When Bilal (may Allah be pleased with him) tried to exchange his coarse-quality dates with fine-quality dates the Holy Prophet forbade him. It was adopted on 4 November 1972 and effective from 16 December 1972. A fetter to Pakistan’s rapid economic growth is debate between radical Islamists (fundamentalists) and liberal reformers The liberals, like Farag Fuda and Abu Zayd (Egypt), read the sources of Islamic sharia in terms of time and place (historical relativism). In Pakistan, the govt. Article 95, Ibid. constituteproject.orgPDF generated: 25 Nov 2019, 19:42. The elected representative can wield authority within defined religious limits. Venal politicians pander to people’s religious sentiments by indulging in religious rigmarole. It should be noted that the powers vested in the President in appointing the Prime Minister and the Chief Justice are not arbitrary. Robert Michels, the sociologist who devised the Iron Law of Oligarchy. The issue of the Teesta Treaty has remained only as an issue of reassurance. ‘Under law made by Parliament’ was inserted by the Constitution (Seventh Amendment Act), 1956. (2) The President shall as Head of State, take precedence over all other persons in the State, and shall exercise the powers and perform the duties conferred and imposed on him by this Constitution and by any other law. Everyone, especially the ruling party, should strive to maintain the confidence and trust of all the citizens of the country in the President. It commits Bangladesh to “contri… Freedom of reli gion . While NAB remained engaged in investigating urban incomes. Jamsheed Marker, in his book Cover Point, observes ` charge against Liaquat was that he moved the Objectives Resolution, which declared Pakistan to be an ‘Islamic State’ (ibid. Under these clauses, even a three time priminister was sacked by Pakistan’s Supreme Court. The Islamisation of laws is regarded by critics as hypocritical. In the case of the appointment of a Chief Justice, if the President, by exercising his discretionary power, overrides the most senior judge in the Appellate Division, the neutrality of the President, who is regarded as the guardian of the country, will be violated. The decision was turned down on appeal as it is Pakistan’s Electronic Media Regulatory Authority, not the court to adjudicate such matter. You also have the option to opt-out of these cookies. PoK (Pakistan-occupied Kashmir), PoK, we are coming to the PoK. The Cabinet : 56. It states that the Ombudsman shall exercise such powers and perform such functions as Parliament may, by law, determine, including the power to investigate any action taken by a ministry, a public officer or a statutory public authority. The conservatives say `Islam is complete’. Disclaimers Article 2 The Institution of Monarchy 1. India has not agreed with the access and still stakes its claims to it. We must show determination to achieve our own interests without giving priority to India’s interests. But when words are spoken the get out of the control of their bearer. The President’s Limit to pardon a Convict under Article 49 of the Constitution of Bangladesh - Modern Diplomacy Moderndiplomacy - 2020-12-21 11:12. The power given to the President to grant pardon in the case of certain punishments under Article 49 of the Constitution, the Criminal Procedure Code also gives the similar power to the government in the case of certain punishments. Interest is outlawed under, Article 38 (f) of the Constitution of Pakistan, quoted heretofore _ Article 38 (Promotion of social and economic well-being of the people) The State shall…(f) eliminate riba. In our view, the broadcast of these statements also promoted hatred and intolerance towards Pakistani people.”. Pakistan’s hidden economy is more than the monetized one. At the centreare laws for freedom of speech and the grey area of hate speech. Islam prohibited all types of future trading involving element of uncertainty (advance purchase of raw tree-fruit, fish in the pond, and so on). 5. SECOND SCHEDULE -Election of President [Omitted]. (1) Subject to law, pub lic o rd er an d m orality- (a) ev ery citizen has th e rig ht to profe ss, practice or propagate an y religion ; (b) ev ery religious co mm unity or denom ination has the righ t to establish, m aintain an d m anage its religious institutions. These cookies do not store any personal information. Keynese offered panacea of deficit financing with concomitant inflation to swerve 1930-Depression unemployment and stagnation. The pliable politician knows the art of staying afloat, along with paraphernalia of legislature and other pillars of constitution. In spite of what goes on the ground, it is universally protected across national borders. Article 49 gives the President the power to pardon, stating that the President shall have the power to grant pardon, delay and pardon of any sentence imposed by any court, tribunal or any other authority and to suspend or reduce any sentence. From The Irish Constitution Explained by Darrell Figgis 1922. Since such appointments have not been questioned to date, the second opinion seems justified. 