–Syed Badrul Ahsan–

A serious, focused discussion on political and constitutional reforms in Bangladesh needs to be initiated. Over the years, there have been statements or opinions expressed in good measure for such reforms to be undertaken in order for democratic governance in the country to take roots in the nation’s political landscape.

One could begin with offering some suggestions on how the road to reforms can be taken, to the lasting benefit of the nation.

Article 70 is an impediment

For starters, there is a paramount need for Article 70 of the Constitution to be done away with, for this provision is a clear move toward preventing lawmakers from expressing themselves freely in Parliament for fear that a deviation from party policy will result in their expulsion from Parliament and thereby a forfeiture of the seats to which they were elected on the party ticket. Compelling lawmakers to abide by party policies leaves them in a straitjacket, rendering them unable to dissent from such policies or to express themselves according to their conscience.

What matters today is a whole lot more than for party leaders to worry about the ramifications of floor crossing by lawmakers. Of consequence should be concerns regarding a stifling of free opinion through Article 70 in the House. Article 70 raises questions in the public mind about the responsibilities or otherwise lawmakers are carrying out in the interest of those who elected them to Parliament. Loyalty to the electorate ought to be given greater importance than loyalty to party. Article 70 acts as a huge impediment to democracy, which is why it should go.

Democracy in political parties

And then comes the issue of democratic practices being followed within the political parties. It is pointless for party leaders to speak of democratic values in the country when in their parties no proper or transparent elections that could lead to changes in the leadership structure take place or are permitted to take place. Within the parties, members have generally not been seen challenging their leaders through seeking election to senior positions in the parties in the apprehension that their action might or will have them thrown out of the parties by loyalists of the entrenched leadership. It is therefore necessary that one of the major political reforms should aim at ensuring that periodic, open and transparent elections within the political parties take place to reassure the nation that the state is on track to democratic evolution at every point.

Referendum and proportional representation

On issues of grave national import, the provision of referenda must be made a part of the constitutional process. While partisan politics may lead to differences of opinion or a stalemate between parties on the issues in Parliament, such partisan politics can be overcome through appealing directly to the electorate on a host of issues and so enable the people, who are sovereign, to express their views on them. It will be important to ensure that campaigners for and against an issue to be settled through a referendum are provided with absolute freedom to air their ideas across the country without any impediment or threat or violence. A referendum is a reassertion of democracy, which is a major reason why it must find a place in the nation’s Constitution. Additionally, a reform measure could be a replacement of the current first-past-the-post method on the calculation of election results by a proportional system of representation.

Powers of the President

The office of the President of the Republic has traditionally been stymied by a lack of powers to enable it to exercise its authority in special circumstances. That situation needs to change, through giving the President the authority not only to appoint the Prime Minister but also to dismiss the Prime Minister when he or she is convinced that the ruling party is being unable to fulfil its obligations to the nation. The President must be head of state through acceptance by all political parties represented in Parliament. He or she must meet regularly with the leaders of both the ruling party and the opposition and must remain above the political fray which generally defines relations between the parties. He or she will be a personality who will appeal to all sections of the population.

Reinventing Election Commission

The rubber-stamp nature of the presidency as it happens to be calls for reform in the larger interest of a democratic order in the country. That said, it is crucial that the Election Commission be reorganised in a way that will prevent any future problems arising regarding electioneering by parties and individuals and will have it be a strong impediment to political influence in the exercise of adult franchise. An instance of an Election Commission enjoying unassailable powers is the Indian system, where respect for the Election Commission is total and beyond question.

We need a similar pattern of electoral politics in Bangladesh. However, there should also be a provision to ensure that persons or parties attempting to influence or undermine the Election Commission are censured publicly by Parliament or, in the inability of Parliament to do so, by the higher judiciary. Besides, if the Chief Election Commissioner or any Election Commissioner is seen to be subservient to the ruling party, constitutional provisions should be in place for his or her removal from office.

Anti-Corruption Commission empowerment

With corruption being a perennial issue in the country, it becomes necessary for the Anti-Corruption Commission to be thoroughly reorganised, with unchallengeable authority given to it to prosecute those alleged to have engaged in malfeasance and high crime. The ACC must be empowered not only to call in powerful individuals, including the President, Prime Minister and members of the cabinet and civil servants, to answer queries relating to their alleged criminality or encouragement of criminality but also to exercise the power to order the arrest of those against whom specific evidence of corruption is unearthed. The chairperson of the ACC ought to be invested with powers of the sort the Chief Justice of the Supreme Court is invested with

MPs vacating office

A significant reform relates to the need for Members of Parliament to vacate their offices once the term of Parliament comes to an end and fresh elections are announced. The Prime Minister will act as caretaker head of government, presiding over an interim cabinet which will have ministers from both his or her party as well as from the parliamentary opposition in order to ensure that the elections are not manipulated by those who have just finished their constitutional term in office. Such a reform will create a level playing field for all candidates seeking election to Parliament and will prevent the abuse or misuse of powers by those who have vacated their seats in Parliament and allow their rivals to campaign freely and without any hindrance.

Guarantee freedom of media

Finally, it is the freedom of the media which must be ensured, strongly and firmly, through proper constitutional provisions. Measures such as the Digital Security Act, Cyber Security Act, eavesdropping on journalists’ telephonic conversations — as also those of citizens across the country — should be considered violations of the Constitution and dealt with under the law. The freedom to speak and write, with the caveat that such freedom will not question the foundational principles of the People’s Republic of Bangladesh, must be guaranteed by law and where it is threatened it should be the right of journalists to challenge it in the courts.

Moral approach to future

For Bangladesh’s democracy to be conducted smoothly and in the interest of all its people, for its politicians on every side of the political spectrum, it is important that politics bring into the conversation all the issues which affect the lives of the people. Rhetoric must give way to action. Propaganda must make way for informed debate.

In a country where politics has consistently been volatile, where political transitions have by and large been less than peaceful and often unconstitutional, where the pendulum has swung between extremes, clear-headed rethinking is called for. An educated, enlightened citizenry is the requirement in these times. And Bangladesh will be home to the growth of such a tradition if reforms, political as well as constitutional, are swiftly undertaken. A moral approach to shaping the nation’s future has become an imperative.

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Syed Badrul Ahsan writes on politics, diplomacy and history