A contentious remark by Professor Ali Riaz, vice president of the National Consensus Commission, has sparked intense debate over the feasibility of amending the Constitution of Bangladesh through an ordinance.
The statement has led to sharp reactions from the Supreme Court, the legal fraternity, and political quarters.
During a press conference on 10 March, Ali Riaz asserted, “The Constitution can be amended through an ordinance; this has happened before in Bangladesh.”
His claim has been met with mixed reactions, with many citing legal precedents and constitutional limitations.
In response, Attorney General Md Asaduzzaman referenced his November statement, where he unequivocally stated, “Under Article 93 of the Constitution, everything can be done via ordinance—except constitutional amendments.”
When approached for clarification, Ali Riaz maintained that his remarks referred to the proclamations issued between 15 August 1975 and 9 April 1979, some of which led to constitutional changes later ratified by Parliament.
However, legal experts argue that those proclamations were issued when the constitution was suspended, whereas the current constitution remains in force.
Senior lawyer Manzil Morshed criticised the approach, stating, “Professor Ali Riaz has been leading the Constitutional Reform Commission, yet he had previously expressed support for rewriting the Constitution. Now, under political pressure, he is seeking consensus, but his credibility on the matter remains questionable.”
Meanwhile, former Supreme Court Bar Association Secretary Dr Shahjahan Saju firmly rejected the idea, asserting, “An ordinance cannot be used to amend the Constitution. Any such move must stem from political consensus; otherwise, if the next Parliament refuses to ratify it, the entire process becomes meaningless.”
Similarly, Dhaka Bar Association Ad-hoc Committee President Khorshed Alam Miah emphasised that ordinances can only modify laws in the public interest but cannot amend the Constitution itself.
The controversy comes amid broader discussions on constitutional reforms.
Initially, prominent lawyer Shahdeen Malik was appointed to head the Constitutional Reform Commission but was later replaced by Ali Riaz on 7 October.
Amid mounting scrutiny, Shahdeen Malik declined to comment, stating, “I have nothing to say on this matter.”
Ali Riaz continues to advocate for swift political consensus, urging 34 political parties and alliances to submit their opinions on 166 proposed constitutional reform recommendations.
Legal scholars and political observers, however, remain divided on whether any amendment attempt via ordinance will withstand judicial scrutiny.
The issue underscores a delicate legal conundrum—where historical precedents clash with current constitutional limitations—making the future of constitutional reform in Bangladesh an increasingly contentious affair.