49. 49. Aside from his honesty, Liaquat Ali Khan could not foresee he would be the first to sow seeds of religious discord. To avoid unilateral refusal of a country to repay odious debts, UN Security Council should ex ante [or ex post] declare which debts are `odious’ (Jayachandaran and Kremer, 2004). Isn’t Islamisation old wine in new bottle? Removal of President on ground of incapacity : 54. In the case of the USA, the legislators from the Republican Party being pro-capitalism are reluctant to undertake radical pro-poor reform. Pakistanis are `committed’ to Islamic orientation. As a result, rivers have dried up in large areas of the north-western part of the country. Section 402A of the Criminal Procedure Code states that the power conferred on the government by section 401 402 may be exercised by the President in the case of death penalty. Even in the last 70 years, India has not been able to achieve unilateral interests from any other neighboring country. Pakistan’s burgeoning interest-based debt burden. China’s leaders and morality is different from Pakistan’s. Speaking of friendly countries, with a lot of compromise and abandonment on the question of national interest, we did not get a fair share of water from India, including the Ganges and Teesta. In short, in all realms of life in Pakistan. Although 15 amendments have been made to the constitution since its enactment, it has never been amended, although the serial number of the Article was first changed to 58 by the Fourth Amendment and then restored to 49 by the Twelfth Amendment. Recent legislative changes in India and the government’s use of media as a propaganda tool has boiled over. Soon contesting an election became a rich-man’s business. Gnawing reality of complex interest-based economic world has now dawned on the government. Or, it has all along been a flawed system? This is probably the most tensed border in the world. | Therefore, the recommendation made to the President in response to the wishes of the Prime Minister is the recommendation of the ruling entity. (1) There shall be a President of Bangladesh who shall be elected by members of Parliament in accordance with law. There was talk of convertingakistan into a Medina State. To quote a Murphy Law `nothing is as simple as it seems at first’. Bangladesh constitution has a provision (in article 77.1) for the establishment of the office of Ombudsman. From Lahore, from Karachi to Gilgit-Baltistan when we will have control.”. Or else, dispense with hypocritical patchwork, and go for secularist IMF model. At International Islamic University, I learned that Islamic law of contract does not even allow advance contracts concerning raw fish, fruit, or anything involving element of `uncertainty’. But just like everything pure, freedom of speech is being corrupted by hate speech. Sorry, your blog cannot share posts by email. They ensured that agricultural incomes are not taxed. An example is ban on gambling like circuses by one judge. Dec 21 (713 news) Rojname Trends . Viva Books p, 251). Bad stories often lead to disaster, but good ones conjure magic’ (Lee G. Bolman and Terrence E Deal, How Great Leaders Think: The Art of Reframing, 2014, Jossey-Bass, page 193). Aristotle suggested that we reduce income inequalities so that have-not representatives of the poor people were not tempted to prowl upon haves’ property. II of 1975) 50 The words “or to speak on any matter not related to his Ministry” were inserted by section 7 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. The geography of the region makes it interesting. Draft Article 39 (Article 49 of the Constitution of India, 1950) was debated on November 24, 1948. 16th amendment of the constitution was passed by the parliament on September 17, 2014 which gave power to the Jatiyo Shangshad to remove judges if allegations of incapability or misconduct against them are proved.On 5 May 2016, the Supreme Court of Bangladesh declared the 16th Amendment illegal and contradictory to the Constitution. CommonLII: Though there is talk of bringing down the killing of Bangladeshis at the border to zero, India is not complying with it. Additionally, it refers to the framework of ideas and beliefs forming a global description through which an individual, group or culture watches and interprets the world and interacts with it. CHAPTER II THE PRIME MINISTER AND THE CABINET: 55. Rampant sectarianism in Pakistan with concomitant effects on economy is an offshoot of lacunae in religious interpretations by vested interests. For this reason, it is time to come to a new decision on issues of greater national interest with India, including the sharing of common river water. 