[🇧🇩] Reforms carried out by the interim/future Govts.

[Saif]

BNP opposes changes to fundamental principles of Constitution

The BNP has expressed its opposition to the recommendation of the Constitutional Reform Commission, which proposes excluding nationalism, socialism, and secularism from the fundamental principles of the Constitution and the core principles of state governance. The party believes that a more...

en.prothomalo.com

Reform commission recommendations

BNP opposes changes to fundamental principles of Constitution
Selim Zahid
Dhaka
Updated: 27 Mar 2025, 17: 44

The Bangladesh Nationalist Party (BNP) has expressed its opposition to the recommendations of the Constitutional Reform Commission, which proposes excluding nationalism, socialism, and secularism from the fundamental principles of the Constitution and the core principles of state governance.

The party believes that a more reasonable approach would be to restore Articles 8, 9, 10, and 12 of the Constitution to their pre-15th Amendment status.

BNP conveyed its stance in response to the Constitutional Reform Commission’s recommendations, which were submitted to the National Consensus Commission earlier this week.

Additionally, last Sunday, BNP submitted detailed opinions on the recommendations of five different reform commissions, including those related to constitutional changes.

According to relevant sources, BNP has supported maintaining the National Parliament’s term at five years, rejecting the reform commission’s recommendation to reduce it to four years. The party also opposes the proposal that the Prime Minister cannot simultaneously serve as the head of a political party and the Leader of Parliament.

BNP argues that such matters should be left to the discretion of the political party in question. In its explanation, BNP stated that whether one or multiple individuals hold the positions of Prime Minister or Leader of the House should be a party decision, and imposing constitutional restrictions on this matter would contradict the fundamental principles of parliamentary democracy.

The Constitutional Reform Commission has also proposed incorporating equality, human dignity, social justice, pluralism, and democracy as fundamental constitutional principles.

The proposal emphasises that Bangladesh is a pluralistic, multi-ethnic, multi-religious, multilingual, and multicultural country, where the rights and dignity of all communities should be upheld.

However, BNP has disagreed with this recommendation, reiterating its stance that Articles 8, 9, 10, and 12 should be restored to their pre-15th Amendment form.

Article 8 of the Constitution currently states: “Nationalism, socialism, democracy, and secularism - these principles, along with all other principles derived from them, shall be considered the fundamental principles of the state.”

Meanwhile, Articles 9, 10, and 12 address nationalism, the establishment of a socialist economic system, and the implementation of secularism, respectively.

BNP maintains that these articles should revert to their pre-15th Amendment status. The 15th Amendment to the Constitution was passed by the National Parliament on 30 June 2011, during the Awami League government, effectively abolishing the caretaker government system.

Writer and researcher Mohiuddin Ahmed views BNP’s position on state principles as being driven by party interests.

Speaking to Prothom Alo, he stated that BNP’s demand reflects the constitutional framework as it existed when they were last in power.

He pointed out that BNP does not advocate for restoring the four fundamental principles of the 1972 Constitution but rather seeks to reinstate the changes made through the 1976 ordinance. In that year, Ziaur Rahman removed the four original state principles of the 1972 Constitution through an executive order.

Regarding the Declaration of a State of Emergency

BNP also disagrees with the recommendations made by the Constitutional Reform Commission concerning the declaration of a state of emergency. The commission’s recommendation states that the President may declare a state of emergency only after receiving approval from the National Constitutional Commission (NCC).

However, BNP argues that since the declaration of a state of emergency is closely tied to the executive authority of the government, this power should not be vested in any entity other than the government and parliament.

The Reform Commission also recommends that during a state of emergency, no citizen’s rights should be revoked or suspended, and the right to seek legal recourse in court should not be restricted or abolished.

To implement this, the Commission proposes repealing Article 141(b) and Article 141(c) of the Constitution. BNP opposes this proposal, stating that the recommendation fails to clarify the purpose of declaring a state of emergency if no citizen’s rights are to be revoked or suspended.

