The interim government has identified 120 proposals from the recommendations given by the five reforms. There are two issues that will require amendments to the Constitution for the implementation. But the government has also decided to implement these two issues by issuing the ordinance. One of these has already been issued with the ordinance. Later, the Constitution is amended and the new paragraph will be added to the Constitution.
Law experts believe that the issue of implementing the constitution will be issued in the future. They say the interim government has been formed in the special circumstances of the mass uprising. This government has no constitutional validity. Now the constitution may be amended, the question may arise if the decision is implemented through the ordinance.
As part of the promised reform program of the interim government, the National Unity Commission is in dialogue with the political parties on five proposals recommended by the five reforms. Apart from this, the interim government has identified 120 proposals without dialogue. The Cabinet Division has directed the implementation of the proposals by issuing the ordinance as Parliament is not effective. The Cabinet Division has also sent a letter to the concerned office on March 7, directing them to implement these recommendations of the Commission, the department or the government department. Of these, two proposals of the judicial reform commission are to be amended and implemented. In the case of these two proposals, it has been asked to take action on the amendment of the Constitution.
The Reform Commission has recommended the formation of an independent and independent commission for the appointment of judges other than the Chief Justice. The law and the judiciary, the Supreme Court, the Ministry of Public Administration, the Parliament and the Finance Department have been given the responsibility of the implementation of this recommendation. In this case, the new ordinance has been issued and the formation of the commission and the amendment of the constitution. The government issued the appointment ordinance of the Supreme Court on January 25.
However, the government offices implementing this decision have been directed to add paragraph 1 (a) of the Constitution in this regard. Article 5 of the Constitution states about the appointment of Chief Justice and other judges of the Supreme Court.
On the other hand, the decision to establish a permanent national attorney service instead of temporary system in the appointment of a government law officer has been kept in the list of immediate implementation. It has been given the responsibility of implementing the law and the judiciary, the Ministry of Public Administration and the Finance Department. According to the actions of these government offices, the Attorney Service-related Constitution adds a new paragraph 1 (a), formulation of ordinance for the establishment of the National Attorney Service, formulate the necessary rules for formulating the ordinance, the amendment of the criminal procedure, the Bangladesh Law Officers Order, 12.
It should be noted that Article 5 of the Constitution states details about the appointment of the Attorney General. A new paragraph should be added to this paragraph of the establishment of a permanent national attorney service.
Supreme Court lawyer Jyotirmoy Barua said the question would be raised in the future if the constitution was amended and implemented through the ordinance. He told today's magazine, 'The question will be raised later about their legality. The arguments that come up in the issuance of the Ordinance are in the light of Article 5 of the Constitution. Then maybe the Constitution Amendment will try to justify the ordinance. It is difficult to say how much they will not survive or survive in the future. '
Jyotirmoy Barua said, “According to the existing constitution, the government is not valid, it is necessary to rectify it. The basic question also comes when it comes to raising whether the activities of this government are valid or illegal. We have accepted this government because of the special situation. So why not accept their ordinance? I support that the Attorney General Service is talking about the judiciary reform. But the law that has been passed in the appointment of a judge is really very problematic. It will put the judiciary into various questions in the future. At one point, they will be in the challenges.
Article 5 of the Constitution is given the power to formulate an ordinance in Article 5 of the Constitution. It has been said that if he feels necessary to take immediate action to the President, he will be able to issue an ordinance. However, because of that ordinance, an ordinance that cannot be changed or abolished by the Constitution cannot be issued – it is said in the Constitution.
However, on March 7, Vice -President of the National Unity Commission, Professor Ali Riaz, said at the press conference that the constitution was amended through the ordinance.
The implementation of the asu
The ACC Reform Commission has six recommendations, out of the 120 reform proposals that are implemented in the immediate implementation. These include resolving conflict of interest in preventing state and legal power, enacting law-related laws, promoting the number of commissioners to five, the tenure of the ACC Commissioner five years, amending a section of the Income Tax Act and taking obstacles to eliminate any information or documents to the ACC.
In addition, the ACC's own salary structure, the districts where the ACC's offices are, the establishment of special judge's court, the cancellation of Article 12A of the ACC Act, the formation of different agencies in the investigation of high levels will be set up in the district, and the district office will be implemented.
Six proposals of the judiciary reform commission have been kept in the list of immediate implementation. Among them, circulars will be issued to formulate the policy of lower court judges, impose rules for the judiciary officials, establish independent criminal inquiry services, establish a commercial court, to eliminate obstacles to the appointment of other lawyers in the case filed against the lawyer.
Among the four recommendations of the Public Administration Commission, the formation of a permanent administration reform commission, amending the Right to Information Act, giving passports without police verification, keeping the list of criminal cases in the hands of the police is available online, restructuring the Internal Resources Department and strengthening the Upazila Parishad. In addition, if an employee does not get an increment in the departmental case after reaching the highest step of the promotion, he is not punished in the departmental case, then he is given on the next pay scale, appointment of 5 percent of the posts outside the Superior Executive Service, and the government officials in the past are voting for the investigation of the masses, money laundering, corruption and mass investigation.
Among the five proposals of the Police Reform Commission, implementing the police plan in five steps to dispel the unruly crowd, the formation of a full medical service for the police commission and the police; Ensure the presence of executive magistrates, local government representatives or local dignitaries during a search at someone's house at night; Steps are being taken against the arrest of non-FIRs, enacting security laws to protect the victims and witnesses, identifying the culprits to kill and injure the students during the mass uprising during the July mass uprising.
The 5 recommendations of the Election System Reform Commission on the list of immediate implementation are the amendment of the People's Representation Order, Amendment to the Election Commission Secretariat Act, Amendment to the Election Officer (Special Provision), Election Observation and Media Policy Amendment, Amendment to Political Party and Candidates, Amendment of Posts and Candidates.
