বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্র (প্রথম খণ্ড)/৯৫
| শিরোনাম | সূত্র | তারিখ |
|---|---|---|
| ১৯৫৬ খসড়া শাসনতন্ত্র বিল পেশ ও তৎসংক্রান্ত বক্তব্য | পাকিস্তান গণপরিষদ | ৯ জানুয়ারী, ১৯৫৬ |
Excerpts from the speech of the Law Minister on the Fourth Draft Constitution
delivered on 9th January 1956.
The Honorable Mr. I. I. Chundrigar: Mr. Deputy Speaker, Sir.... The Constitution Bill, which is placed before you, is the outcome of prolonged discussions in the Coalition Party. The Hon’ble Prime Minister had invited the Leader of the Awami Muslim League Party.
The Leader of the Opposition and the leader of the Awami League Party to join in these discussions. Unfortunately, this party did not accept the offer of the Honorable Prime Minister. Other political parties remained in opposition in the day-to-day running of the Government. The constitution-making is a matter above party politics and it should be the endeavor of every member of the Constituent Assembly to appraise the constitution-making on national and not on a party basis.
I am sure all the members of this House will rise to the occasion and approach the task of constitution-making in a really national spirit. If any party or individual formulate their attitude on constitution making with a view to gaining a political advantage over rival political parties they will in my humble opinion, be rendering great disservice to the country and the nation. Future elections to Parliament must be fought on the programmes of political parties and not on what attitude any political party took in respect of constitution making. As an earnes’ of what I say, I can give the Honorable Members of this House an assurance that if any member of the Constituent Assembly were to make a useful suggestion for improving the Bill, I shall have no hesitation in accepting his suggestion.....
Sir, the constitution of a country may be of a unitary type or of federal type. We have in this bill provided for a federal type of constitution.
If you will look into it closely, you will find that it is of federal type and your criticism is unjustified.
The Leader of the Opposition say that if I look into it more closely I will find it of a unitary type. Well, I never expected the Leader of the Opposition to betray such a colossal ignorance of constitutional law. In the case of a country where there are provinces with certain legislative powers and certain executive powers and there is a Federal Government or a Central Government call it by whatever name you will - which has also legislative powers and executive powers, then it automatically becomes a federal form of government.
The Honorable Member should know that the Government of India Act, 1919, was not the Constitution of a free country. The Constitution of 1935 was passed on a Federal pattern.
It was a federal Form of government and it provided for a Federation and the Provinces.
It is no use copying my expression when the case fits you.
The 1935 Act contained a chapter on Federation and contained a chapter relating to the Provincial Governments. As there was a provision in the Government of India Act, 1935, that the federal part of the constitution shall come into force only if the number of native States prescribed therein to the Federation before the 15th August, 1947 when we became independent, therefore, that put of the Federal Constitution did not come into operation.
But if that part had come into operation, if had been put into force, it would have been as much as federation as we have contemplated here (interruptions by Honorable Members of Opposition). I know how the mind of the Leader of the Opposition is running. I do not propose at this stage to quote from some draft to which he was a party. But at the proper stage I may quote from that if you will be pleased to give me the opportunity. And I will show that the Federation which is contemplated in this Bill is more federal in character and distributes the functions of Government between the Federation and the Provinces in a far better way than the draft which was formulated.
I was only submitting that a constitution may be of a unitary or federal type. This constitution is of a federal type and this is in consonance with the resolution which was passed at the sessions of the All-India Muslim League and which was adopted and which provided autonomous provinces and here also provinces have been given autonomy as appears from the Fifth Schedule to the draft constitution.
If you try to understand the Fifth Schedule you will understand what improvement it had made.
You will find that it is a great improvement on any distribution which I have come across in any constitution....................