Term of caretaker government

The Constitutional Reform Commission’s recommendation has called for a caretaker government term of three months. But the Electoral Reform Commission has proposed a four-month term for the caretaker government. It has recommended holding all local government elections before the national elections during this period.

Disagreeing with this, the BNP said that the caretaker government is an exceptional system in the context of the reality of Bangladesh. The constitutional provision of running the state through the people’s representatives. Therefore, in this case, it is advisable to have a caretaker government for a period of 90 days as was in the past. The main responsibility of this government is to hold a fair and acceptable parliamentary election. During this period, only national parliamentary elections are necessary, not any other elections. There is no opportunity to hold local government elections before the parliamentary elections.

Agreement on a bicameral legislature

A review of BNP’s stance on the Constitutional Reform Commission’s recommendations reveals that the party opposes lowering the minimum age for contesting parliamentary elections to 21 years. It also disagrees with the proposal that the Prime Minister should be nominated with the support of the majority of members in the lower house of the legislature.

However, BNP supports the proposal to nominate one of the two deputy speakers of parliament from the opposition party. Additionally, the party wants the sole deputy speaker of the upper house to be elected from outside the ruling party.

BNP also agrees in principle with the introduction of a bicameral legislature. However, it believes that the recommended four-year term for both the upper and lower houses should be extended to five years.

The constitutional amendment proposal suggests that any amendment must be approved by a two-thirds majority in both houses and then put to a referendum.

BNP opposes this, arguing that it is impractical to subject all constitutional amendments to a referendum. Instead, the party believes it would be sufficient to restore Article 142 to its pre-15th Amendment status.

BNP suggests that a bill passed in the lower house could be sent back for reconsideration, with or without recommendations from the upper house. The party maintains that constitutional reforms should be implemented by the parliament elected after the national elections.

Position on the term of President and Prime Minister

The proposal states in the section on the President that the term of office will be four years and that no individual may hold the position for more than two terms. BNP does not agree with this recommendation, stating that it would be more appropriate for the President to serve a five-year term.

The party also argues that this recommendation is unnecessary, as the existing Constitution already limits the President’s tenure to a maximum of two terms.

In the section on the Prime Minister, the reform commission’s proposal states that the Prime Minister will be nominated with the support of the majority of members in the lower house of the legislature.

BNP disagrees with this recommendation, arguing that since there is no direct election for the position of Prime Minister, the concept of nomination is irrelevant. The party maintains that the selection of the Prime Minister should be based on existing parliamentary procedures rather than an additional nomination process.

The Prime Minister’s section further states that if the Prime Minister voluntarily resigns before the end of the legislature’s term, loses a vote of confidence, or advises the President to dissolve the legislature for any other reason, then the President shall dissolve both houses of parliament only if it is evident that no other member of the lower house is able to secure the necessary majority support to form a government. BNP disagrees with this recommendation.

BNP argues that this proposal is unnecessary, as Article 57(2) of the Constitution already provides a clear framework regarding the dissolution of parliament in such cases.

According to this article, “If the Prime Minister loses the support of a majority of the members of Parliament, he shall resign or advise the President in writing to dissolve Parliament. If the President is satisfied that no other member of Parliament holds the support of the majority, he shall dissolve Parliament.”

BNP maintains that this provision is sufficient and does not require further modification.

Additionally, the reform commission’s proposal states that an individual may serve as Prime Minister for a maximum of two terms, either consecutively or at different times.

BNP disagrees with this, arguing that it would be sufficient to specify that “no person shall be considered eligible to be appointed as Prime Minister for a third consecutive term.”

About the High Court

The Constitutional Reform Commission has recommended the introduction of a permanent High Court seat in all divisions of the country with equal jurisdiction to the High Court Division. This recommendation falls under the Supreme Court section of the judiciary.

However, BNP opposes this proposal, arguing that establishing a permanent High Court Division seat in all divisions of the country conflicts with the basic structure of the Constitution.

As an alternative, the party suggests that a circuit bench of the High Court Division can be established outside Dhaka under Article 100 of the Constitution.

