Chief Adviser Muhammad Yunus today (15 January, 2024) receiving report from the Constitution Reform Commission. Photo: CA’s Press Wing
On August 5, 2024, after 16 years of authoritarian rule, Sheikh Hasina fled to India, the Awami League government collapsed, and people were ecstatic, marking a turning point in Bangladesh’s political history.
For the first time in decades, the people of Bangladesh felt a surge of hope and joy, envisioning the change they had long awaited since independence in 1971.
The victory as we know, came at a huge price – over 1,500 people were killed, more than 25,000 were gravely injured andmany still battling for their lives and 5,000 lost their eyesight permanently.
The fall of Hasina’s regime opened the door to a new Bangladesh. On August 5, 2024, millions took to the streets, celebrating the end of a brutal autocracy. An Interim Government (IG) was quickly established under the leadership of Prof. Mohammed Yunus, with a team of experienced technocrats and NGO leaders to steer the country from despotism to a functioning democracy. Public support for the IG was overwhelming, as people believed it would bring the long-awaited reforms and stability especially the constitution which nurtured autocracy and not democracy and corruption and not transparency and accountability in governance.
Thus, people eagerly awaited the recommendations of the Constitution Reform Commission headed by Distinguished Prof. Ali Riaz of the University of the Illinois State University…
The Commission, let us call it Riaz Commission that mostly worked pro bono has submitted its recommendations on the 15 Jan 2025.
This paper analyses, critically the processes and recommendations of the Constitution Reform Commission (CRC) with the hope that the views expressed would provide the much-needed inputs to the on-going mission of scrutinising and fine tuning the recommendations of the Commission, to final adoption.
To put things in context, the paper discusses the history of constitution in Bangladesh so that we understand better the political and other dynamics that shaped the very first constitution of Bangladesh and the challenges the existing constitution posed to the country.
The History and the Status of the Existing Constitution, the 1972 Constitution
The 1972 Bangladesh Constitution was framed through a rigorous process following the country’s independence. The Proclamation of Independence was adopted on April 10, 1971, by the Revolutionary Government in exile in Agartala, India. In 1972, Sheikh Mujibur Rahman issued the Provisional Constitution of Bangladesh Order, leading to the formation of the Constituent Assembly tasked solely with drafting the constitution. The Constituent Assembly was composed of officials elected in the national and provincial council elections of Pakistan held in 1970.
On April 10, 1972, the Constituent Assembly formed a 34-member Constitution Drafting Committee, chaired by Dr. Kamal Hossain. The committee sought public input, receiving 98 memorandums and holding 74 meetings before finalizing the draft. The draft was introduced on October 12, 1972, followed by discussions from October 19 to November 3, 1972. Out of 163 amendment proposals, 84 were adopted. The Constitution was adopted on November 4, 1972, and came into effect on December 16, 1972, marking Victory Day. It has 153 articles, 1 preamble, and 4 schedules. The Constitution establishes Bangladesh as a unitary parliamentary republic, based on nationalism, socialism, democracy, and secularism as its four fundamental principles. It is the supreme law of Bangladesh.
Marked by ideological shifts, political ambitions and contingencies Bangladesh’s constitutional history has had a turbulent history, , which experienced repeated amendments (17 times) that have often undermined its foundational principles.
Most of the amendments made over the years have been politically motivated. In addition, some specific articles, e.g., Article 70, force MPs to vote strictly on the party line or lose their parliamentary seats, restricted MPs to vote with conscious. However, defenders of the constitution label it as a stabilizing measure to reduce the risk of frequent falls of government. Sadly, the provision has paved the way for prime ministerial dictatorship.
The judicial branch has been granted some independence, but the Supreme Court of Bangladesh has been severely politicized, while the subordinate courts are controlled by the executive branch. The Election Commission and other integrity institutions have also been subordinated to the government.
The 1972 Constitution has been reshaped by coups, military rule, and authoritarian tendencies. Efforts to promote free and fair elections and democratic governance, such as the introduction of a caretaker government system in 1996 (Amendment 13), were later manipulated and repealed (Amendment 15), leading to electoral legitimacy crises. Amendment 15 paved the way for the previous Bangladesh Awami League (BAL) government to forcibly stay in power through rigging the elections in 2014, 2018, and 2024. They were also set to remain in power indefinitely.
