পাতা:বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্র (পঞ্চদশ খণ্ড).pdf/১৯১

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বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্রঃ পঞ্চদশ খণ্ড

 Faced with this situation, Yahya appeared to make certain concessions. On 28 November 1969, he declared that he would promulgate a legal frame work for setting up a constituent assembly. He conceded the principle of one main, one vote, or representation on the basis of population. This was to give the Eastern wing 169 seats in an Assembly of 313. He also announced his decision to dismember one-unit. The concession on one-unit was obviously aimed at defusing the main divisive issue in the west, and thus pre empting the possibility of the anit—one—unit forces in Sind, NWFP and Baluchistan joining forces with the Bengalis in the assembly. The ground was thus cleared for representatives of the western wing to close ranks, unitedly to face the Bengalis. A calculated risk had, however, been taken, namely that of a united body to Bengali representatives passing a constitution which provided for regional autonomy on the basis of the six-point formula.

 There is no doubt that this remained a source of major concern for Yahya. Some unusual provisions in legal framework order, which was promulgated on 28 March 1970, reflected these anxieties and bore witness to the reassertion of the role of the army as the custodian of the interests of the ruling minority. Article 20 of the legal framework order provided that the constitution shall be so framed as to embody five fundamental principles which were enumerated. The fourth principle was formulated thus:

  All powers including legislative, administrative and financial shall be so distributed between the federal government and the provinces and the provinces shall have, maximum autonomy, that is to say maximum legislative, administrative and financial powers but the Federal Government shall also have adequate powers including legislative, administrative and financial powers to discharge its responsibilities in relation to external and internal affairs and preserve the independence and territorial integrity of the country.

 Article 25 provided that the constitution Bill would have to be presented to the president for authentication. It was further provided that the assembly would stand dissolved if authentication were refused.

 This provision was seen by the Bengalis as formally investing the Punjabi minority and the army with the power to veto decisions adopted by a majority in sovereing constituent assembly. Sheikh Mujib immediately declared that, while he welcomed the setting up of a constituent Assembly, consisting of representatives elected by the people on the basis of one man vote, in his view such a body would be sovereing and could not fettered in the exercise of its power to make a constitution by provisions such as Article 20 and 25. He called for the repeal of these provisions, and stated that in any event, such restrictions on people's sovereignty were illegitimate and invalid.

 Yahya proceeded with preparations for holding elections. He had made certain careful calculations. As noted earlier, the decision to dismember one-unit was aimed to unite the representatives of the western wing in opposing the Bengali demand for autonomy on the basis of six-points. He had further provided that if the assembly could frame a constitution within 120 days it would be transformed into a national legislature for five years; if it failed within that time limit to frame a constitution, it would stand