[🇧🇩] Everything about our constitution

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Constitution reform commission proposes new principles for Bangladesh

Equality, human dignity, social justice, pluralism will replace nationalism, socialism, secularism

www.thedailystar.net

Constitution reform commission proposes new principles for Bangladesh
Equality, human dignity, social justice, pluralism will replace nationalism, socialism, secularism

Photo: CA Press Wing

Highlights:
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• Include equality, human dignity, social justice, pluralism, and democracy in the preamble; remove nationalism, socialism, and secularism.​
• Create a bicameral parliament with a National Assembly and Senate, each having four-year terms for better representation.​
• Establish a National Constitutional Council to balance state powers and oversee key constitutional appointments transparently.​
• Limit the Prime Minister to two terms, enable no-confidence motions, and amend Article 70 to reduce unilateral authority.​
• Decentralise judiciary with permanent High Court benches in divisional cities; strengthen local governance with a Local Government Commission.​

The Constitution Reform Commission's report, submitted to the Chief Adviser Prof Muhammad Yunus, proposed including equality, human dignity, social justice, and pluralism in its preamble while removing nationalism, socialism, and secularism. Democracy, which is already a constitutional principle, will remain so.

The commission, led by Prof Ali Riaz, also proposed reinstating the provision for a referendum to amend the constitution.

The commission has recommended introducing a bicameral parliament to ensure representation for all, with a lower house (called the National Assembly) based on majority representation and an upper house (called the Senate) based on proportional representation. Both houses will have a term length of four years, meaning the government and the Prime Minister's term will also be four years.

The commission believes that one of the main reasons for the autocratic authoritarianism Bangladesh has faced over the past 16 years is the absence of an institutional power balance.

To prevent the concentration of power in the hands of an individual or institution, the commission has proposed the creation of a constitutional body named the National Constitutional Council to establish a system of checks and balances between the three branches of the state and the two executive positions — the Prime Minister and the President.

This council would include the President, the Chief Justice, the Prime Minister and Leader of the Opposition (both elected through the Parliament), the Speakers of both houses, Deputy Speakers from the opposition, and a representative of other parties.

The commission believes this institution would ensure transparency and accountability in the appointment process as a constitutional body.

The commission said, "It is evident that the unilateral powers of the Prime Minister must be reduced. To prevent the Prime Minister from unilaterally appointing heads of constitutional institutions, including the Election Commission and the armed forces, these powers should be vested in the National Constitutional Council."

The commission has recommended reforms to ensure that the Prime Minister can face a no-confidence motion in Parliament. It has also proposed amending Article 70 to prevent the Prime Minister from being entirely shielded by it.

The commission also recommended imposing a two-term limit on the Prime Minister's tenure.

The commission has provided a framework for an interim government to be formed after the dissolution of parliament and recommended that the selection of advisers to such governments should not rest with any individual or single institution. Instead, it suggested that this responsibility be given to the National Constitutional Council.

To ensure justice and accessibility for all, the commission has recommended decentralising the judiciary. It proposed maintaining the unitary structure of the Supreme Court while establishing permanent High Court benches with jurisdiction in all divisional cities.

The commission emphasised the importance of a strong local government system and recommended forming a Local Government Commission. It also suggested establishing coordination councils at the district and city corporation levels.

Additionally, the commission advocated for expanding the scope of fundamental rights and ensuring their constitutional protection through a comprehensive charter.

It proposed revising the current method of electing the President, which reflects individual preferences and suggested electing the President through an electoral college. The commission proposed that the President's term should be four years long.

While submitting the recommendations, the commission's chairman, Prof Ali Riaz, expressed hope that political parties would reach a consensus.​

 

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CONSTITUTION REFORM PROPOSALS: Change in state’s name recommended

The Constitution Reform Commission has recommended the substitution of ‘equality, human dignity, social justice, pluralism and democracy’ for ‘nationalism, socialism, democracy and secularism’ as the fundamental principles of the state...

www.newagebd.net

CONSTITUTION REFORM PROPOSALS: Change in state’s name recommended
Sadiqur Rahman 16 January, 2025, 00:13

The Constitution Reform Commission has recommended the substitution of ‘equality, human dignity, social justice, pluralism and democracy’ for ‘nationalism, socialism, democracy and secularism’ as the fundamental principles of the state.

The commission chief, Professor Ali Riaz, along with other members, on Wednesday handed over a report with recommendations to the chief adviser to the interim government, Professor Muhammad Yunus, at the latter’s Tejgaon office.

A summary of the report was uploaded to the commission’s website in the evening.

The report of three other reform commission –– the Electoral Reform Commission, the Anti-Corruption Commission Reform Commission and the Police Reform Commission –– were also handed over to the chief adviser at his office.