The commission has also recommended adding a provision to the Constitution to institutionalise the appointment of the most senior judge from the Appellate Division as the Chief Justice.

BNP partially agrees with this proposal. The party stated in its opinion that, considering the ‘doctrine of necessity,’ the obligation to appoint the Chief Justice should be imposed from among the three most senior judges instead.

BNP Standing Committee Member Salah Uddin Ahmed told Prothom Alo, “Separate proposals were submitted to the Reform Commission on all key issues, including the Constitution, Election Commission, and public administration, from BNP. However, we have observed that most of BNP’s proposals were not reflected in the commission’s recommendations. That is why we have provided detailed opinions along with the commission’s spreadsheet and have also included explanations on relevant issues to avoid confusion.”

The BNP leader, who was involved in drafting the party’s reform proposals, further stated that the responsibility for amending the Constitution lies with the elected government.

He emphasised that any constitutional amendment must take place only after an election, as the elected government should be the one to introduce and implement such changes in parliament.

*This report, originally published in the print and online edition of Prothom Alo, has been rewritten in English by Farjana Liakat​

 

[Saif]

Chief adviser calls for advancing reform activities quickly

Chief Adviser Professor Muhammad Yunus, also the Chairman of the National Consensus Commission, has called for advancing reform activities quickly with the goal of holding the national elections in December next. He made this call at a meeting with two members of the Consensus Commission at the St

thefinancialexpress.com.bd

Chief adviser calls for advancing reform activities quickly
BSS
Published :
Apr 12, 2025 20:51
Updated :
Apr 12, 2025 20:51

Chief Adviser Professor Muhammad Yunus, also the Chairman of the National Consensus Commission, has called for advancing reform activities quickly with the goal of holding the national elections in December next.

He made this call at a meeting with two members of the Consensus Commission at the State Guest House Jamuna in Dhaka on Saturday afternoon.

National Consensus Commission Vice-Chairman Professor Ali Riaz and its member Dr Badiul Alam Majumder joined the meeting.

Special Assistant to the Chief Adviser (Consensus Building) Monir Haider was present on the occasion.

At the meeting, Professor Ali Riaz and Dr. Badiul Alam Majumder informed the Commission chief of the progress of the Commission's activities.

Separate discussions are underway with political parties on the recommendations of the reform commissions of the interim government, they said.

Discussions have so far been completed with eight political parties, they said, adding that a meeting is scheduled to be held with the Bangladesh Nationalist Party (BNP) on Thursday.

They also informed that various programmes have been taken to take public opinions on the reform agendas and create public awareness on reforms.

At the time, Commission Chairman and Chief Adviser Prof Yunus stressed holding talks with the political parties and moving the overall reform process forward with the aim of holding the national elections in December next.​

 

[Saif]

The elephant in the room no one is talking about

Reform of political parties is of urgent need

www.thedailystar.net

The elephant in the room no one is talking about
Reform of political parties is of urgent need

VISUAL: ANWAR SOHEL

Since Prof Muhammad Yunus took over as the head of the interim government, reforms have been very high on the national agenda. The whole country wants it. What is heartening is that even political parties, who are usually opposed to anything that does not originate from them, have worked closely with all the reform commissions and are now engaged in reaching a consensus.

However, one vital area has been left untouched in this discussion: reform of the political parties themselves. The nature, transparency, accountability, and inner democracy of political parties in Bangladesh determine the type of democracy and good governance they would be able to deliver. In fact, it greatly influences the society we end up with. The nature of the political parties who get elected determine to a large extent how the parliament, judiciary, and all its statutory bodies operate. They greatly influence the bureaucracy, almost all government institutions, the budget and its implementation, big business deals, etc. Very importantly, they control whatever oversight functions that are in the constitution.

There can be no denying the fact that one of the reasons behind the dismal state of democracy and governance in Bangladesh is directly related to the absence of internal democracy and public accountability in its political parties, especially of top party leadership.

