No More Top-Down Commissions in Constitution Making

Since the people's uprising, poet and thinker Farhad Mazhar has been the most vocal about the removal of the president and the rewriting of the Constitution. He was the first to call for the resignation letter of the exiled Prime Minister Sheikh Hasina; however, no one was able to show him that letter at the time. Recently, President Shahabuddin Chuppu also claimed in an interview that he does not have the Prime Minister's resignation letter. This has sparked renewed discussions and debates, and students are demanding the president's resignation. Farhad Mazhar, an important contemporary philosopher, talked to Views Bangladesh about the president's removal, rewriting the Constitution, the realm of thought among students and youth, and what the current and future landscape of Bangladesh could look like. The interview was conducted by Girish Goiric and Kamrul Ahsan.

Views Bangladesh: Recently, complications have arisen regarding the resignation letter of the exiled Prime Minister. You were the first to speak about this after August 5. Now there are demands for the President's resignation. How important is the President's resignation?

Farhad Mazhar: I've been saying from day one that President Mohammed Shahabuddin must be removed. This president is a product of a fascist constitution and is appointed by Sheikh Hasina. He is the strongest pillar under Sheikh Hasina. Therefore, this president has taken an oath to bring the entire interim government under Sheikh Hasina. Notice the number of crimes that have occurred. Those who have done this have severely betrayed the people.

After August 5, those who carried out this act took oath to a fascist president without announcing a new interim government. Those who did this must answer to the people. The complications that have arisen now, despite being incorporated into the constitution, have not been given any constitutional solution, and providing one is impossible. Why is it impossible? The first reason is that there is no provision for a national interim government in Bangladesh's Constitution. Therefore, this is the first illegal act they have committed. Secondly, after the Prime Minister's departure, you have dissolved the parliament. Hence, there is no parliament to elect a new Prime Minister.

The chaos that has been created has no solution. From the beginning, I asked the question: you are claiming, or this government is claiming, that Sheikh Hasina has submitted her resignation. So I asked, where is the resignation letter? I have a video. At that time, no one could show it. We haven’t heard any noise from Matiur Rahman Chowdhury either. Now, following the President's interview, he claims that there is no resignation letter anywhere. So I will ask Matiur Rahman, where has he been all this time? He should have been saying this from the start. I like him; he is a wise journalist, but after reading his interview, it seems to me that he is advocating for the president.

Just now, someone called me to say he has given another interview, claiming he (Shahabuddin) will be the President. If he claims this, I will ask him, on what basis will the president remain? What is the argument for it? Asif Nazrul has said the president has lied and violated the oath of the Constitution. How then can he remain in power? So I want to question Matiur Rahman: do you want to keep this fascist president in power? Why? What’s the argument? You must have a justification. Thus, we are complicating the situation.

The positive aspect is that, although the students did not understand initially, they are now clear that Chuppu must go. A new constitution must be formulated in Bangladesh. It will be done by the people. It won't happen by creating a commission from above. The process must begin immediately. This is where we stand.

Views Bangladesh: Regarding the statements by Matiur Rahman that are currently being debated, is there a solution in our Constitution?

Farhad Mazhar: Why would there be a solution in the Constitution? Was the revolution occurr according to the Constitution? If the revolution was not constitutional, then why would its solution be found in the Constitution? The problem is not with the Constitution; the problem is political. The issue in Bangladesh is political; there is no problem with the Constitution. Therefore, this Constitution must be discarded. A popular uprising means that this uprising has annulled this Constitution. Thus, there is no justification for forcefully imposing it. The only task of the interim government now is to formulate a new constitution.

Views Bangladesh: We have seen that a commission has been formed for constitutional reform, headed by Ali Riaz. He is a political scientist, not a constitution expert. Is it possible for him to reform the Constitution?

Farhad Mazhar: First of all, it’s unreasonable to say that Ali Riaz is not a constitution expert. He engages in intellectual pursuits; we may have many disagreements, but that’s a separate debate. He has been given state responsibility; however, creating a commission from above to draft a constitution is an act against the people. The term is not constitution but constitution-making—the process of constitution-making requires the participation of the people. A constitution cannot be written by appointing a commission from above. The idea of rewriting the constitution is illogical. The will of the people is what constitutes a constitution.

The constitution embodies the intent of the people as they wish to shape themselves. Therefore, you must go to the people. Ask them what they want. You must connect the people from the grassroots level to the upper levels. Listen to them and summarize their thoughts. What do you do with that summary? You will draft a preliminary constitution. What do you do with that draft? You present it to a constituent assembly after an election. The assembly will then discuss it. After the debate, they will pass the constitution. After that, there will be a referendum. When it goes to the referendum, if the people see that it aligns with their intentions, they will accept that constitution. Then, the government will be elected. So, first, there will be an election for the constituent assembly, and then there will be an election for the government.