Addressing the report handover ceremony, Professor Yunus emphasised that the interim government would initiate discussions with political parties on the reform proposals made by the commissions to reach a consensus on the rebuilding of the country.
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• Bicameral legislature, 21 minimum age for contesting national polls​
• Equality, human dignity, social justice, pluralism, democracy to replace nationalism, socialism, and secularism​
• Bangladeshi nationalism instead of Bangalee​
• Not more than two terms in office of president, PM​
• Decentralisation of High Court​

‘Elections will be held following a consensus among all parties. The reform proposals are the foundation for discussions to reach a consensus,’ he added.

The Constitution Reform Commission proposed a preamble of the constitution acknowledging the spirits of the War of Independence, the 2024 July-August student-people uprising and the citizens’ struggles against autocratic and fascist regimes to establish democracy and eliminate discrimination.

The commission substitution of ‘Janaganatantri Bangladesh’ for ‘Ganaprajatantri Bangladesh’ as the constitutional name of the state and the substitution of ‘nagariktantra’ for term ‘projatantra’ in the Bangla text of the constitution.

The commission recommended the establishment of a bicameral legislature –– a National Assembly with 400 directly elected members, including 10 per cent from the youth community, as a Senate with 100 members elected through a proportional representation system and five more members to be appointed by the president.

It proposed that one of the two deputy speakers must be elected from the opposition and members of the National Assembly should be free to vote against their party, except on finance bills.

It recommended lowering the minimum age-limit for National Assembly membership to 21 years from the existing 25 years.

As per the proposals, any amendment to the constitution would require the approval of two-thirds of the members from both the National Assembly and the Senate, followed by a referendum.

The commission recommended the establishment of a National Constitution Council –– comprising of the president, the prime minister, the leader of the opposition, the speakers and the opposition-nominated deputy speakers of the National Assembly and Senate, the chief justice, and an elected member –– to ensure accountability, transparency, and the balance of power among state institutions.

It recommended the recognition of food, education, medical care, shelter, access to the internet and information, voting rights, participation in the state governance, privacy, consumer rights, child development, scientific advancement, and the rights of future generations as fundamental rights.

It recommended that the election of the president by an electoral college –– 505 votes from the National Assembly and the Senate, 64 votes from district coordination councils, and single vote from each city corporation coordination council.

It proposed barring any individual from holding the office of the president and the prime minister for more than two terms.

To promote decentralisation of the judiciary, the commission suggested the establishment of permanent benches with equal authority to the High Court in every division. It also recommended forming an independent judicial appointment commission and renaming lower courts as local courts.

It recommended the establishment of a permanent attorney service.

The recommendations included the repeal of article 150(2) and the fifth, sixth, and seventh schedules of the constitution, which acknowledge Sheikh Mujibur Rahman as the father of the nation and incorporate his March 7, 1976 speech, his reported message issued early March 26, 1971 and the proclamation of the independence issued at Mujibnagar on April 10, 1971 in the constitution.

The commission recommended the repeal of articles 7(A) and 7(B), which render parts of the constitution unamendable, as well as articles 10 and 12, which endorse a socialist economic system and secularism.

At a press conference at the Foreign Service Academy, three advisers to the interim government said that six reform commissions on constitution, election, the police, the ACC, judiciary and public administration would get a one month extension to coordinate among themselves and prepare their final reports without overlapping.

‘We hope that the government, to reach a consensus, will start discussing the reform proposals with political parties by mid-February,’ said Syeda Rizwan Hassan, adviser for environment, forest, climate change and water resources adviser.

The interim government formed reform commissions on public administration, police, judiciary, election and the ACC on October 3, 2024. On October 7, the constitution reform commission was announced. The six reform commissions were primarily asked to submit their reports by the first week of January.

On January 2, the interim government extended deadlines for public administration, police and electoral reform commissions to January 15. Only the judiciary reform commission got a further extended time until January 31. The public administration reform commission failed to submit its report by January 15.​

 

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CONSTITUTION REFORM: Ambiguities in key issues remain: experts

Recommendations on the reform of Bangladesh constitution have attempted to address issues within the state’s structural and legal frameworks, but ambiguities remain, particularly concerning fundamental principles and rights, legal and political science experts said on Thursday...

www.newagebd.net

CONSTITUTION REFORM: Ambiguities in key issues remain: experts
Sadiqur Rahman 17 January, 2025, 00:14

Recommendations on the reform of Bangladesh constitution have attempted to address issues within the state’s structural and legal frameworks, but ambiguities remain, particularly concerning fundamental principles and rights, legal and political science experts said on Thursday.

They stressed further dialogue and refinement for clarity, particularly on the relationship between the state and religions, and mustering consensus among all walks of people.

The Constitution Reform Commission led by professor Ali Riaz on Wednesday submitted the recommendations to the interim government’s chief adviser Muhammad Yunus.

The reform commission recommended the substitution of ‘equality, human dignity, social justice, pluralism and democracy’ for ‘nationalism, socialism, democracy and secularism’ as the fundamental principles of the state.

Dhaka University’s political science teacher professor Tasneem Siddiqui told New Age that incorporation of pluralism in the framework of fundamental rights was appreciated.

However, expressing her concerns over the suggestion to remove secularism as fundamental principle, she said, ‘If secularism is dismissed as a Western concept, there must still be constitutional safeguards to limit the state’s involvement with religion. The constitution must provide a clear framework in this regard.’

