Dr. Forqan Uddin Ahmed :
Democracy and rule of law is a much-discussed broad subject. An independent judiciary is an indispensable requisite of a free society under the rule of law. Independence of judiciary means that judges are in a position to render justice in accordance to their oath of office without submitting to any kind of pressure or influence. The judiciary is beyond comparison with any other organs of the State. There will be no liberty if judicial power is not made independent. The provision regarding appointment of higher judiciary must be reviewed. Alternative institutions like, Ombudsman and Human Rights Commission should be made effective. This will give more breathing space both to the overburdened judiciary and the public.
Politics is an art of compromise. Democracy falters if the political parties do not return for what they have earned. Mutual exchange, compromise, dialogue, understanding are the merits and force of democracy. When the political parties fail to draw a rule of the game of politics democracy hinders. Ambition, Avarice, personal animosity, party opposition, and many other motives are the characteristics of political parties or ruling authorities. Human shortcomings will always lean on general politics and morals. But other qualities of human nature, which has rational dimension pointing towards freedom, peace and security must be nurtured. Qualities of human nature to some extent have to be forced upon by the government by attending the laws on election and some other laws which are opposed to rule of law. For the same reason, ordinance making power of the President should be reviewed. Fair candidates are supposed to be more rational than candidates swept away by greed. People should not be punished for opposing the government. Public opinion should be allowed to assess national opinion on government proposals and particular events. Tolerance in political activities should be encouraged. The people of Bangladesh want the present government to remain focused on the delivery of democracy.
Democracy in its true sense will be achieved if men of unimpeachable integrity and character, fearless, thoroughly impartial and not purchasable at any cost come up to uphold rule of law. Such people are available in Bangladesh but to encourage such persons to lead the nation is on the present government, which has not been able to cast aside the fear of executive pressure on such leadership. Rule of law is neither a rule nor a law, but a persuasive guide for the legislature, executive and the judiciary to mitigate the theoretical deficiencies in the Constitution, and mould it into a living democracy. Democracy for Bangladesh should be a democracy based on its socio-cultural and religious beliefs, for which the government will take initiative to make all sections of people aware of it, and it will be acceptable to all.
Establishing the rule of law is essential for the proper management of the state. Everyone has the right to justice as a citizen. If the rule of law is properly established at all levels in the country, it is possible to remove all injustices, oppression, torture, chaos, anarchy and corruption from the society. The importance of rule of law in establishing an ideal society and welfare state is immense. When the rule of law is ensured, good relations are maintained between the ruler and the ruled. Peace and order prevail in the country, which facilitates the security of life and property of the people and the provision of services to the people. Above all, for a welfare state, both the ruler and the ruled have an equal role or responsibility to establish the rule of law. It is the responsibility of the government or the state to ensure the rule of law by enacting reasonable and timely laws, enforcing the law and creating awareness among the citizens about the existing laws.
The court must be open and public. There needs to be rule of law in every sphere of administration. However, the laws of the British rule are still in force. This is not timely, so it would be timely and expedient to reform and repeal some laws. Arbitrary power and domination can be prevented only through law. The law must be neutral. The constitution of a state is the main source of law of a state. The judge will give a constructive verdict on the basis of fairness and justice. Let us all fulfill our responsibilities and duties properly as good citizens of the country and respect the law. Through the establishment of the rule of law we would be able to build a happy and prosperous golden Bengal. Only then, the dream of nation’s father will come to a reality.
(Dr. Forqan is former Deputy Director General, Bangladesh
Ansar & VDP).