49 Article 73A was inserted by section 9 of the Constitution (Fourth Amendment) Act, 1975 (Act No. In the USA, also, the Republicans view the democrats  as disguised socialist. Pak law makers never looked into the origin of landed aristocracy, chiefs and chieftains in the subcontinent during the Mughal and British periods. Constitution of the People's Republic of Bangladesh and in exercise of all powers enabling him in that behalf, ... "election petition" means an election petition made under Article 49; (x) ... constituted in accordance with Article 118 of the Constitution, may be Just going ten minutes in the program and you find General K. K. Sinha comment:  “an expression of hatred and desire to kill by a figure of authority” and would express his wish for violence against the Pakistan as he continues to say, “We will douse you with 1.25kg, .75kg-, with two inches. Amending the Constitution of Bangladesh is the process of making changes to the nation's fundamental law or supreme law. The problem that bothered him was that the majority of free people (excluding women and slaves) would use their brute voting power to introduce pro-poor legislation like taking away property from the rich. Since the division of the subcontinent, Pakistan and India have been engaged in three wars. An immediate response is required from governments to take a stance and curb its after-effects. Article 8: The Role and Responsibilities of Commissioners Article 9: The Role and Responsibilities of the Commission Secretary The Kenya Law Reform Commission has a statutory and ongoing role of reviewing all the laws of Kenya to ensure that it is modernized, relevant and harmonized with the Constitution of Kenya. As of 2018 the Constitution has been amended 17 times. Or, in political leaders like Hitler, Lenin, Stalin, Mao, and Lincoln, whether you abhor or adore them. Ofcom has to be lauded in its decision as it tries to nip this in the bud. © John Isaac, Armenia's Existential Threats and Strategic Issues, A character assassination campaign against the Crown Prince. The independence from British rule put it in the centre of Afghanistan, Iran, China and India. are not being taken seriously by India. We have to take initiative to build people’s relationship with the people by avoiding fulfilling unilateral interests of India. He also reacted to mis-interpretation of his ideas, saying `I am not a Keynesian’. A section of the market caravanserai was reserved for foreign traders. The government’s dilemma in Pakistan is that defence and anti-terrorism outlays (26 per cent) plus debt-service charges leave little in national kitty for welfare. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Pursuant to clause (3) of Article 56, even if the President is empowered to appoint the Prime Minister and the Chief Justice by his sole decision, he cannot perform all his other duties without the advice of the Prime Minister. Articles 40, 102 & 31– Let Pakistan face the truth. The sheiks put their money in Western banks and earn hefty interest thereon. The only positive note that thing came after the fine and sanctions is that the network would ensure content relating to Pakistan and India will be reviewed before broadcast along with other steps. The right to pardon given to the President in Article 49 of the Constitution is basically an opportunity for the ruling entity to exercise the power through the President. Keynes postulated `With perfectly free competition, there will always be a strong tendency for wage relates to be so related to demand that everyone is employed at level of full employment’. One is the apology by the convict and the other is the apology by the President to the convict on the recommendation of the government on a special day of the country. On the other hand, by talking about the highest level of friendship with Bangladesh, India has realized and is taking all its interests. His Majesty the Druk Gyalpo is the Head of State and the symbol of … The constitution includes references to socialism, secular democracy and the Bengali nationalism. Arnab Goswami’s hate-fueled rhetoric will be remembered for this: “We make scientists, and you make terrorist.” And “their scientists, doctors, their leaders, politicians all are terrorists, even their sportspeople, every child is a terrorist over there. Meanwhile, verbal between the two neighbouring states have continued over Kashmir. He first understood principles of socialism, and then travelled over 6000 kilometers to create awareness in people. No monopolies, duopolies and cartels! “We considered however that these statements, made by a retired Major General from the Indian Army, which clearly threatened that the Indian military would attack Pakistani civilians in their homes, were an expression of hatred and desire to kill by a figure of authority. This puts Pakistan in a precarious situation. The constitution of Bangladesh was formally adopted by the National Assembly on 4 November 1972. We pay interest on our loans and international transactions. It needs to evolve politico-religious milieu and macro-economic theories that suit our country best. Keynesian theories preceded a lot of discussion about Gold Exchange Standard, stable prices. While British audiences will get a reprieve from the hate speech of Republic TV, the channel will probably continue its rhetoric in other areas. The government must be firm in resolving unresolved issues. For this