No Room for Confusion about the President’s Position
Hiren Pandit
Awami League candidate was elected unopposed in this year’s presidential election. Sahabuddin, who is a former Commissioner of ACC. Already the Gazette has been published declaring him the winner. According to the ACC Act, no Commissioner shall be eligible for appointment to any office of profit in the Republic after retirement. Now Md. After Sahabuddin was elected President, there has been a new discussion on whether the position is ‘profitable’ or not. The constitution does not say anything about whether the post of president is profitable or not. But it has been debated before and in 1996 the High Court ruled in a writ petition that the post of President was ‘not profitable’. Awami League elected former Chief Justice Sahabuddin Ahmad as the President after coming to power that year. Challenging the matter, it was said in the case that after retiring from the post of Chief Justice, one cannot sit in any profitable position in the state.
Attorney General commented that the post of President is not profitable. The idea of those who are spreading confusion that the position of President is a profitable position is incontrovertible and groundless. According to the law, the Election Commission expressed its opinion on whether the post of president is a ‘profitable’ post of the state or not. “The post of President is not profitable. This is a constitutional position. In that case, the newly elected president, the former Commissioner of the ACC. There is no legal obstacle to Sahabuddin’s assumption of the office of President.
At the end of the hearing, the court ruled that the post of President was ‘not profitable’; So Sahabuddin Ahmed is not prevented from becoming the President. Election Commissioner on the context of that judgment. Alamgir said in reply to the questions of the journalists, “It is clearly stated in that judgment that the post of President is not an office of profit. It is a constitutional term. Therefore, Justice Sahabuddin Ahmed’s assumption of the position of President was completely legal. The court dismissed the case completely. Since the High Court judgment is considered law, the currently elected president, even though he was an ACC commissioner, has no legal bar to assume the presidency. ACC law states that commissioners cannot hold positions of profit. But you will know that when the Election Commission has selected the nomination papers of the candidates for the post of President, it has taken the decision knowing the law.
“We have before us a clear example of the High Court that the post of His Excellency the President cannot be called a post of profit. It is said in that judgment, the Office of Profit shall mean those who are officers and employees of the Republic. It is clearly stated. What is meant by the term profitable, the law has clearly stated. In the case of posts of profit, it is said that, if the government has more than 50% of the money in an institution engaged in the work of the Republic, then the appointment will be called a post of profit. Here is the President or the Prime Minister or the Minister but not any officer-employee engaged in the work of the Republic. These are constitutional terms. Since they are constitutional posts, they do not come under the definition of profitable posts either.
It is written in the law, if there is not more than one candidate, and after selecting the nomination papers, if it is found that the nomination papers are correct and valid, then he will be declared elected at that time. There is no need to wait for it to be withdrawn. The government party Awami League as a candidate for the presidential election on February 12. Nominates Sahabuddin. The Election Commission (EC) announced him as the next president on February 13, as he was the only candidate for this post. The current president. Abdul Hamid’s term expires next 23 April.
The newly elected president. Sahabuddin was earlier the Commissioner of the Anti-Corruption Commission (ACC). When the World Bank removed itself from the Padma Bridge project on false allegations of corruption in domestic and foreign conspiracies, including performing important duties for the party, country, and nation as the ACC commissioner, Bangladesh fell into trouble if other development partners also removed themselves along the path of the World Bank. The image of Bangladesh is facing an image crisis in the world. Prime Minister Sheikh Hasina strongly rejected the allegations. Sahabuddin as the ACC Commissioner proved that there was no corruption in the Padma Bridge project. Because of his facts, the allegations were proven false in Canadian courts. Bangladesh is stigmatized. The country’s image shines on the world stage. It was the then ACC Commissioner Mohammad Sahabuddin who gave courage to Sheikh Hasina. Because he proved that there was no corruption in the Padma Bridge project. Time will tell if the confusion is spreading because these achievements may cause many people to burn out.
According to the law, persons holding the office of ACC Commissioner cannot hold any position of profit. Md. Controversy arose after Sahabuddin was elected President. “He is completely legitimate and the questions that are being asked about them are irrefutable. The President is in no way a person engaged in the work of government. Those who are arguing, if they know the matter well, will understand it themselves, it is not right for them to dispute it.
Awami League under the leadership of Sheikh Hasina has been in power for more than 14 consecutive years. The proof of how visionary and exceptional Sheikh Hasina is in decision-making was again found in the nomination of the new president. If you analyze the political events of the country in the last 14 years, you will find many such surprising examples. Surprises that have far-reaching political significance. It is a kind of political strategy. Attempts have been made to controvert those whose names have appeared in the media as presidents on social media. Some people on Facebook and YouTube are now playing the role-playing game. A President is the symbol of unity and sovereignty of the country. Any attempt to discredit him is an attack on the country’s constitution and sovereignty. Sheikh Hasina knows very well that a group is active. They are trying to make everything controversial. That is why she chose as president someone eminently qualified but a new one. It is being said in some media that whether the post of President is profitable is not clearly stated in the Constitution. This information is not correct. It is clearly stated in Article 66 and Article 147 of the Constitution that the office of the President is not profitable.
