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A Supreme Court lawyer has served a legal notice seeking the removal of “socialism” and “secularism” from Bangladesh’s Constitution as part of the upcoming constitutional reform process.
Lawyer Md Mahmudul Hasan Mamun sent the notice on Thursday, demanding that the necessary legal and constitutional steps be taken within 90 days to amend the Constitution and hold a national referendum on removing the two principles.
The notice was addressed to the secretary of the President’s Office (Public Division), the secretary of the Parliament Secretariat, the Cabinet secretary, and the secretary of the Ministry of Law, Justice and Parliamentary Affairs.
It said media reports suggest that the government may initiate constitutional reforms through Parliament in January 2027 and subsequently place the proposed reforms before the people in a national referendum. Against this backdrop, the notice called for a reassessment of socialism and secularism in the Constitution’s preamble and fundamental principles.
Under the current Constitution, nationalism, socialism, democracy and secularism are listed as fundamental principles of state policy in Article 8. Article 10 provides for establishing a socialist economic system, while Article 12 sets out the principle of secularism.
On socialism, the notice argues that the principle conflicts with private ownership and private investment and creates uncertainty for foreign investors under the current free-market economic system. It therefore calls for removing socialism in the interests of economic growth, private ownership and protection of foreign investment.
Regarding secularism, the notice refers to what it describes as Bangladesh’s historical and religious context. Citing V.D. Kulshrestha’s Landmarks in Indian Legal and Constitutional History, it discusses different historical phases of law and governance in the region.
The notice also argues that secularism was not among the main demands of the Six-Point Movement of 1966 or the Liberation War of 1971, and says the war was primarily fought against economic discrimination, exploitation and deprivation under Pakistani rule.
It further cites Article 7, which states that all powers in the Republic belong to the people, and argues that secularism conflicts with Article 41, which guarantees citizens the right to profess, practise and propagate any religion. The Constitution, however, expressly contains both the secularism provisions in Article 12 and religious-freedom guarantees in Article 41.
The notice demands that the government take the necessary steps within 90 days to amend the Constitution and hold a national referendum to remove socialism and secularism.
It warns that if no action is taken within the stipulated period, the lawyer will seek a writ petition before the High Court under Article 102, citing the protection of economic sovereignty, historical considerations and citizens’ fundamental rights.