Talking about the relationship between religion and the state, Supreme Court senior lawyer Shahdeen Malik said that in most democratic countries, the state and religion are separate entities.

‘In Pakistan, religion was used as a tool for exploitation, leading to the removal of the state religion in the 1972 constitution. Reintroducing state religion now would signify a step backward. How could we determine religion of a state if it is an institution?’ Shahdeen said.

Supreme Court lawyer Jyotirmoy Barua said that pluralism does not allow for any particular religion to dominate.

‘It is not right to eliminate secularism in the name of pluralism. If secularism is removed, the concept of a state religion must also be abandoned,’ he stated.

Regarding recommendations on democratic process, professor Tasneem found that the proposals effectively reflected public aspirations for reforms, particularly in roles of parliament, judiciary and the distribution of power between the president and the prime minister.

However, she strongly criticised the absence of provisions addressing democratisation within political parties.

‘While the electoral reform commission has addressed this issue, the constitution must provide a foundational framework for such reforms,’ she added.

As per the proposals, any amendment to the constitution would require the approval of two-thirds of the members from both the National Assembly and the Senate, followed by a referendum.

Shahdeen Malik expressed scepticism regarding the practicality of referendum for constitutional amendments, as recommended by the reform commission.

He argued that the low literacy rate in the country would make referendum challenging, especially for proposals involving multiple articles of the constitution.

‘Referendum might work for single amendment but are impractical for extensive changes,’ he said.

About the fundamental rights, professor Tasneem noted that the proposed rights to food, clothing, education, shelter and medical care should be explicitly mentioned, separating from the other rights, including access to internet and information, science education, childcare.

‘The rights to food, for instance, is fundamentally different from the rights to internet access,’ she added.

Jyotirmoy Barua demanded that the rights to energy should be in the proposed reforms. He further highlighted the need for protection against forced eviction and displacement, noting that while shelter was acknowledged as a rights in the recommendations, safeguards against land displacement were missing.

Additionally, he called for constitutional guarantees to protect citizens from harassment by law enforcers, such as unlawful detentions without warrants.

Professor Tasneem also expressed reservations about the proposed abolition of provisions related to repressive detention, saying that the elimination of such laws would also be interpreted as automatic revoking of the special power act and Section 54 of the Criminal Code.

‘What would be the alternatives if the state needs to detain a person for reasons? But still, the constitution must ensure a democratic way of such detention,’ Tasneem said.

The reform commission recommended the establishment of a bicameral legislature –– a National Assembly with 400 directly elected members, including 10 per cent from the youth community, and a Senate with 100 members elected through a proportional representation system and five more members to be appointed by the president.

Women rights activist and a senior Supreme Court lawyer Fawzia Karim Firoze said that the provisions for representation of women in the proposed National Assembly and Senate was not adequate.

She, however, welcomed efforts to limit the power of the prime minister and president, stressing the importance of a check and balance for preventing misuse of authority.

She also appreciated the decentralisation of the High Court as she said that this reform would help minimise delays and ensure access to justice amid growing lawsuits in the courts.

Fawzia endorsed the establishment of a Judicial Appointments Commission and a permanent attorney service, calling these measures crucial for strengthening the judiciary.​

 

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Constitution reform commission recommendations: What BNP, Jamaat, others say

The interim government is scheduled to hold discussions on all the commissions' recommendations with the political parties in February.

en.prothomalo.com

Constitution reform commission recommendations: What BNP, Jamaat, others say
Special Correspondent
Updated: 17 Jan 2025, 18: 03

The constitution reforms commission headed by Professor Ali Riaz handed over their report containing reform recommendations to the chief advisor Professor Muhammad Yunus at the chief advisor's office on Wednesday.Courtesy: Chief advisor's press wing

Broadly speaking, the recommendations made by the commission formed by the government include most of the changes to the constitution that BNP and the other major political parties wanted.

However, not all the recommendations have been as the political parties wanted, such as the fundamental pillars of the constitution, the composition of the parliament and other changes.

There has been a marked effort to include the main proposal of the parties, but add certain elements to ensure a balance of power.

The political parties are positively viewing the recommendation to being about a balance of power. But certain parties have raised questions about the recommendation to change the basic principles in running the state.

However, BNP, Jamaat-e-Islami and other major parties till yesterday, Thursday, have not formally given their reactions to the reform commission's recommendations.

Speaking to Prothom Alo Thursday, member of BNP's constitutional affairs committee and standing committee member of the party, Salahuddin, Ahmed said, "As far as we have seen, certain elements have been adopted from our recommendations, such as a bicameral parliament, bringing about a balance in power and such. And the court has already given its ruling regarding the caretaker government system. The commission has recommended that too."

He said the commission has presented a summary of the recommendations. When we receive the details of recommendations, we will discuss it and give our views.

Bangladesh Jamaat-e-Islami's secretary general Miah Golam Parwar feel it would not be prudent to commend on the matter right now.