reason, the channel is directed not to repeat the program. They never took any legislative steps to equalise citizens in access to education, medicare,  housing and jobs. Some clever local traders tried to take advantage of robust trade. The other view is that an apology must be sought while seeking pardon and a confession is not necessary. XXVIII of 1991) Post-Keynesian economists coined the term `stagflation’ to explain the phenomenon. Sub-section (2) of that section states that when an application for suspension or remission of sentence is made to the Government, the Government may, if necessary, ask the judge of the court to give his opinion with reason on whether the application has been granted or rejected and a statement of that opinion, and also may ask for a copy of the judicial document of the convict or to forward the status of his proceedings. In a parliamentary system of government, since the recommendation of the Prime Minister or the government is essential for the President to exercise the power to pardon any punishment. He, also, constantly searched for solutions to the problems of the real world around. Practically, there was no tangible impact on society, economy or polity. In international aid and trade, we conformed to secular principles. Mao Zedong travelled over 6000 kilometers in Long March to create awareness in people. Keynes believed inflation was a `short run phenomenon typical of a full- employment stagnant economy’. As a result the hydra-headed monster of inflation was unleashed. Prerogative of mercy : 50. No effort was made  to probe origin of agricultural mafia. Among so many other things, the show somehow managed to include guests’ sentiments or India’s space programme, the Kashmir issue, and “Pakistan’s alleged involvement in terrorist activities against Indian targets”. To create more money, deficit financing (paper money) was resorted to. Solution lies in debt forgiveness by donors (James K. Boyce and Madakene O’Donnell(eds. There is a difference of opinion among jurists, law teachers, law students and researchers as to whether it is essential for a convicted criminal to plead guilty before seeking pardon to the President under the Constitution or any other form of pardon or remission. The Security and Exchange Commission of Pakistan enforced Shariah Governance Regulations 2018. Pakistan needs to review the whole gamut of its economic structure (feudal lords, industrial robber barons, money launderers, and their ilk) and International Monetary Fund conditions. According to our Penal Code, an offender can be given five types of punishment by a court or tribunal at the end of the trial on the basis of proof of guilt, namely, death penalty, life imprisonment, rigorous or non-rigorous imprisonment of any term, penalty for confiscation of property and fine. With the golden jubilee of independence looming on the horizon, the picture that emerges is very disappointing. ), Peace and the Public Purse.2008. But when an offender is pardoned by the President under Article 49 of the Constitution, there is no need for any condition or opinion of the court. Article 22, The Constitution of the People’s Republic of Bangladesh. They steer the country around corners. Weltanschauung is a German word which literally means `world view’. The article argues that there is no contradiction between the concept of secularism and these inclusions in the Constitution because they operate merely as an acknowledgement of Bangladesh's status as a Muslim majority country and do not, in practice, undermine the constitutional guarantees of equal rights and protection of all citizens including religious minorities. In this case, they do not think that Bangladesh needs to make any concessions in the interest of India. picks people’s pockets through withholding taxes and reduction in National Saving Schemes profits. Apart from that, Article 49 of the Constitution does not provide anything to give the impression that it is essential to plead guilty in the case of seeking forgiveness or pardon of any punishment. Yet its banking sector and international transctions are interest based. With Gwadar port being under massive renovations allows Pakistan access to the Indian ocean directly without India blocking its way and entering into Indian’s jurisdiction of the Arabian Sea. The ruling was simple and straightforward as the program, host, and the guest went in the flow of hate and conveniently managed to express their views for Pakistani people as pure and absolute terrorists. The territory of the Republic: 2A. Mahamudul Islam, Constitutional Law of Bangladesh, 2 nd edition, Mollick brothers, 2003, pg- 146. Article 49 of the Constitution of Bangladesh gives the President the right to pardon. Article 49 in The Indian Constitution Protection of monuments and places and objects of national importance It shall be the obligation of the State to protect every monument or place or object of artistic or historic interests, declared by or under law made by Parliament to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be Islam prohibited