The post July-Aug 2024, Constitution Reform Commission (CRC):
The CRC, headed by Prof. Ali Riaz, a leading expert in constitutional law and geopolitics in the Southeast Asia region, comprised eight members and 32 researchers who worked on a pro-bono basis. Despite its expertise and dedication, the CRC faced significant challenges, including addressing Bangladesh’s deeply contested constitutional ideals, balancing executive powers, and ensuring participatory reforms.
The process
Since the CRC’s formation in September 2024, the CRC navigated contested views, managed to the extent possible stakeholder motivation, and worked towards a sustainable constitutional framework for a more stable and inclusive Bangladesh.
Prof. Ali Riaz emphasized that the CRC strictly adhered to the Interim Government’s (IG) detailed terms of reference (ToR). The commission was not tasked with rewriting or changing the constitution but rather identifying loopholes and weaknesses in amendments that facilitated authoritarianism and undemocratic practices in recent past.
The CRC analysed 120 constitutions worldwide to understand key democratic principles, the benefits of a bicameral system, and ways to safeguard citizens’ rights.
The CRC received over 50,000 submissions from individuals and political entities, including more than 25 complete re-drafts of a new constitution. It engaged with over 100 individuals, including representatives from 28 organizations, 23 civil society representatives, five constitutional experts, and 10 young thinkers. A public opinion survey was conducted by the Bangladesh Bureau of Statistics on 5th December 2024. The survey covered 45,900 households across 64 districts, with participants aged between 18 and 75. The CRC requested written submissions from political parties while keeping the option for face-to-face meetings open upon request. Submissions were received from 25 political parties and three political alliances.
A delegation from the country’s largest political party, Bangladesh National Party (BNP) met the head of the reform commission to submit their proposals for constitutional reform. The BNP proposed amendments in 62 areas of the constitution, including limiting the Prime Minister’s tenure to no more than two consecutive terms. Their proposals also included establishing positions of a deputy prime minister, vice president, and a second chamber in Parliament, as well as introducing provisions for referendums.
Jamaat-e-Islami, the other key political entity, proposed similar changes, including balancing power between the President and the Prime Minister, restricting the Prime Minister’s tenure to two consecutive terms, proportional representation in National Parliament elections, introducing a caretaker system of government in the constitution to ensure fair and transparent elections, providing for a deputy speaker nominated from the main opposition party in Parliament, and adopting institutional arrangements for the formation of a shadow cabinet headed by the Leader of the Opposition.
Recommendations:
The CRC has since submitted their constitutional reform proposals/report to the Chief Advisor Prof. Mohammed Yunus on 15th January 2024.
Professor Ali Riaz has clarified that the CRC’s reform recommendations were framed on three goals: (a) a workable and effective democracy, (b) ensuring basic human rights, and (c) the establishment of accountability.
Based on reflections on the War of Independence in 1971 and the student-people uprising/movement of July-August 2024, the commission proposed five areas of policy/law in the constitution preamble, and these are (1) Equality, (2) Human Dignity, (3) Social Justice, (4) Pluralism, and (5) Democracy. CRC proposed removing ‘nationalism’, ‘socialism’, and ‘secularism’ from the existing constitution.
Prof. Riaz assured that the CRC not only made a complete analysis of the existing constitution and proposed necessary recommendations but also put forward detailed justification behind each recommendation. The following are the key recommendations:
- Reinstate the ‘referendum’ for amendments and changes to the constitution.
- Create a bicameral parliamentary system based on the National Assembly (lower house) and Senate (upper house), both with four-year terms. The National Assembly will be formed by the members of parliament (MPs) winning the seats with majority votes in their designated constituencies, and the Senate Chamber will be formed by members elected by proportional votes. In the lower house, the number of seats has been proposed to increase from 300 to 400. Out of 400 seats, 300 would be filled through parliamentary constituency elections. The remaining 100 seats would be reserved for women, who would be directly elected from various constituencies. The commission has also suggested that at least 10 percent of the total seats in the lower house be allocated to young candidates. According to the recommendations, the upper house, or Senate, would have 100 members elected based on proportional representation from political parties that receive more than 1 percent of the votes. The president would nominate five non-political members.