From 1991, which marked the fall of Ershad and restoration of democracy, to 2024—a period of 33 years—we have had either the Bangladesh Nationalist Party (BNP) or the Awami League (AL) ruling the country, with two years of military-backed caretaker rule in 2007-2008. BNP ruled us for 10 years and a few months—one term in partnership with Jamaat—and AL ruled us for 21 years, the last 15 of which were uninterrupted, also with some partners who enjoyed ministerial positions but hardly any significant policy-framing roles.

Today, BNP is the party that everyone is looking at, talking about, and trying to understand better. History has opened doors for it that nobody expected so soon. In a free and fair election, BNP is most likely to emerge with the largest number of seats in parliament, not only for its wide acceptance but also for the massive rejection of its main rival, the Awami League. Hence, our focus today is on the party which is likely to significantly affect our future and on the person who is its second-in-command, Tarique Rahman.

Now is the most opportune moment for the BNP to emerge as a modern, democratic, innovative, and future-oriented party that fits in with the new aspirations of the people, especially the youth, and the needs of the 21st-century. The questions that rise in the public mind are: what sort of government will the BNP deliver? Are they fully aware of the aspirations of the people today, especially the youth? How much of democracy, accountability, fair play, and openness will this party present us with? Will it tolerate free media? The most asked question is: what sort of a leader will Tarique Rahman turn out to be? These questions are being raised not by the "enemies" of the BNP, but those who sincerely wish them well.

Students and their new leadership are absolutely right when they say that unless the constitution is amended, dictatorial tendencies will re-emerge. What we want to add is that amending the national constitution is eminently justified but hardly enough. It will have to be accompanied by changes in the constitution of political parties. This especially applies to the BNP as the party at the doorstep of power. We have carefully studied BNP's 31-point reform proposal titled "An Outline of the Structural Reforms of the State." As the document states, it is a reform proposal of the "state." Some of the points in the proposal are very farsighted and highly relevant. Suggestions of the formation of many "commissions" reflect what the interim government has undertaken. However, the proposal totally avoids any question of the reform of the party, which is highly centralised with all authorities concentrated in a single hand. As we have seen from experience—and BNP should, too—without intraparty democracy and accountability, it cannot deliver democracy and accountability in the governance process.

The reality is that the existing BNP party constitution makes the chairperson a repository of unquestioned and unquestionable powers. Under Section 1, "Duties, Powers, and responsibilities of the Chair…" the document says, "As the chief officer of the party, the chairman shall control, supervise and coordinate all activities of the party and for that purpose shall have the authority over the National Council, National Standing Committee, National Executive Committee, Subject Committees and other Committees nominated by the chairman and shall do control, supervise and coordinate their functions." Section 4 says, "The Chairman may dissolve the National Executive Committee, the National Standing committee… and other committees nominated by the chairman and reconstitute them…."

BNP's constitution gives all power to the chairperson, making him or her answerable to no one.

Seriously, can such a party run democratically? Do its values depict those of democracy? Can't there never be any dissent within? When such a party wins a majority in parliament, what will be the nature and functioning style of that government? It will totally be "top-down," and the top being only one person.

How will the parliament function when such a party commands majority? We know because we saw such a party in power, and we lived under its rule and suffered immensely. If there is no scope for a party activist ever to question a decision made by the party chief, and if the future of that person totally rests on the party boss, will anybody ever dare to dissent? Will such unchallenged powers not give rise to dictatorial mind-set that will most likely find fruition in near future. And if such a party wins majority in parliament and forms the government, won't it be a one-person government, a one-person parliament, a one-person everything? Again, we have seen it, lived under it, and suffered. Can the BNP ignore the widespread demand that we should eliminate all traces of such a possibility recurring? Is it wise for it to do so?

