সংবিধান সংশোধনের সুবিধা রাখা উচিৎ
১০ ফেব্রুয়ারি ১৯৫৬
করাচী
The constituent assembly of Pakistan:
Sheikh Mujibur Rahman: Sir, I had no intention to intervene, but as the Honourable Member has given the assurance that all the treaties and pacts automatically come to the House and that it is the practice of the Government to bring up such agreements before the House, it is reassuring. But, Sir, you, being an old veteran parliamentarian know that here we see so many practices and conventions promised in our country and that we never follow them. That is the difficulty and that is why my friends on this side of the House have their misgivings. As we are going to make treaties with the whole world, they may be for the good of the country and they may as well harm the country. It will therefore, be the duty of the representatives of the people, who have returned as members of the Parliament, to discuss them so as to give their opinion whether the treaties are for the betterment of the country or otherwise, whether they are in the interests of the country at large or against its interests. It might be that these treaties will be placed before the House, as the Honourable Mr. Hamidul Huq Choudhury has assured us, and we can believe him but who knows that the present Foreign Minister may not remain in office for more than two months; it may even be one month. Then another Foreign Minister comes who may say that it is not binding on him because he has not declared in the Parliament or the Constituent Assembly that he will produce all such treaties before the House. In that case from whom we will ask why an assurance to this effect has not been fulfilled? The question, therefore, is quite clear that if there is no objection, if the sub-clause is there – knowing that there is no harm in making a provision like this – then what is the harm in accepting this short amendment. After all we are the people directly responsible to the people who have elected us to this House and we have a right to discuss all the pacts that are made by our country with other foreign countries. Therefore, Sir, I cannot understand why there sould be any hesitation in accepting this amendment and I appeal to them to consider over this matter. We have seen that people have been neglected by the Government and we fear that the same thing may happen again if it is not categorically provided in the constitution. We want this categorical clause. No country can live without international relations. We cannot live in isolation. We have to enter into friendly relations with different countries, and unfortunately, we may be having unfriendly relations with certain other countries. Since the Honourable Prime Minister is here, and in the absence of the mover of the Bill, I request him to accept this amendment if there is no harm. You accept one amendment of the Opposition! Parliament is Government might come and they feel that this flag is not up to the mark or another Party comes into power and they feel that the flag is not to their liking, that Government or Party then by ordinary majority votes of the Parliament can change the existing flag of Pakistan. This is the point, Sir, which I want to specially draw to the attention of my honourable friends opposite and, therefore, I request them to think over the matter in this perspective. As I told you earlier, the last Constituent Assembly by a resolution provided that this will be our national flag of Pakistan but today by majority votes we can change that resolution also. So if it is not categorically written in our Constitution that this is our national flag and this is our national anthem, the next Government might come and declare in the Parliament by majority votes they do not like the existing flag and that it should be changed. This flag is a popular flag which we have been saluting for the last nine to ten years and every body knows what is the flag of ours. You cannot make a national flag in one day. It requires time. Even it requires two or three years for finding out the views of the people by going to the villages and thereafter popularising it. Sir, every citizen of Pakistan must respect the national flag of our country for the sake of its sovereignty. The point that I wish to drive home to the Honourable Sardar Amir Azam Khan and the Honourable Foreign Minister who constitute the present Govt. that other persons might come to power next morning and sit on that side of the House and change the existing flag and therefore in the name of the sovereignty of Pakistan and the honour of our national flag, I would fervently appeal to my friends, opposite to think and deliberate over it and accept the amendment moved by my friend, Mr. Mansur Ahmad. Inspite of our appeal you do not accept it, it is up to you.
Sheikh Mujibur Rahman: Sir, I shall take one or two minutes. Sir, the last Constituent Assembly passed the resolution in regard to our national flag only because it may not be changed from time to time by the succeeding Governments. Supposing; Sir, if it is not in the constitution today, tomorrow another.
Sheikh Mujibur Rahman (East Bengal: Muslim): I do not like to take much time; only on one or two points I want to draw your attention. Sir, it is a fact that federal Constitution is not changed by bare majority in all respects. But as you and I have come from East Bengal, we know and you know that they are passing these clauses so hurriedly, because they have brute majority that naturally they would make many mistakes which would spoil the whole Constitution of our country. I know that the demands of East Bengal have absolutely been neglected in the Constitution. I do not question the representative character of people from West Pakistan but they have been elected indirectly as you know about the elections, how they were held in Sind, Frontier, Punjab and other places, by Assemblies, not elected on constitutional issues and elected three or four or five years before. While members from East Bengal were elected to the Constituent Assembly after General Elections held in 1954 and then elected by our M.L.A.s indirectly. Sir, we represent East Bengal people as a whole but sometimes they challenge us and say you are a minority and do not represent East Bengal. You are a minority in general elections. If there is election on constitutional issues and if the people of Bengal vote for 80 or 90 per cent people belonging to a certain Parity, and they come here and want to amend the Constitution they cannot do it because it has been made so rigid. It would be impossible for them to change any of the clauses even if it is absolutely necessary for them. Today we are 12 or 13 persons in the Opposition but suppose after general elections they are returned in majority, or if in the House there might be a difference of 10 or 20 members on this or that side, one Parity may be 180 or 210 and the other Party may be a few members less or more. Then how is it possible for them in the presence of this clause to change the Constitution or make suitable amendments therein? Sir, we are not Farishtas or we are not capable of making things like the Holy Quran that there cannot be anything wrong in it but cannot amend it even if they are in majority in future Parliament. Even if they feel some clauses are harmful they cannot change them. They would not accept our suggestions and whatever we suggest they do not accept. The Law Minister is here today and when he is here he sometimes accepts our amendments but when he is not here then Sardar Amir Azam Khan and Mr. Yusuf Haroon at once jump up and move closure motion. I am sorry Mr. Yusuf Haroon is always moving the closure motion and they think as it comes from the Awami League, so whatever, good, reasonable or unreasonable it may be, oppose it. They must oppose it whether it is right or wrong. Sir, when directly elected people, after general elections, come in, they would find that they cannot make desirable amendments and so I request that this amendment of my friend, Mr. Zahiruddin, be accepted.
Reference:
Iqbal, S. (1997) Sheikh Mujib in Parliament (1955-58), p. 185-189, Dhaka, Agami Prakashani