After Bangabandhu’s daughter Sheikh Hasina first came to power in 1996, she nominated Justice Sahabuddin Ahmad as president to keep the presidency above party identity. This nomination was an exceptional decision then. The election of a president without party affiliation was widely applauded. Awami League president and statesman Sheikh Hasina have given many messages through presidential nomination. Leaders and activists have received a message about what will be the form of party nomination in the next election. She also gave a message to political parties and civil society who are worried about the elections. President Sheikh Hasina has made it clear that she knows what to do and when.
The President, the highest constitutional office of the republic, has been debased. Even though the post of President is ‘profitable’, it is said to be ‘unprofitable’ in terms of eligibility for election to the post of Member of Parliament. This interpretation is contrary to the provisions of Articles 27 and 48 of the Constitution. That the office of the President would be considered ‘unprofitable’ in one particular case and ‘beneficial’ in other cases is not only unconstitutional but also ridiculous. Such an interpretation violates the principles of Constitutional Law, the General Clauses Act, and the Interpretation of Statutes.
Many believe that since Article 66 is a provision relating to the election of members of Parliament, there is no definitive provision in this Article on the nature of the office of the President. But in Article 147, where it is clearly stated, 8 posts including President, and Prime Minister will not be considered profitable posts, has he/she seen which part of the Constitution includes it? Article 147 is included in the eleventh part named ‘Miscellaneous’ in the Constitution. This ‘Eleventh Part’ of the Constitution is mainly regulative and interpretative. This section provides a definition and explanation of various provisions and words mentioned in the Constitution. The provisions contained in this part of the Constitution are applicable in all cases.
Article 147 includes provisions regarding the remuneration of 8 constitutional officers including the President. Sub-section 1 of this Article states how the remuneration, privileges, and other conditions of employment of constitutional officers shall be determined. It is said in sub-paragraph 2 that the persons holding all these positions including the President cannot continue in any profitable position or salaried position or status. The terms of this sub-paragraph state that the persons holding these constitutional posts including the President shall not be deemed to be holding the office of profit. Sub-paragraph 4 of Article 147 lists any posts including the President’s that will not be considered profitable posts. These positions are President, Prime Minister, Speaker or Speakers, Ministers of State or Deputy Ministers, Supreme Court Judges, Comptroller, Auditor General, Election Commissioner, and Public Works Commission members. This provision of the Constitution is general. This applies to all cases. Nowhere in this part of the Constitution i.e. Part XI or Article 147 does it state that this provision applies only to the election of Members of Parliament.
Even after Prime Minister Sheikh Hasina was entrusted with the sole responsibility of choosing someone as the President in the meeting of the parliamentary party, various names have been published in the media. But when the name was not discussed at all when the Prime Minister announced his name, then the newspaper reported on various names citing reliable sources, what impression did the readers have about it? Political parties can also have sources of news, sources of news are in various government and private departments. Throwing a rock in the dark is more likely to miss the target. This is what happened this time. It is generally believed that politicians cannot keep any information secret in our country.
The next national election is a big challenge for the Awami League and the government. By choosing a man experienced in politics, administration, and law as the head of state during that election, she once again showed that her treasures are not endless, she still has more surprises in her bag. It is mentioned in our existing laws which posts are profitable in the country. Representation of the People Order, 1972 (RPO) Article 12 of that law. Their jobs or posts in the People’s Republic of Bangladesh or statutory government authorities or companies with more than 50 percent government shares are called ‘profitable posts’. Profitable position.
66(3) of the Constitution states that no person shall be deemed to be holding any position of profit in the work of the Republic by being the President, Prime Minister, Speaker, Deputy Speaker, Minister, State Minister, or Deputy Minister. Despite this provision of the constitution, some quarters have brought forward a section of the ACC Act. According to the ACC Act, Commissioners cannot be appointed to any post of profit in the Republic after the end of their term. ACC Act is not the supreme law of the land. The supreme law of the country is the constitution.
Article 7 of the Constitution states that the supremacy of the Constitution 7 (1) All powers of the Republic shall be vested in the people, and the exercise of that power on behalf of the people shall be effective only under and under the authority of this Constitution. (2) As the absolute expression of the will of the people, this Constitution is the supreme law of the Republic and if any other law is inconsistent with this Constitution, that law shall be null and void to the extent of its inconsistency.
Therefore, those who are raising a dispute, if they know the matter well, will understand it themselves, it is not right for them to dispute it. There is no room for further confusion.
Hiren Pandit is a researcher and columnist