The path forward

The Bangladesh 2.0 reset has begun, but the nation stands at a precipice. This is a unique opportunity to break free from the cycle of authoritarianism and build a genuinely democratic future. But this window for change may be short-lived. Now is the time for bold action.

In an earlier op-ed in the Dhaka Tribune, “A second chance,” I argued that Bangladesh stands at a critical crossroad, with an opportunity to reshape its future. I wrote then: "Bangladesh has been given a second chance, and the only way to ensure success without reverting to the past is by making fundamental changes. This will not be easy. While the path forward will be challenging, the 'whats' are clear. The 'hows' will require patience, determination, and foresight."

In this follow-up piece, I address the path forward, focusing on the "hows" -- the concrete steps we must take to safeguard our democracy from sliding back into autocratic rule. As we face mounting political pressure, the need for decisive action has never been more evident.

Our governance structures, starting with the Constitution, are not set in stone. Now is the time to rethink and reform them to ensure true representation and accountability.

Below, I present concrete solutions ('hows') to four critical issues ('whats') and the reasoning ('whys') behind each.

What: Rethinking representation

Bangladesh’s first-past-the-post (FPTP) parliamentary voting system has concentrated power in the hands of those who win, even if by narrow margins, sidelining much of the electorate.

Why: This system often turns slim majorities into supermajorities, giving winning parties outsized power, including the ability to amend the Constitution. Such a concentration of power distorts governance, letting the majority party make policies that sideline minority voices. 

We’ve seen the negative consequences of this imbalance in the past.

For example, creating the Bangladesh Krishak Sramik Awami League (BAKSAL) in 1975 turned the country into a one-party state. BNP’s supermajority in 2001 and the Awami League’s in 2008 politicized the judiciary, shrunk democratic space, and led to the aggressive suppression of dissent. 

We’ve also experimented with a presidential system in the past, but that, too, fell into autocratic tendencies. Under this system, parliament became merely a rubber stamp for the president, who was from the same ruling party.

A side note: Article 70 of the Constitution must go. The article prevents MPs from crossing the floor or exercising their conscience by voting against the party line. This results in stifling dissent and debate and limiting voter choice.

We need a fairer, balanced model that corrects these historical flaws and truly reflects the electorate's diversity and will.

How: To create fairer and more balanced governance, we must implement a hybrid election system combining the best proportional representation (PR) and FPTP voting. This system would address the shortcomings of both approaches, ensuring smaller parties are not excluded, as in FPTP, while avoiding the instability and fragmentation of pure PR models. While PR ensures fairer representation, it can also lead to fragmented parliaments with many small parties, making it difficult to form stable governments resulting in policy paralysis and political deadlock.

Under this model, some seats would be filled through FPTP, where the candidate with the most votes in a constituency wins, preserving the direct link between voters and representatives. The remaining seats would be allocated through PR, where parties gain representation based on their share of the national vote, giving smaller parties a voice. Maintaining a majority of seats under FPTP ensures stability, while the PR component promotes political diversity. A minimum vote threshold for PR seats would help reduce the possibility of excessive fragmentation. 

This balanced model would reflect the electorate's preferences more accurately, reducing the “tyranny of the majority”  and ensuring minority voices are heard.

***

What: Reforming the judiciary

Beyond electoral reform, ensuring an independent judiciary is equally crucial for preventing the abuse of state power and safeguarding individual rights.

Why: Political interference has repeatedly compromised the independence of the judiciary, eroding public faith in the rule of law.

The controversial removal of the Chief Justice in 2017 directly undermined the court's integrity. In 2011, under pressure from the ruling party, the Supreme Court declared the caretaker government system unconstitutional, paving the way for amendments that enabled subsequent electoral manipulations.

Judicial independence is not only vital to safeguard citizens' rights but also to restore public trust in our legal system, which has been eroded by political interference.

How: While some frameworks for judicial appointments and accountability exist, they are under-developed and lack independence and transparency. We must create a Judicial Appointments Commission to select judges based on merit, legal expertise, and ethical conduct, ensuring political autonomy. Key appointments, especially to the Supreme Court, must undergo a transparent public vetting process to boost public confidence.

