A legal notice has been served on key government offices demanding the permanent removal of “socialism” and “secularism” from the Constitution through a constitutional amendment and a national referendum within 90 days.
A Supreme Court lawyer, Md Mahamudul Hasan Mamun, sent the notice in public interest on Thursday.
The notice was addressed to four top officials: the secretary to President’s Office (Public Division), the secretary of National Parliament Secretariat, the cabinet secretary, and the secretary of law, justice and parliamentary affairs ministry.
According to the notice, media reports indicate that the government may initiate constitutional reforms through Parliament in January 2027, which may subsequently be presented in a national referendum for public approval.
Against this backdrop, the notice sender argued that “socialism” and “secularism” must be deleted from the Constitution’s preamble and fundamental principles.
The notice asserts that these two doctrines conflict with the nation’s economic progress, historical reality, and democratic aspirations.
Citing the definition from Encyclopedia Britannica, the notice states that the primary goal of socialism is establishing state control over property rather than private ownership, which has proven to be a failed concept in the current reality of a free-market economy.
It contends that retaining “socialism” creates apprehension among foreign investors, who fear the government could nationalise private industrial enterprises or commercial investments under socialist principles at any time.
Consequently, desired Foreign Direct Investment (FDI) is hampered, and private sector development is restricted, prompting the call to remove “socialism” from the preamble as well as Articles 8 and 10 of the Constitution.
Regarding “secularism”, the notice refers to the legal history of the region as taught in university LL.B. (Honours) courses, which divides governance into four distinct eras: the Hindu Era (1500 BC–1100 AD), the Muslim Era (1100–1757 AD), the East India Company and British Era (1757–1947), and the Pakistan Era (1947–1971).
Citing the 2004 reprint of seventh edition of VD Kulshreshtha’s Landmarks in Indian Legal and Constitutional History, the notice claims there was no practice of secularism throughout this historical continuum, nor was it mentioned in the Six-Point Demand of 1966.
It further states that the 1971 Liberation War was fought against Pakistani economic discrimination, plunder, and deprivation, rather than to establish any specific doctrine.
The notice also highlights Article 7 of the Constitution, which recognises the people as the owners of all powers of the Republic, alongside Article 41, which guarantees citizens the freedom to profess, practise, and propagate religion.
It argues that incorporating “secularism” creates a conflict between these provisions and restricts the religious beliefs and moral values of the country’s majority population.
The legal notice demands that necessary legal and constitutional measures be taken within 90 days.
It warns that if no action is taken within the specified timeframe, a public interest writ petition will be filed with the High Court Division of the Supreme Court under Article 102 of the Constitution.
The notice sender stated that the initiative was taken to safeguard economic sovereignty, historical reality, and the fundamental rights of public.