He said, "This is nothing final, it is the recommendations of the commission. When the government arranges a dialogue with the political parties and other stakeholders, we will give our views on the matter of fundamental changes to the constitution. We do not think it is wise to comment before that."

The Constitution Reforms Commission headed by Professor Ali Riaz on Wednesday handed in its reform proposal to chief advisor Professor Muhammad Yunus. A summary of the report's recommendation has been uploaded on the commission's website.

In November last year, BNP submitted 62 proposals to the constitution reform commission. Significant among these recommendations are, inclusion of an election-time caretaker government system provision in the constitution, provision for a balance of powers between the prime minister and president, creating posts for vice president and deputy prime minister, creating an upper house in the parliament, placing the lower courts under control of the Supreme Court, reverting to the provision for referendum, forming a republic, executive, judiciary, legislative, an independent anti-corruption commission and election commission.

Earlier on July 2023, BNP came up with a 31 point reform proposal for reforms of the constitution and state system as well as economic emancipation. Referring to the 31 point outline as the party's commitment, BNP told a press briefing that if they are elected they would form a national government and implement the reform proposals. There are eight constitution reform-related recommendations among the 31 points for state reforms.

Alongside BNP, Jamaat on 8 October last year came up with a 10 point reform proposal. Jamaat's ameer Shafiqur Rahman has said at the time, their reform proposal was elaborate and comprised 41 points. For the time being they had put forward the priority recommendations for the convenient of the interim government.

Later Jamaat handed in a written proposal to the constitution reform commission. In the meantime, Charmonai Pir's party, Islami Andolan, did not come up with any points for constitution reforms. They simply detailed requirements for an ideal state.

President of Nagorik Andolan, Mahmudur Rahman Manna, feels that, "Among the major recommendations given by the commission, there is the proposal for a bicameral parliament. Does the interim government have the time required to implement this? BNP wants the election in July-August. The government says it will hold the election this year. There will be a proportional representation election to 100 seats of the upper house. This will require demarcation. This seems to be over ambitious for the time in hand."

Speaking to Prothom Alo, senior joint secretary general of Islami Andolan, Gazi Ataur Rahman, said that they did not get the chance to review the recommendations as yet. However, they are not in favour of changing the Bangla term for Republic of Bangladesh from 'Gonoprojatontri Bangladesh) to 'Jonoprojatontri Bangladesh'. Also, the five fundamental pillars have been proposed as equality, human dignity, social justice, pluralism and democracy.

The reform commission has recommended lowering the age to qualify as a member of parliament from 25 to 21. It has said 10 per cent of the candidates fielded by political parties are be youth.

They question the issue of 'pluralism'. He feels that if there is democracy, there is no need for an additional pluralism.

The Communist Party of Bangladesh also has questions concerning the change in fundamental pillars. The party's general secretary Ruhin Islam alias Prince said, the four fundamental pillars of the 1972 constitution were determined in light of the declaration of independence. The people of Bangladesh will not accept these pillars to be dropped in the amendment of the constitution.

Spokesperson of Jatiya Nagorik Committee, Samanta Sharmin, speaking to Prothom Alo said, "We are perusing the reports of four reform commissions including the constitution reform commission. Upon completion, we will present our views on these reports at a press briefing."
Similarities and differences

Reviewing the proposals, it has been seen that BNP and Jamaat both call for a neutral caretaker government system to be included in the constitution in order to ensure free and fair elections.

The constitution reform commission has recommended provision for an 'interim government; which is essentially a caretaker government. Jamaat has proposed a proportional representation system for election to 300 seats in parliament.The commission did not take that into cognizance.

However, the constitution reform commission's proposal did include a proportional representation in the election to 100 seats of the upper house. The commission said that 100 members will be determined in proportionate ratio to the total votes won in the Jatiya Sangsad (national parliament) election.

BNP said the parliament will have an upper house comprising eminent citizens, professions, political scientists, social scientists and persons with administrative experience in order to run the state.

The constitution reform commission is agreeable to this, proposing an upper house of 105 members. Of them, 100 members will be determined in proportional ratio to the total votes won. And five of them will represent socially and economically backward communities. The remaining five seats will be nominated by the president from among those who are not members of any house or political party.

Jamaat had proposed a deputy speaker from the main opposition in parliament. But the constitution reform commission proposed this for the upper house. The commission said the speaker of the upper house will be elected from the upper house members based on general majority. And the upper house will have a deputy speaker elected from among member of the upper house, excluding from the ruling party.

The reform commission has recommended lowering the age to qualify as a member of parliament from 25 to 21. It has said 10 per cent of the candidates fielded by political parties are be youth. Ganatantra Mancha leaders said that this was not a well-thought out proposal.
Independence of the parliament members

Article 70 of the constitution is seen as an obstacle to members of parliament expressing their opinions independently. BNP has spoken about examining the matter of amending Article 70 to ensure parliament members can express their opinions independently except in the case of confidence votes, money bill, constitution amendment bill and on the question of state security.

