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45 J.L. Pol'y & Globalization 1 (2016)

handle is hein.journals/jawpglob45 and id is 1 raw text is: ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) I Vol.45,i2016 lSE Military Take over by General Ershad and Constitutional Amendment in Bangladesh: A Modest Politico-Legal Study Dr. Md. Morshedul Islam Associate Professor, Department of Law, University of Raj shahi, Bangladesh Abstract General H.M.Ershad grabbed state power by military coup. He prolonged his reign by introducing self style democracy. In doing so he tried his best to create a better image by resorting to different people oriented activities. But his political ambition faced huge challenge from the opposition. The regime succeeded to manipulate opposition movement and persuade all political parties except BNP to take part in third parliamentary polls and thus managed to gain constitutional sanction of her reign. But the regime did never get any approval and sympathy from BNP led by Khaleda Zia. This article is intended to show the process of confidence building of the regime, how political motives were injected through its programs, how did it manipulate opposition movement and attain recognition of its actions. Keywords: Martial law, Democratic Rule, Opposition Movement, Dialogue, Election, Neutral Government, Political Alliance. 1. Introduction That the spirit of liberation war i.e., exploitation free democratic society based on equality and justice denied during the first civilian government under the father of the nation Sheikh Mujibur Rahman was felt under the reign of Ziaur Rahman in Bangladesh. The exploration of this spirit of liberation war was fumbled by the sudden assassination of President Ziaur Rahman on May 30, 1981. With the emergence of General H. M. Ershad in the saddle of power the short journey of infant democracy halted in Bangladesh on March 24, 1982. In spite of taking state power by bloodless coup, military government of H.M. Ershad did a lot for the up-lift of common people in order to make his place in their hearts. People oriented activities of the military regime received appreciation in civil society as well as grass root people but enchained democratic atmosphere blurred that achievement. The movement for the restoration of democratic rle led by Begum Khaleda Zia, widow of President Zia and chairperson of BNP, created stiff and die-hard opposition for the regime. Though the regime succeeded to broker a deal with other opposition parties- Awami League(Hasina) and Jamaat, and thus managed to create elected Parliament and President for the sanction of her illegal rule yet charismatic and uncompromising leadership of Khaleda Zia alone, undoubtedly kept the rule of military junta uncertain and vulnerable throughout her reign. 1.1 Military take over Military take over is not unusual in underdeveloped and developing countries. Lack of experience as well as efficiency in running post colonial administration, ignorance of democratic norms and values by political leadership, exorbitant corruption and lawlessness pave the way for military takeover. Bangladesh is no exception to that. Immediately after the brutal assassination of elected President Ziaur Rahman on May 30, 1981, corruption in government and lawlessness across the country surfaced in such a way that the then political government leant towards the army for its survival. Observing the weakness of the political government Army Chief of Staff H.M. Ershad injected some of its ideas into top guns of the government as well as leader based political parties. Consequently in the pressure of Army Chief of Staff Lt. General H.M. Ershad and leaders of small political parties, government formed 11-member National Security Council (NSC) with Chief of Army, Navy and Air forces in order to ensure the participation of armed forces in socio-economic development of the country on January 1, 1982. Lt. Gen. H.M. Ershad took over state power by sword by ousting democratically elected President Justice Abdus Sattar on March 24, 1982 with a view to realize the duties assigned to NSC.1 Though military takeover by H.M. Ershad was illegal yet his action was appreciated by ousted President Justice Abdus Sattar in a nationwide radio speech on March 25, 1982.2 It was not clear why ousted President Abdus Sattar supported military takeover by CMLA Ershad. He might have been forced to do that by the military government. However, in order to legalise his taking over of state power General H.M.Ershad played different cards and took some extraordinary people oriented programmes within his first four years in office. 1 The Bangladesh Observer, March 25, 1982 2 Ibid, March 26, 1982 Journal of Law, Policy and Globalization wwwiiseor

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