UITS Law Lecture Highlights Urgency of Constitutional Reform and the Persistence of Black Laws in Bangladesh
The Department of Law at the University of Information Technology and Sciences (UITS) recently organized a public lecture on constitutional reform in Bangladesh. The event featured Professor Dr. Muhammad Ekramul Haque, a prominent constitutional law expert from the University of Dhaka, as keynote speaker. The session was chaired by Professor Dr. M. Rabiul Hossain, Dean of the Faculty of Law, and attended by Professor Dr. Abu Hashan Bhuiyan, Vice Chancellor of UITS, as chief guest.
In his keynote address, Professor Haque underscored the need for a comprehensive overhaul of the Constitution to align it with democratic ideals, inclusivity, and justice. He endorsed several proposals of the Constitution Reform Commission, especially the revision of the preamble to acknowledge Bangladesh’s liberation through a people’s war and the integration of values such as equality, human dignity, and social justice as foundational principles of the state.
He stressed the importance of redefining citizenship by replacing the term “Bangalee” with “Bangladeshi” to reflect the country’s multi-ethnic character. He also called for the incorporation of economic, social, and cultural rights into the enforceable part of the Constitution, ensuring these rights are no longer treated as secondary or aspirational. Professor Haque further proposed the adoption of a single proportionality test to ensure that any limitations on fundamental rights are subjected to consistent and justifiable standards.
To promote intergenerational equity, he recommended appointing a commissioner specifically tasked with safeguarding the rights of children and future generations. On institutional reforms, he strongly supported the establishment of a bicameral legislature, with a Senate elected through proportional representation, and advocated for the formation of a National Constitutional Council to oversee key state appointments with representation from opposition and independent parties.
A central focus of Professor Haque’s address was the persistence of so-called black laws in Bangladesh’s constitutional framework—provisions and statutes that undermine democracy, civil liberties, and judicial integrity.
He pointed to Article 70 of the Constitution, which disqualifies Members of Parliament if they vote against their party, as a major impediment to genuine parliamentary democracy. This provision effectively prevents MPs from exercising independent judgment, making the legislature subordinate to party leadership and weakening the checks and balances essential to a functioning democracy.
He also highlighted the Special Powers Act of 1974 as a legacy of authoritarian rule that continues to enable preventive detention without trial. Though not constitutionally embedded, its long-standing use has made it a symbol of legal repression and a tool for silencing dissent. Professor Haque called for its abolition, arguing that its existence is incompatible with a rights-based democratic order.
The current system of judicial accountability through the Supreme Judicial Council was also identified as problematic due to its opaque procedures and lack of broader representation. He recommended replacing it with a more inclusive and transparent judicial oversight body that preserves the independence of the judiciary while ensuring accountability.
Another area of concern was the ability of Parliament to amend the Constitution without any requirement for a public referendum. Professor Haque emphasized that constitutional amendments, especially those altering fundamental aspects of state structure or citizens’ rights, should be subjected to popular approval to preserve democratic legitimacy.
The lecture concluded with a call for public engagement, academic input, and political consensus in building a new constitutional order rooted in the aspirations of the people. The UITS Law Department’s initiative reflects the vital role of academic institutions in fostering informed debate and contributing to the national discourse on reforming Bangladesh’s constitutional and legal architecture.