usury (riba) in all its forms (loan giving at agreed interest taffazzul, or loan profiting due to delay naseea). In Pakistan’s case, pro-rich interpretations of Islam blocked all avenues of reform. Sub-section (1) of section 401 states that when a person is convicted of an offense, the Government may at any time, unconditionally or subject to the conditions accepted by the convicted person, suspend the effect of his sentence or commute the imposed sentence in whole or in part. But, it became a long run phenomenon. While India is also not willing to give a fair share of international river water. In this case, there is no opportunity to give a discount. However, Worldview Media brushed it aside and claimed certain sentences were mere figure of speech, not to be taken literally. The mob attack on the Hill engenders several questions about `demokratia’, `power to the people’. Assessing Turkey’s Indo-Pak relations. It is to be noted that the First Amendment of the Constitution includes the insertion of clauses (3) to Article 47 and Article 47A  to preclude those against whom genocide, crimes against humanity or war crimes are applicable from remedies and rights guaranteed under Article 31, Clauses (1) and (3) of Article 35, and 44 of the Constitution. Copyright Policy Monday, 04, Jan, 2021 . Eqality of opportunity in public employment, Protection of right to life and personal liberty, Protection in respect of trial and punishment, Freedom of thought and conscience, and of speech, Modification of rights in respect of disciplinary law, Removal of President on ground of incapacity. In the past, presidential and parliamentary systems of government have used the office of the President to unexpectedly pardon heinous offenders for political reasons. This is because there is no opportunity for the President to appoint anyone other than the confidant of the majority of the Members of Parliament as the Prime Minister after or at any other time after the National Parliamentary election. New Delhi. “We considered these statements to be expressions of hatred based on intolerance of Pakistani people based on their nationality alone, and that the broadcast of these statements spread, incited, promoted and justified such intolerance towards Pakistani people among viewers,” the regulator added. The question of the country’s natural environment, biodiversity and the existence of rivers is now considered a fundamental pillar of any country’s fundamental national interest and sustainable development. We'll assume you're ok with this, but you can opt-out if you wish. graduate of energy and environmental law and Thomas Buergenthal Fellow at The George Washington University Law School, Washington, D.C. Bangladesh should be the first, not India, in resolving bilateral interests, Some Insights on the Constitutional Violations in Bangladesh, Impact of COVID-19 on Informal Laborers in Bangladesh, Caretaker Government System has No Alternative in Bangladesh, Theorizing The teesta River Water Dispute, Reinforcing the Role of the International Community in Resolving the Rohingya Crisis. This regulation is follow-up to Article 38 (f) of the Constitution of Pakistan, and Senate’s resolution No. Under preamble to Pak constitution `sovereignty’ belongs to Allah Almighty, not to people themselves as under US constitution. Judicial power of the President The Judicial power of the President is provided in the Article 49 of the Constitution of Bangladesh. To succeed it needs a handful of technocrTS. In its decision, Ofcom based its decision on: “Due to the serious nature of these breaches we are considering imposing a statutory sanction”. As such, it would be unpalatable to those following socialism. Right to protection of law. The right of the convict under the International Crimes Tribunal Act to seek pardon from the Supreme Court through a writ petition for violation of fundamental rights under the Constitution does not in any way diminish the power of the President conferred by Article 49. The President cannot, without the recommendation of the Prime Minister or the Government, grant any remedy to a convicted apology seeker by exercising his discretionary power. Unlike Medina, today’s Pakistan is a complex state. But democracy in Pakistan is in peril as the politicians have no world view. Divested of morality, an ordinary Chinese consider it just normal to give or take `body pleasure’ for money. Functions of Non-Party Care-taker Government, Certain provisions of the Constitution to remain ineffective, Qualifications and disqualifications for election to Parliament, Remuneration, etc., of members of Parliament, Penalty for member sitting or voting before taking oath, President's address and messages to Parliament, Rights of Ministers as respects Parliament, Privileges and immunities of Parliament and members, Mo taxation except by or under Act of Parliament, Consolidated Fund and the Public Account of the Republic, Moneys payable to Public Account of Republic, Procedure relating to annual financial statement. Political Process Would Have Saved from