But the reform commission has proposed that other than in the case of the money bill, the members of the lower house will have the power to vote against any bill of their own respective parties. Also, the heads of the parliamentary standing committees will always be from the opposition party members.

BNP has called for an amendment of the existing Chief Commissioner and other Election Commissioners Appointment Act 2022. And Jamaat has called for a search committee comprising the prime minister, leader of the opposition and the chief justice for the appointment of election commissioner and other commissioners.

The constitution reform commission has proposed a National Constitutional Council for the appointment of heads of important state institutions such as the Election Commission, Public Service Commission, Anti-Corruption Commission, National Human Rights Commission and for the office of attorney general and additional attorney general, heads of the defence forces and other posts. The council will be constituted of the president, prime minister, speaker, chief justice, leader of the opposition and persons of various levels.

The recommendations of BNP, other parties and the constitution reforms commission are similar regarding steps to ensure effective independence of the judiciary. The constitution reforms commission has also recommended various other changes to the constitution including the fundamental principles, changes in the parliamentary structure and more.

Four commissions -- the constitution reform commission, the election system reform commission, the police reform commission and the anti-corruption commission reform commission -- submitted their reports on Wednesday.

The public administration and the judicial reforms commissions are to submit their reports by 31 January. The interim government is scheduled to hold discussions on all the commissions' recommendations with the political parties in February.​

 

[Saif]

An analysis of the constitutional reform proposal

The nine-member Constitutional Reform Commission, headed by Prof Ali Riaz, has recommended significant changes to our current constitution.

www.thedailystar.net

An analysis of the constitutional reform proposal

FILE VISUAL: ANWAR SOHEL

"Politics is too serious a matter to be left to the politicians"—Charles de Gaulle, a French military officer-turned-statesman who led the resistance against the Nazis during World War II, famously said what has now become a truism. Earlier, another Frenchman, a physician-turned-journalist-turned politician named Georges Clemenceau, quipped, "War is too important to be left to the generals." Clemenceau, who later became the prime minister of France, was referring to the successive defeats of the military during World War I and asserted the influence of the national assembly for the eventual formation of the Third Republic. The French connection between the two statesmen implies a rejection of the professionals or experts dedicated in the field. Instead of assigning the tasks of war and politics, two important facets of national life, to the so-called experts, both Clemenceau and de Gaulle wanted various stakeholders in formulating strategies for national life.

The nine-member Constitutional Reform Commission, headed by Prof Ali Riaz, has recommended significant changes to our current constitution. There are academics, activists, lawyers, and writers in the team. Notable exclusions are the politicians who birthed the constitution and brought 17 different changes over the last five decades. The interim government formed the commission to reflect the wind of change through which the former government was ousted. It felt that the different provisions within the constitution compromised its democratic spirit and allowed the premier to turn into an autocrat. Whether the recommended changes can be implemented by the incumbent administration before the parliamentary election or by the incoming government after the election is a legal debate that needs to be sorted. But more importantly, the commission's report has brought many of the inherent contradictions and inconsistencies within the constitution to the surface. Some of them were due to the Cold War realpolitik that conditioned our independence; socialism is a case in point. Many others were due to the self-serving interests and agendas of various governments.

The country's four guiding principles for state governance—nationalism, socialism, democracy, and secularism—have been replaced by democracy, equality, human dignity, social justice, and pluralism. The essence of socialism can easily be subsumed under equality and social justice. The omission is thereby understandable. The contention lies in the removal of two categories: nationalism and secularism. The commission evidently tried to include them in their broad categorisation of citizenship and pluralism.

They redefined the term citizenship, replacing the existing Article 6 (2), "The people of Bangladesh are a nation of Bengalis," with "The citizens of Bangladesh will be known as 'Bangladeshis.'" This allows the commission to avoid Bangalee nationalism that worked as a mantra during our Liberation War. The proposed category of citizenship does not necessitate distinguishing citizens in terms of their ethnic groups. But the brute force with which some citizens from the hill tracts were beaten up for demanding their "Indigenous" status just recently shows that equality is a far cry if we don't truly practise pluralism.

Yet, countries from where the bicameral parliamentary model has been suggested recognise their Indigenous population as "First Nations." The special status is a way to integrate the marginal groups into the mainstream. Even from a geostrategic perspective, it is important for us to restore calm and peace in our hinterland that has been targeted by major stakeholders and neighbours with separatist agendas.

The committee head mentioned that they worked day and night for months under the image of Abu Sayeed and remained mindful of the sacrifices made by the students and members of the general public during the July uprising. The Proclamation of Independence on April 10, 1971 embodied their guiding spirit of anti-discrimination. I think the committee cherry-picked the three terms—equality, human dignity, and social justice—to create a counternarrative that cursorily mentions the Liberation War and equates it with the July uprising.

It concluded by observing, "We, the people of Bangladesh, who, in the continuity of the historical struggle for the liberation of this land, achieved independence through people's war and united against autocratic and fascist rule for the establishment of democracy, solemnly pledge, in utmost respect for the martyrs who sacrificed their lives, that the ideals of equality, human dignity, and social justice that inspired the people of Bangladesh in the Liberation War of 1971, and the ideals of democracy and anti-discrimination that united us against fascist rule in 2024, will be established in the state and society."