We must also create an Independent Judicial Oversight Council to monitor appointments and ensure judges’ tenure is secure from political pressure. This council, composed of impartial legal experts, would handle disciplinary actions through transparent investigations. Regular performance reviews and a strong Code of Judicial Conduct would ensure transparent disciplinary actions and accountability.

What: Ensuring fair elections 

While a robust judiciary provides a vital check on power, free and fair elections are the cornerstone of any democracy. To truly reflect the will of the people, Bangladesh must address the flaws of its electoral processes. 

Why: Bangladesh has a long history of elections tainted by allegations of irregularities and voter intimidation. The 2014 general election, boycotted by major opposition parties, was marked by accusations of voter suppression, ballot stuffing, and compromised oversight. Similarly, the 2018 election saw reports of voter intimidation and restricted access for opposition candidates. The 2023 election continued this troubling trend, marred by a major opposition boycott and widespread voter manipulation and intimidation allegations, deepening the public’s distrust in the electoral process.

How: We must reinstate a reformed Caretaker Government System to oversee elections and ensure neutrality. A new version must be redesigned with clearly defined terms and limited powers to focus strictly on electoral oversight. The caretaker government must be composed of non-partisan individuals such as retired judges, respected civil society members, and other neutral figures. We should also ensure we have mechanisms for judicial review to ensure accountability throughout their limited tenure.

In addition, we must reform the Election Commission (EC) to guarantee its independence, including a transparent selection process for commissioners similar to what I had proposed for judicial reforms. The EC must have financial freedom and be granted judicial and police powers to command security forces, preventing voter intimidation and ballot-stuffing. It must be empowered to oversee transparent ballot counting, free from interference, and to ensure unbiased media coverage throughout the election process.

These changes will help restore the elections' integrity and public trust in the democratic process. 

What: Introducing a second chamber

In addition to electoral and judicial reforms, strengthening parliamentary oversight is vital to prevent the concentration of power. Introducing a second chamber can provide a crucial check on legislative processes.

Why: Most stable democracies, including countries like the United Kingdom with its House of Lords and India with its Rajya Sabha, have successfully implemented bicameral systems which provide crucial oversight and improve the legislative process. These examples show how a bicameral legislative system can improve governance by preventing hasty decision-making, carefully reviewing laws, and fostering diverse representation. In Bangladesh’s context, where concentrated power has at times led to rushed or controversial legislative changes, this would be especially helpful.

How: We must establish a second chamber, or an Upper House, in Bangladesh's parliament to enhance governance by bringing in expertise and diverse perspectives. The second chamber would serve as a revising body with the power to suggest amendments or delay legislation passed by the directly elected lower house, ensuring that laws receive deeper scrutiny.

The composition of this Upper House could be based on a mixed model to balance expertise with democratic representation. Members could be selected through appointments from regional councils, professional bodies, community organizations, and elected representatives from specific groups, such as minority communities or under-represented regions. This would ensure that various interests and voices are represented in the national decision-making.

Joint sessions or mediation committees could be established to resolve conflicts and ensure smooth decision-making between the two chambers. While the lower house, as the directly elected body, would retain the ability to veto decisions, the second chamber would add valuable oversight and a wider range of perspectives to the legislative process. This structure would create a more robust, inclusive governance system that prevents the concentration of power and promotes better laws through deeper scrutiny.

As history has shown us time and again, “Those who cannot remember the past are condemned to repeat it (George Santayana).” The lessons of our past are clear: Without a constitution that prevents power abuse, we risk repeating history. 

The current administration, under Mohammad Yunus, has a time-limited mandate. They need more time to address the fundamental flaws in our governance. We must support and give them the time to make these necessary changes. Real change demands shared commitment, patience, and foresight. Now is the time to act -- to build a future where no one can monopolize power, all voices contribute to decisions, and democracy thrives with integrity.

 

Dr Zunaid Kazi is a passionate advocate for Bangladesh. In 1994, he created "Virtual Bangladesh," the first comprehensive and multiple award-winning website on Bangladesh. His professional career is in AI and entrepreneurship.