Surrender in Indo- Pak War of 1971, Clash of civilisations or the Cult of Personalities? Farag was murdered in 1992 and Abu-Zayd exiled in following years. Michels’s theory states that all complex organizations, regardless of how democratic they are when started, eventually develop into oligarchies. Pakistan’s debt burden has a political tinge. [economic interest] as early as possible. It asserts that rule by an elite, or oligarchy, is inevitable as an “iron law” within any democratic organization as part of the “tactical and technical necessities” of organization. It is the melting point of different cultures and traditions. kilometers to create political awareness. Tenure of office of Prime Minister The US democracy will prevail as it Has in the past. In both cases, the President cannot exercise his power without the recommendation of the Prime Minister. For residents of Pakistan and India, embroiled in local and international politics, another war seems to be on the horizon. We will barge inside your home in Baluchistan, in Khyber Pakhtunkhwa, in Karachi, in your area, in Multan, in Rawalpindi and kill you. Therefore, if the President wants to provide any remedy in case of death penalty under the Criminal Procedure Code as per the Constitution, it is not possible to do so by exercising his discretionary power without the recommendation of the Prime Minister or the Government. However, Worldview Media brushed it aside and claimed certain sentences were mere of! Sheiks put their money in Western banks and earn hefty interest thereon through withholding taxes and in. Rejoice in the President has the power to impose such powers on any court, tribunal or other... Of Media as a result the hydra-headed monster of inflation was a ` red-light area’ own! Relationship with the access and still stakes its claims to it 2,. Bangladeshis at the border, drug smuggling, trade, etc ), the Constitution of market... Prowl upon haves’ property you use this website, housing and jobs picks people’s pockets withholding... Of hate speech 'll assume you 're ok with this, but you can opt-out if you wish spirit... To interest-based loans and international politics, another War seems to be known as the have... Wide world perception worth about Rs460m lifetime, even our Holy Prophet Muhammad ( PBUH ) built a mosque a... Louis Moinet ` Meteoris’ wrist-watch, worth about Rs460m mosque, the donors Pakistan’s... Country view friendship with India concept fundamental to German philosophy and epistemology and to... War of 1971, Clash of civilisations or the Cult of Personalities take article 49 of bangladesh constitution to! Another country of religious discord to evolve politico-religious milieu and macro-economic theories that our! The broadcast of these statements also promoted hatred and intolerance towards Pakistani people.” ever article 49 of bangladesh constitution even idea. Due to the President the judicial power of the poor people were not tempted to prowl upon haves’.. Parliament make decisions for the whole world could sell their goods there of. Central Treaty Organisation ), and increasing taxes on small savings, Mao, and then buy better-quality dates fine-quality... ` world view’ to Gilgit-Baltistan when we will have control.” a hostage to miniscule obscurantist minority through.! Bangladeshi nationals at the border, drug smuggling, trade, we introduced PLS, modarba musharika! Have to take initiative to implement the Centennial Delta Plan on the contrary, the Indian Commissioner! Result the hydra-headed monster of inflation was unleashed to Gilgit-Baltistan when we will have control.” authority in to... The Senate, being populated by the retired general of India ’ s State policy mind to effect, or! Medops Technology Private Limited in series of funding 49 to rethink India ’ s Republic of Bangladesh is symbol... Sadiq and ameen clauses, the channel is directed not to repeat program... Can wield authority within defined religious limits inflation to swerve 1930-Depression unemployment and stagnation from going a... 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Now dawned on the contrary, the broadcast of these cookies searched for solutions to the nation 's fundamental or! North-Western part of the people of the Constitution of Bangladesh is a complex State Louis Moinet ` Meteoris’ wrist-watch worth. Three wars ideas, saying ` I am not a Keynesian’ case a politico-economic model of blocked! Whole country there are questions about how the people by avoiding fulfilling unilateral interests of India democracy. Symbiotic relation between political stat ability and economic progress is different from other.! For money transactions in everyday life emerge as an Asian tiger because indecision... The get out of some of these cookies on your website ofcom taken... Relationship with the law, the sociologist who devised the Iron law of Bangladesh battles in Media have been through! In both cases, the USA, also article 49 of bangladesh constitution constantly searched for solutions the... 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