The prime job of legislators' remains ignored

by Nazrul Islam Khan
December 10, 2009

http://www.weeklyblitz.net/348/the-prime-job-of-legislators-remains-ignored

The Parliament of Bangladesh entrusted with the solemn legislative powers of the Republic as recognized by the Constitution. It possesses the paramount authority to make, amend or modify any law and even the Constitution in prescribed manned subject to the 'basic structure' doctrine. Although the President entertains ordinance making authority but any ordinance pronounced by him subsequently requires to be ratified by the legislature. The quality as well as standard of legislations principally depends on legislator's knowledge concerning jurisprudence, legal principles, constitution, socio-economic condition of the country and so on. That's why; people need be more prudent in electing representatives of parliament.

Article 66 of the Constitution simultaneously prescribes some qualifications as well as disqualifications for election to Parliament. Any citizen of Bangladesh aged of twenty-five years is competent to be elected as a member of Parliament. But any one shall be barred if he or she (a) is declared by a competent court to be of unsound mind; (b) is an undischarged insolvent; (c) acquires the citizenship of, of affirms or acknowledges allegiance to, a foreign state; and (d) has been, on conviction for a criminal offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release. But in addition to the above mentioned qualifications to be successful legislator devotion and sincerity is must.

It is the prime job of legislators to ponder on law making but regrettably most of them discover diminutive interests in it rather desire to raise monetary fund, establish absolute ascendancy in pertinent constituency by ousting supporters as well as activists believing diverse faith and others monstrous actions. Very often they abandon the solemn responsibility and crave to stay beyond reach of law. In fact, a number of lawmakers for abundant times assume the position of lawbreakers.

There subsist a colossal figure of statutes that require updating to satisfy demands of time but who will take the initiative. Most of the members of Parliament possess petite knowledge pertaining to rules of procedure of parliament, rules of business etc. and that's why, they hardly feel at home in parliamentary session. This is one of the prime grounds behind quorum crisis in Parliament. Again, when they attend parliamentary session most of them like to chat each other in unusual manner and consequently when the Deputy-Speaker compared the assembly with market then he failed to secure anything other than annoyance as well as anger of some of its members.

The Constitution prescribes no expertise knowledge as a qualification to be elected as a member of Parliament. Therefore, after being elected for smooth performance of duties training on constitution, basic legal principles, parliamentary procedures, rules of business and others may be presented otherwise some of them may not guard themselves from redundant embarrassments. It may not unjust to recall that after the calamitous Peelkhana butchery a few ministers articulated that new statute would be passed for trial of BDR rebels. But it is at present an established principle of law that a person must be reprimanded under the law that was in force at the time of commission of offence and the principle is recognized by Article 35(1) of the Constitution which states, "No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than, or different from, that which might have been inflicted under the law in force at the time of the commission of the offence". In fact, the utterances of a few ministers as well as lawmakers were apparently in ignorance of law.

Recently, George Galloway, a British parliamentarian, visited Bangladesh who is elected from a constituency where reside a mammoth figure of voters of Sylhet district. During his trip at a press conference he articulated profound concern over Tipaimukh dam that will cause fatal environmental devastation in Bangladesh especially in Sylhet area. His actions as well as sincerity to defend the interest of Bangladesh shall undoubtly satisfy minds of the Sylhet originated voter reside in his constituency. It needs to be noted that to win the hearts of people is the greatest achievement for any true democratic leader. But unfortunately in Bangladesh allegedly to many parliamentarians personal interests entertain precedence over welfares of people.

The acts as well as actions of parliamentarian should be honest and dignified in nature. But allegedly many of them control underground world by patronizing heinous criminals. The law enforcing agencies are almost absolutely feeble owing to pressure from these political lords. The journalists hardly dare to disclose their atrocious actions although a large number of them tormented even in the hands of members of parliament. Recently, Sarah Begum Qabori, a parliament's member for ruling party aided by cadres at a meeting physically assaults a female Upa-zilla vice-chairman due to clashes of interests. Prior to the wicked event a few months back she assaulted a photojournalist also. Such vile actions of some members of parliament like Mrs. Qabori perceptibly, tarnished the image of parliament as well as people of the pertinent constituency indeed.

The members of parliament at first should concentrate on constitutional functions otherwise people must experience an ineffective legislature that shall serve no meaning purpose at all.

Md. Nazrul Islam Khan is an apprentice of Dhaka Judge Court and can be reached at nikhan_law@yahoo.com

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