or three years? While the MPs function during that interim period, they may try to alter some fundamental aspects of the current constitution, such as the powers of the prime minister, Article 17, decentralization of the higher judiciary, and the independence of the judiciary.”
Regarding incorporating the July charter into the constitution, Asif said: “Too much emphasis has been placed on the July charter. We are assuming that everyone will agree on many of its points. Perhaps some of its fundamental elements can be retained.”
On limiting the prime minister to two terms, he remarked: “It is a popular demand. I support it too. But saying two terms for the prime minister is not enough—you have to make a convincing argument. Try to find out which other countries have such a provision. None actually do. Be it India or the United Kingdom, nowhere is such a restriction in place. Limiting the number of terms is not the solution. The more important issue is reducing the excessive powers of the prime minister.”
Speaking on the authority of the upper house, he said: “The president can independently appoint the chief justice. In the Bangladesh constitution, the chief justice holds immense power—he is effectively the second most powerful individual in the country.”
