A decision to scrap the entire existing quota system for government jobs would contradict the Constitution of Bangladesh, experts have said.
The constitution requires the government to provide allowances to Bangladeshi nationals belonging to small ethnic groups and disadvantaged communities, they said.
A number of experts firmly stated that the constitutional rights of disadvantaged communities must be ensured under all circumstances, and sudden cancellation of quotas supporting these communities would be a violation of the Constitution.
Prime Minister Sheikh Hasina announced her plan to cancel the quota system on Wednesday, triggering mixed reactions among different quarters.
Addressing a question-answer session at Jatiya Sangsad, Sheikh Hasina said: “If the people no longer want the quota system, then there is no need for it. We will get rid of it.
“The government will find an alternative approach to offer employment to those who are disabled and those belonging to small ethnic groups.”
The prime minister then added: “The students have held enough demonstrations, now they should get back to their classrooms.”
Quota system in the constitution
Some experts believe that the quota system will not be scrapped in its entirety, because of the constitutional obligations.
Articles 28(4) and 29(3) of the Bangladesh Constitution address the issue of ensuring equal rights for all citizens and the role of the quota system.
Article 28(4) states: “Nothing in this article shall prevent the State from making special provision in favour of women or children or for the advancement of any backward section of citizens.”
It is apparent that the constitution empowers the government to provide benefits to disadvantaged communities, religious minority groups, the disabled, small ethnic groups and others who need support.
The quota system was introduced for this purpose.
Constitutional expert Advocate Shahdeen Malik firmly believes that this system should not be cancelled entirely, as the quotas were created for disadvantaged communities and people, and most of them still need it.
Discussing the matter in more detail, he said: “Bangladesh has many small ethnic groups, religious minority communities, disabled citizens and disadvantaged groups living in specific geographical areas.
“Our government has a constitutional obligation to support these groups.”
Advocate Malik further stated: “Raising the quota to 56% was an abnormal solution to the issue, but cancelling the quota completely will also be a bizarre solution.
“Cutting down quotas to 0% will increase the suffering of the disadvantaged communities across the country, which would also be a clear violation to the spirit of the 1972 constitution.
Is there a solution?
The constitutional expert recommended that a commission be formed to tackle the issue.
“Any democratic country would form a commission to reach a viable solution on the quota system debacle. If we form a commission, the government will be able to discuss the quota allocation system with it to reach a consensus,” he added.
Advocate Malik continued: “The quota allocation could be set at 15%-20%, and the commission would be responsible for allocating the quota to communities who need them the most.
“The government can cancel the 56% quota for government jobs and hand over the responsibility to the commission for reforming the quota system.”
Giving her reaction to the prime minister’s comment, former adviser to the caretaker government and human rights activist Sultana Kamal said: “The quota issue has caused a lot of unrest.
“Not all those who need quota are getting it, despite a 56% allocation. Meanwhile, many positions under some quota criteria frequently remain vacant.”
Sultana Kamal pointed out that the quota system is used by most countries in the world to combat inequality and the Bangladesh constitution also has clear directive on safeguarding the rights of its citizens.
“However, the scope of the quota system should be considered logically. Proper analysis should have been done beforehand. If the system is cancelled suddenly, many members of the disadvantaged community could suffer resulting consequences,” she said.
Former law minister barrister Shafique Ahmed said: “The constitution has clear directives regarding the rights of the small ethnic groups. We must keep quotas for them.
“The prime minister also supported the issue in her parliament speech. She spoke in favour of a special arrangement for employment of small ethnic groups and disabled citizens.”
He added: “If a special arrangement for these groups is introduced, cancelling the existing quota system will not violate the constitution.
“Cancellation of quotas that contradicts the constitution should be avoided, and quotas that do not fall under constitutional obligation can be cancelled without any legal barriers.”
Article 29 of the constitution states: “There shall be equality of opportunity for all citizens in respect of employment or office in the service of the Republic.
“No citizen shall, on grounds only of religion, race, caste, sex or place of birth, be ineligible for, or discriminated against in respect of, any employment or office in the service of the Republic.”
Provision 3(a) reads: “Nothing in this article shall prevent the State from making special provision in favour of any backward section of citizens for the purpose of securing their adequate representation in the service of the Republic.”
This article was first published on banglatribune.com