We commend Tarique Rahman and BNP for already showing some positive signs in this direction. (I find his speeches sensible and mature. What he said on Wednesday about "seeking reforms and not revenge on his oppressors" is highly praiseworthy. He seems to have made the best use of his forced exile in the UK. I also express my appreciation for the use of language both by him and BNP Chairperson Khaleda Zia. The humiliation and injustice inflicted on them by the Awami League and Sheikh Hasina personally could have easily triggered a very justifiable vilification of the latter. Both of them refrained from that and gave political discourse a new dignity and set an excellent precedent). Tarique Rahman's proposal of setting a two-term limit with further re-election prospect after a gap is better than what we have now. His openness to curtailment of PM's power and enhancement of that of the president is also welcome. The idea of an upper house is a refreshing change, but its membership should be proportionate, otherwise it will be a rubberstamp of the lower house preventing it from giving the government guidance.

However, all of the above changes will be mere cosmetic if the real power does not shift.

Here lies the strong logic for the posts of the PM, the party leader, and the leader of the House not being occupied by the same person. Even if the first two are the same, the PM and the party leader must be separate. Running the party and running the government must be in separate hands. Such a system helps the growth of leadership, assists the PM to be exposed to other views, and alerts them to be sensitive to the party's thinking. Otherwise, it is a one-person show that leads to massive misuse of power, which sometimes the over-empowered leader does not even know.

Tarique Rahman must fully grasp the uniqueness of his opportunity and the complexity of his challenges. We request him to objectively see the existing party power concentration in his hands and create avenues for expression of alternative and even dissenting views within the party structure without any threat to the person or the group concerned. Arguments may be put forward that such a scope will create disciplinary issues. Yes, they may, but without it, the party will be a sterile institution devoid of creativity, vibrancy, and in time filled with sycophants. We saw that happen to the Awami League leading to its detachment from the people. Sheikh Hasina not only destroyed government institutions, she also destroyed her party which had such a rich history and legacy.

BNP must learn from AL's mistakes. Tarique Rahman is making some timely decisions, and introducing intraparty democracy should be one of his goals.

Mahfuz Anam is the editor and publisher of The Daily Star.​

 

[Saif]

EC will carry out its own reforms: CEC

Chief Election Commissioner AMM Nasir Uddin yesterday said reforms that are urgent before the next election and within the Election Commission’s jurisdiction will be implemented by the EC itself.

www.thedailystar.net

EC will carry out its own reforms: CEC

Photo: Star

Chief Election Commissioner AMM Nasir Uddin yesterday said reforms that are urgent before the next election and within the Election Commission's jurisdiction will be implemented by the EC itself.

He said this while talking to reporters following a meeting with Australian High Commissioner to Bangladesh Susan Ryle at the EC.

"Some reforms, which are beyond the Election Commission's control and involve political issues, will be addressed through the National Consensus Commission."

The CEC added that the meeting discussed preparations for the 13th national election and to what extent the EC will be able to implement the recommendations of the Electoral Reform Commission.

On March 17, the EC objected to 10 key reform proposals, including those on the separate authority for delimitation of constituencies, the timing of local government polls and the national election, and probes against election commissioners.

In a letter to Prof Ali Riaz, co-chairman of National Consensus Commission, the EC raised the objection to the Electoral Reform Commission's proposal on authorising a parliamentary committee to investigate failures of election commissioners.

"Some reforms, which are beyond the Election Commission's control and involve political issues, will be addressed through the National Consensus Commission."— CEC AMM Nasir Uddin.

Additionally, the EC opposed the proposed Election Commission Ordinance 2025, which seeks to introduce criminal liability for election commissioners for failing to ensure fair elections. This provision would erode the commissioners' independence and expose them to political pressure.

Yesterday, CEC Nasir Uddin said Australia has expressed its willingness to assist the EC in the upcoming national polls.

He said, "They [Australia] enquired about our preparations for the next parliamentary election whether we are satisfied with it. They also asked about reforms. We informed them about the reforms that are underway. They said that if we seek assistance, they are ready to support us. She [Australian high commissioner) assured us of all possible and necessary support.

"We have completed the work on the voter list. We've initiated the procurement process. We also told her about the initiative taken regarding the delimitation of parliamentary constituencies.