- To prevent the concentration of power in the hands of an individual or institution, the commission has proposed the creation of a National Constitutional Council (NCC) to balance state powers and oversee key constitutional appointments transparently. It would also ensure the balance of power between the Prime Minister and the President. It is proposed that the members of the NCC should include (a) the President, (b) the Chief Justice, (c) the Prime Minister elected by the parliament, (d) the leader of the elected opposition party, (e) speakers (from the ruling party) and deputy speakers (from the opposition party) from both chambers of parliament, and (f) one person nominated to represent the rest of the political parties. The NCC would ensure transparency and accountability in the appointment process as a constitutional body. All key appointments, including the judiciary, armed forces, the head of the election commission, and the anti-corruption commission, will be overseen by the NCC.
- The commission has recommended amending Article 70 to allow members of parliament to vote against their party line in certain situations, including no-confidence motions against the Prime Minister. This reform could give legislators greater autonomy to vote based on conscience or public interest, rather than being bound strictly by party discipline.
- The commission also recommended imposing a two-term limit on the Prime Minister’s tenure.
- The commission has proposed a framework for the formation of an interim government following the dissolution of parliament. It suggested that the National Constitutional Council should handle the selection of advisers. The framework aims to ensure transparency, impartiality, and inclusiveness, avoiding the concentration of power in any single individual or institution.
- The CRC has proposed changing the name of the state from the People’s Republic of Bangladesh to People’s Democratic Bangladesh.
- The CRC has proposed decentralizing the judiciary by maintaining the unitary structure of the Supreme Court while establishing permanent High Court benches with jurisdiction in all divisional cities.
- The commission emphasized 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 has recommended extending the basic rights of the people and reserving those rights through a coordinated constitutional charter.
- Lastly, the commission has proposed revising the method of electing the President by eliminating the current process and establishing an electoral college for the presidential election. The college would likely involve members of parliament and the NCC. This approach reduces the emphasis on direct individual preferences and introduces a layer of deliberation and collective decision-making. The President’s term has also been proposed to be limited to four years.
Reform recommendations and adoption
After receiving reports from the four commissions including the Constitutional Reform commission on Jan 15, 2025, the Head of the Interim Government, Prof. Yunus has extended the commissions’ term by one more month to help them propose a plan for putting the recommendations into action. Prof. Yunus emphasized that a national consensus must be reached to implement the recommendations. The recommendations from the four commissions require a lot of work to build agreement, and it will take time to decide how to put them into practice. However, Prof. Yunus reminded everyone that these reforms are based on the hopes of the July-August movements and the sacrifices made by students and the public, who gave their lives. Therefore, once a consensus is reached, the people of Bangladesh will expect the recommendations to be implemented. Prof. Yunus also clarified that many of the recommendations will be included in the election manifestos of political parties, and they will be put into action after the election through the parliamentary process. The most important point is that the recommendations directly related to holding free, fair, and inclusive elections must be agreed upon by all parties and implemented before the election.
In this regard, it is also important to mention that at the very outset, the CRC categorically insisted that it is up to the political parties to come to a consensus relating to the implementation of the proposed recommendations. They also emphasized that the political parties must first agree on the recommendations needed to hold free, fair, and inclusive elections and then agree that those recommendations be implemented prior to the National Election.
Conclusion:
The fall of an authoritarian regime in Aug 2024 has created an extraordinary opportunity for Bangladesh to rebuild its democracy and governance. Grounded on extensive public input and thorough analysis, the CRC’s recommendations, , reflect the aspirations of a nation that endured immense sufferings and made sacrifices for freedom and justice.
The proposed reforms seek to correct historical imbalances in power sharing, decentralize power, and ensure democratic accountability at all levels of the government, vertical and horizontal.
However, the road ahead is challenging. Achieving political consensus, especially on reforms critical for free and fair elections, remains the immediate hurdle and indeed, the priority.
As Prof. Yunus aptly reminded, the spirit of the July-August movement must guide the nation’s leaders to honour the sacrifices made for change. If implemented judiciously, these reforms do have the potential to herald a new era of inclusive governance, transparency and accountability in public governance and empower citizens and fortify the democratic fabric of Bangladesh for generations to come.
The author, Khondker Rahman, a Bangladeshi born Australian is a globally experienced expert in sustainable urban planning and urban development with specific focus on climate change mitigation and adaptation.