The whimsical interpretation of the term "projatontro" echoes the sweeping statement. The commission head has mentioned his reservation against the Bangla term for "Republic" in various forums. He did not pay heed to many observers who reminded that there was nothing wrong with the term, despite its shadowy connotation of being subject to a sovereign monarch. The commission head uses a royal "we" to say that they would like to see "Republic" and "People's Republic of Bangladesh" replaced with "Citizenship" and "People's Democratic Bangladesh" in all relevant sections of the constitution. In Bangla, they used the coinage "jono-gono nagoriktontro."

I don't see any reason as to why "projatontro," a widely understood term that conveys the idea of people's rule or governance by the people, needs to be changed. The Latin root of the word implies "public affairs," and in Chinese it means "shared harmony." The commission has unnecessarily rooted itself in semantics. May I also remind the commission of the financial, administrative, and logistical costs involved in changing the name of the country? Delivering democratic governance and reforms that benefit the people should be the priority at this point in time. The symbolic or semantic debates will hardly do us any good.

The seven key proposals made by the commission include: adoption of the new guiding principles for the constitution and the state; establishment of institutional balance of power; reduction of the absolute power of the office of the prime minister; clear proposals for the structure of the interim government; decentralisation of the judiciary; ensuring a robust local government system; and expansion of fundamental rights, with constitutional protection and enforceability. They all deserve serious attention.

Then again, we have hit the walls of legitimacy as we have yet to determine whether it is within the mandate of the interim government to bring such changes. A referendum is required before the foundational terms of the state or the structure of governance are altered. This could lead to legal challenges, public discontent, and long-term instability. Indeed, the commission might believe that drastic changes are too crucial to leave to the politicians. Then another republic may soon arise with an alternative dictum to dismiss the one that has been proposed. Such knowledge is too dangerous to be left with the academics.

Dr Shamsad Mortuza is professor of English at Dhaka University.​

 

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A discursive analysis of the constitutional reform recommendations

Some of these recommendations are unprecedented, whereas some of them need further clarifications.

www.thedailystar.net

A discursive analysis of the constitutional reform recommendations

VISUAL: SALMAN SAKIB SHAHRYAR

Following the student-led mass uprising that led to the historical fall of the fascist Sheikh Hasina government on August 5, 2024, the interim government formed the Constitutional Reform Commission in October to draft and adopt a new, inclusive and democratic constitution, ensuring the inviolability of human dignity. After months of deliberation, the committee, headed by Prof Ali Riaz, a political scientist and Bangladesh specialist with international renown, has submitted their report with a number of key reform recommendations. Some of those recommendations are unprecedented, and praiseworthy, whereas some of them need further clarifications or even amending through consultation with the citizenry and other stakeholders.

Let's start with the Preamble, which is the soul of the constitution and is considered its legal and moral basis. Along with the historic Liberation War of 1971, the anti-discrimination movement of 2024 is mentioned with equal respect in the new proposed Preamble. This may seem like a good decision, but one may wonder if the wording is not clear enough to distinguish the difference between these two historic events. While 2024 will forever be a glorious chapter in our history that the new generation brought about, it would be foolhardy to try and compare it to 1971, which marks the genesis of the nation. We are not suggesting that the new Preamble does that directly, but we believe that more careful wording could avoid this equivocation and distinguish both events in their own glory.

A major change has been proposed in the fundamental principles of state policy by removing nationalism, socialism and secularism, retaining only democracy from the original principles. The other three have been replaced by equality, human dignity, social justice, and pluralism. By adding pluralism, they encourage the state to promote communal co-existence and mutual respect among different communities as Bangladesh is a pluralistic, multi-ethnic, multi-religious, multi-linguistic and multi-cultural country. Although removing "secularism" may seem counterproductive, hopefully, the inclusion of "pluralism" will help the people consider every ethnic/religious community as equal and maintain harmony in society.

Discarding secularism makes further sense because Bangladesh has not experienced separation of "church" and "state" the way Western nations have, and the ideology of secularism may not apply to our context as they would in the nations that ordain secularism as their basic tenet. In our part of the world, religion has always played a key role, and often a political one, to ensure that the state machinery works properly in favour of the oppressed.

Another praiseworthy recommendation is the abolition of Article 6 (2) of the current constitution, which says all the people of Bangladesh are a "nation of Bangalees," to be replaced by "all citizens of Bangladesh will be considered as Bangladeshi," irrespective of their ethnic origin. This is a must-have for a pluralist Bangladesh that is inclusive of all other ethnic identities. Ethnic minorities have been sidelined and marginalised throughout much of Bangladesh's history; it's high time this was rectified. Since independence, we have spent much of our time trying to tell the ethnic minorities to assimilate with the Bangalee majority, not taking into account their distinct ethnic cultures. This is a foundational contradiction for our nation that started its journey of nationalism on a quest for equal cultural recognition in the Pakistani state. It's high time for the course of history to bend towards justice in this respect.