"We informed that the deadline for party registration has been extended by two months and that changes are being made to the Electoral Code of Conduct, as well as the observer policy. We briefed the Australian high commissioner on all essential election-related activities."

Speaking to journalists, High Commissioner Susan Ryle said, "I had a very productive meeting with the Election Commission. As Bangladesh is moving towards an open, free and fair election, Australia stands by Bangladesh.

"We continue to work with you as best we can to support your efforts."​

 

[Saif]

Nine months after Hasina ouster, reforms remain tricky: Economist

Nine months since the ouster of Sheikh Hasina-led Awami League government by the student-led mass uprising, making big changes has remained tricky.

www.newagebd.net

Nine months after Hasina ouster, reforms remain tricky: Economist
Staff Correspondent 16 May, 2025, 18:46

A file photo shows jubilant crowd in the streets of Dhaka after the fall of Sheikh Hasina on August 5, 2024. | Md Saurav

Nine months since the ouster of Sheikh Hasina-led Awami League government by the student-led mass uprising, making big changes has remained tricky.

UK-based magazine The Economist made the observation in a report published on Thursday.

For 16 years Bangladesh has been shuddering from a continuous ‘earthquake’, says Muhammad Yunus referring to the authoritarian regime of Hasina, which was ousted by a massive uprising in August 2024, stated the report.

Now, as the interim leader, Yunus, is trying to ‘fix everything that has been destroyed’, he says. ‘We’re moving in the right direction, and the people are with us. We are hopeful’, the report read.

It said that since Sheikh Hasina’s toppling, the seeming extent of her regime’s excesses emerged. Past year a white paper alleged that around $16 billion was siphoned annually during her reign. Cases against Hasina, including charges of murder, abduction and genocide, are piling up. Parties across the political spectrum have demanded democratic changes to prevent the return of such abuses. But nine months since the revolution, making big changes is proving tricky.

The report stated that the process began almost immediately after Hasina fled to India. In September Yunus began setting up commissions to provide ideas for reform in several areas, including elections, the judiciary and the constitution. These groups are staffed with experts from civil society and academia. And to sift through the papers from these commissions, the government set up another one: the national consensus commission. This group has compiled all the recommendations (there have been 166 so far) and put them on a spreadsheet to which 35 political parties have contributed.

The consensus commission will work with political parties to establish a ‘July Charter’ that will allow elections to take place and usher in a ‘new Bangladesh’, the report attributed Yunus to have said.

Observing that finding consensus is tricky, it said that for a start, politicians and the public disagree over what commissions should even exist. Some grumble that there should have been one for textiles, the pillar of Bangladesh’s economy; others complain about the inattention to education. The biggest controversy has been sparked by a commission that was formed belatedly on women’s reform. Its recommendations included changes to Islamic inheritance law that give women greater rights and have sparked mass protests by Islamist parties.

Still, reformers remain optimistic, the report observed, stating that Ali Riaz, the vice-chairman of the consensus commission, pointed to some changes that were already implemented, such as an independent process for appointing judges to the High Court. The second phase of the dialogue will begin soon after May 15th, but Riaz is confident of having a charter finalised by August, it said.

Should that timeline be met, it would mean elections as early as December this year, said the report.

Yunus insists polls will take place no later than June 2026 (and that he will not take part), it mentioned.

But the delay is already coming with some costs. The interim regime has steadied prices and the banks, but growth remains weak. And the political situation is fragile. According to one survey, nearly 60 per cent of those polled believe that law and order have not improved since the regime change. Protests on the street have become routine, the report detailed.

The protesters’ most common demand is for retribution against the Awami League, it said, mentioning that the election commission suspended the party’s registration on May 12, banning it from contesting any elections.

But for all the revulsion for the party, it still enjoys some support, it observed. Mohammad Arafat, a senior Awami official, insists that the party had the ‘mandate of the people’, had been usurped by ‘jihadists’ through violence and that it would ‘fight to claim their rightful place in Bangladesh’, stated the report.

Even out of power, the Awami League may still be able to cause tremors across the country.​