The 16th amendment verdict re-confirms government`s dismal failures

THE full verdict of the Supreme Court (SC) judgement on the defunct 16th Amendment to the Constitution may come to the present rulers as somewhat disturbing but in fact, it is a shocking reconfirmation about the reality of today’s Bangladesh. However, the release of the mammoth 799 page verdict is far more than just a typical judiciary versus government conflict — where close observations on crucially important topics like the dangerous and crippling state of State and Society, Election Commission to Parliament and the horrific rise of prevailing mediocrity and political nepotism in all spheres of life once again puts the country in the limelight. Corruption is rampant. Their Lordships of the Supreme Court in the unanimous verdict said nothing new about anarchy in the government. But these ugly aspects of the government have been revealed as judiciary’s findings and the right response of the government should be to face the truth.

The fact is Parliament has ceased to represent the people. The members have defied people’s vote and the government depending on voterless elected parliament as power base cannot be people’s government.

The government warns everybody that election has to be in accordance with the Constitution. But under which Constitution? The constitutional amendment for holding the national election under their own government was introduced by a parliament not duly elected. The Constitution they changed to keep them in power is not acceptable for free and fair election.

It is too much to expect that men in power can admit their failures or give up their determination to win captive election. They have gone quite far in the hope of not having to leave power and face the people.

What is a hopeful sign is that the Supreme Court as protector of the Constitution and democracy has asserted its position. No dictatorship or corrupt government can survive if the judiciary remains fully conscious of its responsibility. The judges can be trusted because they have no political ambition and that is the reason why the people have vested the power in the Supreme Court to be the protector of the Constitution. But we shall need the cooperation of all sections of the people to establish the people’s government.