However, the recommendation to completely abolish Article 7A of the constitution, which describes the offences related to the constitution as sedition, and Article 7B, which says the basic structure of the constitution is not amendable, is needed because this reform proposal does recommend changes to the basic structure. However, to prevent the future regimes from turning into new fascists and use the constitution as their shield with flexible amendments at any time, there should be some provisions to address such constitution-related offences, which might be added later in the newly reformed constitution. A point may be made against keeping the constitution as rigid and inflexible as it is now: it is better to have a constitution that can be changed as per the needs of the time. However, our existing constitution has had 17 amendments over the last five decades even after being a rigid one. Our history teaches us that making the constitution flexible may backfire and turn it into a plaything in case a party gets enough votes to change it as they wish—like the Awami League got in the 2008 election. This may be prevented if there are more seats in parliament.

One of the most significant changes recommended is to make the parliament bicameral, dividing it into two chambers: National Assembly and Senate. While this sounds like a good idea as it will increase public representation in the assembly, this may prove to be too chaotic and expensive to maintain for a small country like Bangladesh. Having 350 seats for 64 districts should be enough for the legislature to function smoothly, if the government has the goodwill to run it properly. Unicameral parliament is typical in small countries with unitary systems of government (e.g. Denmark, Sweden, Finland, Portugal, Hungary, New Zealand, etc), some of which are bigger than Bangladesh. However, the way the Senate has been planned is progressive and innovative. Choosing members through proportional representation, reserving seats for disadvantaged sections of society, and creating an option for the president to choose more members show that this new plan has a way of increasing representation from the citizenry. And due to its structure, more non-political people from the citizenry and civil society can be present in the upper house.

Another really positive recommendation is to ensure at least 10 percent youth participation in the national assembly from every political party. Also, the number of reserved seats for female members of parliament has been increased from 50 to 100, which will include more women in the legislature.

However, the timeliest reformation recommendation is perhaps decentralising the judiciary by establishing permanent benches of the High Court in every division of Bangladesh. This is not an entirely new concept for our country. The Eighth Amendment introduced this system in 1988. Although it was widely criticised back then in the Anwar Hussain vs Bangladesh case (known as the eighth amendment case) as it was challenged on the ground of ultra vires, the basic doctrine was nullified in 1989. Now, if it becomes possible with the new constitutional reform, it will be an effective step towards reducing the backlog of pending cases that is too big a burden for only one capital-centric High Court Division.

Another notable recommendation is to establish an independent Judicial Appointments Commission (JAC), led by the chief justice and six other members, to select judges for recruitment to both divisions of the Supreme Court. In the present time, the appointment of judges to the Supreme Court is handled by the president with prior mandatory consultation with the prime minister. This appointment process has a room for bias as it is greatly influenced by the executive. With the JAC, transparency and accountability will be ensured in the appointment of judges, which will make the judiciary truly free and independent, ensuring the separation of power.

One thing that the committee did not recommend, but would have been a good idea, is including the provision for the posts of vice-president and deputy prime minister. This could have been a great addition to the constitution, especially if there were provisions that the opposition would nominate the vice-president and also would appoint the deputy prime minister. This would ensure that the opposition has a strong role in state affairs and are not just lame ducks who are only good for walking out of parliament in a fit of rage. It is important to note here that the commission commendably suggested that floor-crossing be allowed in most cases. This will empower the MPs as their votes will actually matter, and real politics will take place in parliament.

Overall, there are both positives and negatives of the proposed recommendations for constitutional reform. There is still much work to do. The committee should promptly sit with all political parties, and consult the public too, to add to and amend the proposed recommendations. Without public deliberation, this constitution may become another top-down imposition like the 1972 constitution. The constitution is a written document, but the ideas of the nation remain in the hearts and minds of the citizens. Therefore, it is important to consult the people, who are the source of all power in the republic, before proceeding with any drastic or sweeping changes.

Aparajita Debnath is an advocate at Dhaka Judge Court.

Anupam Debashis Roy is pursuing PhD at the University of Oxford.​

 

[Saif]

1972 constitution an obstacle to multi-party democracy: Patwary

It is not possible to have a multi-party democracy under the 1972 constitution, said Nasir Uddin Patwary, convener of the Jatiya Nagorik Committee, today

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1972 constitution an obstacle to multi-party democracy: Patwary

Nasir Uddin Patwary

It is not possible to have a multi-party democracy under the 1972 constitution, said Nasir Uddin Patwary, convener of the Jatiya Nagorik Committee, today.

"We want a constitution, formed through a constituent assembly, that will ensure fascism can never return to this country," Nasir said at a rally titled "March for Unity and Justice" in the capital.

The rally, organised by the private university unit of Students Against Discrimination, took place in front of the National Museum. Participants called for the recognition of the July mass uprising and justice for those killed during the movement.