Views Bangladesh: According to your perspective, the constitutional issues began with the 1972 constitution. If we accept your view, we have been under an illegitimate constitution for the past 50 years. To move forward, we need to address this issue from the ground up, meaning that the 1972 constitution itself needs to be amended. So how is such a massive change possible?

Farhad Mazhar: We need to engage the people. We need to explain things to them. We must give them a voice. I have been talking about this for a long time, but my words have not reached anyone. A constitution is not something that is written by a few individuals; it is based on the will of the people. Therefore, we must reach out to the people. It should start from the grassroots level, moving from local to district, from district to division, and from division to the city—everywhere we need to listen to the people's voices. We must hear what they have to say; everything must be taken into account. Writing a constitution from the top down is not how it works anywhere in the world. People would laugh at such a notion. Even a horse would laugh if it heard that!

Is this a literature or what? Are we here to create literature? The idea that someone like Kamal Hossain can just write a constitution is absurd. Can I write a constitution? If I write one, will it work? We need to reach out to the people for this. We must go to the slums, to the farmers and workers, to the students and youth. The aspirations expressed by various classes and professions must be drafted and passed in a people's assembly. This is not about what Ali Riaz or I write. It's not a matter for a commission. What would you do with a commission? It has no value. This is an interim matter concerning the people. At most, we can involve the populace. Beyond that, there is no other way. The participation of the people is essential.

Views  Bangladesh: Do you think we can engage the people in this extensive dialogue?

Farhad Mazhar: Absolutely! If I can do it, why can't others? I am fighting this battle on my own. Now, I’m hearing that young people are listening to me. If you speak the right words, any intelligent person will listen. So, go ahead and speak those words. The reason young people listen to me is not because I know them; it’s because I communicate. I have no power beyond that. If the youth feel inspired by what I say, that’s their quality, not mine.

Therefore, our first task is to play a thoughtful and informed role. Young people critique us, right? They do. So, do we get disheartened by their criticism? No! I speak and try to explain; that’s my job. When people think genuinely and correctly, it has an impact on society. Major revolutions in history have been based on the thoughts of a few individuals. It could be Voltaire during the French Revolution or Lenin during the Russian Revolution, or Mao Zedong’s thoughts in China. Without significant ideas from influential figures, great revolutions have never happened. So, if my thoughts contribute even a little, it’s for you to judge. I will keep expressing my views.

Views Bangladesh: You wrote a book titled "Gana Abhyutthan o Gathan" (Mass Uprising and Formation) a year before the mass uprising, which can be considered somewhat prophetic. The way you described events has unfolded similarly.

Farhad Mazhar: I simply reflected on what was happening in our country and considered what the path to overcoming those issues might be, and I wrote accordingly. Now, I’m writing another book about the current situation, titled "Gathan" (Formation). We’ve become tired of the word "constitution"; the term we should focus on is "gathantantra". That’s what I’m working on now. I have plans to write many more books, God willing, if I get the opportunity. I don’t know how much time I will have.

Views Bangladesh: Everyone is talking about the constitution, but you prefer to use the term "gathan" (formation). Your discussion focuses more on state formation than on the constitution, yet no one seems to be addressing the concept of formation.

Farhad Mazhar: No, they aren’t. So, let’s engage in that discussion. I want to learn. None of us are born as great scholars. If I have the opportunity to learn, I will. There are various kinds of people in our country, and there’s something to learn from everyone. This is our country, and we must build it together; we can't exclude anyone. Each person's contribution matters in terms of thought. Everyone is making their mark in different areas.

The encouraging thing is that we have a young generation emerging that reads our writings, thinks critically, and expresses their own opinions. They make decisions in their own way. Just because we say something doesn’t mean they will blindly follow us. The environment that has been created gives me tremendous hope. I believe we are moving toward a very good place. Previously, young people were not interested in politics, but now I see them engaged and articulating beautiful thoughts. The level of thinking they display is something we couldn’t have imagined ourselves.

Views Bangladesh: What are your thoughts on our youth?

Farhad Mazhar: They are ahead of us. The walls of thought that we have broken down and the doors we have opened have benefited them. They have encountered the ideas of great thinkers at a young age. Naturally, they will surpass us—and at a rapid pace. There’s nothing more joyful than seeing our youth exceed us. It’s the dream of any intellectual for the younger generation to surpass them. I’m confident that a significant revolution in the realm of thought is coming in Bangladesh.