For honorable foreign readers.

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Introduction

In the
current context of Bangladesh, various rumors are floating around in the media
and social media at home and abroad – the army will take power, martial law
will be imposed, but the reality is different. If martial law is imposed, the
constitution will naturally have to be suspended. But the constitution of
Bangladesh blocked that path. There is the highest punishment for suspending or
abrogating the constitution.

The
constitution of Bangladesh is written to ensure a democratic and representative
system of governance. Its main goal is to protect the people’s voting rights,
freedom and sovereignty. However, when the country’s elected government is
absent and an unelected illegal government is engaged in running the state,
the question arises – what measures are acceptable in the light of the
constitution? When can the army intervene according to the constitution? What
are the rights of the president and the way to resolve the crisis? I will
analyze it in the light of the constitution in this article.

Punishment for usurping power under
the Constitution

Article 7(a) of the Bangladesh
Constitution declares:

“If any person or group attempts to
suspend, abrogate or abandon the Constitution or in any other way to discredit
it, it shall be considered as treason and such person or group shall be
punishable.”

Therefore, suspending the
Constitution or attempting to seize power is considered a treasonable crime,
the maximum punishment of which may be the death penalty.

Powers of the President and the
Constitutional Role of the Army

Article 48(3) states that the
President shall act on the advice of the Prime Minister, but in special cases
the President may act at his own discretion, such as:

1.  
Articles 62 and 63: The President is
the Commander-in-Chief of the Army.

2.  
Article 141(a): He may declare a
state of emergency if there is “war, external aggression or internal disorder”.

At present, when an un-elected
interim government is running the country and its legitimacy is in
question—then the President’s duty may be to protect the constitutional and
state order.

Role of the Army: Not Independent,
Under the President’s Orders

It is very important to remember
that the military cannot act on its own under any circumstances. Independent
intervention by the armed forces would itself be unconstitutional, which would
fall under the provisions of Article 7A. But if the question of sovereignty
arises, then it is the duty of every citizen and government institution of the
country to take initiatives to protect sovereignty.

However, under the clear constitutional
order of the President, the military can do the following:

1.  
Restore public order

2.  
Ensure the security and integrity of
the state,

3.  
Protect the constitutional
framework.

A Possible Constitutional Solution

To resolve the current crisis in a lawful manner, the
following steps are constitutionally viable:

1.  
The President can declare a state of
emergency under Article 141(A).

2.  
The illegitimate transitional regime
can be dissolved.

3.  
A national unity caretaker
government (Interim) can be formed with representation from all political parties.

4.  
The armed forces will act under the
Presidential command to maintain law and order.

5.  
To organize free and fair elections
within a short period.

Moreover,
there is no possibility of the military taking power directly. The question now
is, will the president take such steps to resolve the current crisis in the
country or will he make some other decision?

Conclusion

Bangladesh’s democracy and sovereignty have reached a
critical juncture today. At this time, a peaceful solution is possible through
the use of the constitutional powers of the President without violating the
constitution. The army can never intervene unilaterally, but can play an active
role under the direction of the President to protect the constitution of the
state. Only in this way can the rule of law, democracy and stability of the
country be maintained.