"In order to resolve the country's crisis, we must unite and move towards elections for a constituent assembly. The constitution that emerges from the assembly must honour the sacrifices of the workers who were martyred during the 2024 mass uprising, as well as the voices of mothers and women," Nasir added.

He said that anyone attempting to obstruct the reform process or the trial of those responsible for the July massacre would face a fate similar to that of Sheikh Hasina.​

 

[Saif]

What should we expect from a national constitutional council?

In Bangladesh, establishing the NCC can potentially strengthen democratic institutions and address systemic governance challenges.

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What should we expect from a national constitutional council?

FILE VISUAL: ANWAR SOHEL

The Constitutional Reform Commission submitted its report to Chief Adviser Prof Muhammad Yunus on January 15, proposing a number of recommendations to bring significant changes to the constitution of Bangladesh. Among the most notable recommendations is the creation of a constitutional body called the National Constitutional Council (NCC). The goal of forming this body is to establish checks and balances among constitutional organs, preventing the concentration of power in any single individual or institution. The recommendation is rooted in Bangladesh's recent experience with 15-plus years of authoritarian rule, during which the constitution was repeatedly misused to suppress dissent. The proposed NCC is expected to curtail the prime minister's extensive powers, restore institutional balance, and oversee the formation of interim governments.

The concept of NCC appears to draw inspiration from constitutional councils in other jurisdictions, which serve as guardians of constitutional principles. Originating in France, the idea of a constitutional council has parallels with, but differs from, the constitutional court model found in countries like South Africa and Colombia. A few nations have adopted the constitutional council framework. For instance, it is viewed as a quasi-political entity in Cameroon, a fully political body in France, and a body composed of senior public officials in Cambodia. Within South Asia, Sri Lanka and Nepal have implemented similar models. In Nepal, the constitutional council primarily focuses on recommending appointments to constitutional positions, promoting gender and inclusive representation, and formulating guidelines for nominations. However, the council in Nepal has faced criticism for partisan decision-making and difficulties in achieving consensus. The requirement for majority approval in a politically fragmented environment often leads to delays in appointments. While recent amendments have aimed to enhance procedural transparency, they have also sparked allegations of increasing executive dominance.

Given that Bangladesh's constitution, under Article 102, already vests extensive judicial review powers in the High Court Division, which includes the authority to interpret the constitution and review executive actions, adopting the NCC model instead of a constitutional court seems prudent. The NCC would not have judicial functions, but would complement the judiciary's robust review powers, making it a sensible and promising approach.

The proposed composition of the NCC is noteworthy, bringing together representatives from various constitutional organs. It includes the president, the prime minister, the leader of the opposition, speakers of both houses of parliament, the chief justice, deputy speakers from both houses nominated by the opposition, and one member elected by a majority vote of all legislators, excluding the prime minister, the opposition leader and their party members. In coalition governments, this additional member would be elected by members of coalition parties, excluding the prime minister's party. If parliament is dissolved, the NCC would continue functioning, consisting of the president, the chief adviser, the chief justice, and two advisory council members chosen by the chief adviser. This representative structure mirrors aspects of constitutional councils in Nepal (Article 284) and Sri Lanka (Article 41A). The Sri Lankan model highlights the inclusion of civil society members to minimise political influence in the appointment process. In contrast, the composition of the proposed NCC does not incorporate this feature, setting it apart from the Sri Lankan model in this regard.

Additionally, the NCC would remain operational during interim governments and periods when the parliament is dissolved. This continuous operation is designed to address extraordinary constitutional crises, such as the one triggered by the abrupt departure of former Prime Minister Sheikh Hasina on August 5, 2024 amid widespread protests. The NCC's ongoing presence would enable it to manage unforeseen constitutional challenges effectively.

The NCC would play a pivotal role in appointing individuals to significant constitutional positions. It would advise the president on appointments to key roles, including the chief election commissioner and other election commissioners, the attorney general and additional attorney generals, the chairpersons and members of the Public Service Commission, Anti-Corruption Commission, and National Human Rights Commission, as well as the chiefs of the defence forces and other positions prescribed by law. This advisory role would limit the scope of Article 48 (3), which currently requires the president to act on the prime minister's advice in these appointments. By reducing the prime minister's unilateral authority, the NCC would introduce greater transparency and promote democratic practices. This mechanism is similar to the appointment roles of constitutional councils in Nepal and Sri Lanka. Furthermore, the NCC would be responsible for selecting advisers for interim governments formed after the dissolution of parliament.

For Bangladesh, establishing the NCC has the potential to strengthen democratic institutions and address systemic governance challenges. Functioning as a quasi-political entity rather than a judicial body, the NCC could serve as a constitutional guardian, similar to the role of constitutional councils in other nations. Entrusted with upholding and preserving constitutional principles, the NCC has the potential to enhance governance and reinforce democracy in the country.

Barrister Khan Khalid Adnan is advocate of the Supreme Court of Bangladesh, fellow at the Chartered Institute of Arbitrators, and head of the chamber at Khan Saifur Rahman and Associates in Dhaka.​