A constitution is a sacred document for any nation, reflecting its socio-political and economic character and laying the foundation for its governance. It guarantees citizens’ basic, inviolable rights and protections.
Bangladesh adopted its constitution on November 4, 1972, as a testament to the nation’s commitment to the principles and values it enshrines. Sadly, since its inception, the Constitution has failed to protect both the people’s rights and its own sanctity.
From the very beginning of our journey as an independent nation, the Constitution has been subject to repeated amendments and distortions, primarily to satisfy the authoritarian ambitions of individual leaders.
Tragically, this process of undermining the Constitution began with Bangabandhu and was finally choked by his more ruthless daughter Hasina, who excised its most vital parts to try and secure her lifelong rule.
As citizens, we had been made subservient to her oppressive regime. Fortunately, this oppressive force has now been expelled from our land, and she has sought refuge with her foreign backers.
The newly formed interim government, responding to the broader demands of the citizens, have constituted several reform commissions, including the Constitution, to reform or revise it, so as to align with the aspirations of the people.
What is most important is creating a certain irrevocable statute that puts a strong defense against its manipulation.
In light of these circumstances, I would like to propose the following recommendations for consideration by the newly-formed Constitutional Reform Committee:
Proportional representation:This is to ensure that all factions of society, regardless of political leanings, feel a sense of participation and belonging.
Bicameral Parliament: The Lower House would be composed of elected representatives, while the Upper House could consist of representatives from various segments of society, such as the armed forces, academia, business, and professionals. The Lower House should have twice the members than that of the current figure, while the Upper House should be capped at one-third the size of the Lower House. Parliamentary terms should be limited to four years.
Student participation: As the July/August uprising was led by student leaders, an innovative model should be introduced to ensure their involvement in the law-making process. This could take the form of an independent Student Parliament, which would review and filter new laws, incorporating students’ views and aspirations before submitting them to the main Parliament. Triangular committees, drawing members from both Houses, could review and scrutinize proposed legislation.
Amendment process: Any amendments to the Constitution should require a more rigorous process, involving the president, the Supreme Court, and all branches of parliament, followed by a national referendum.
Term limits for the prime minister: The PM’s tenure should be limited to two terms, with each term lasting no more than four years -- this has been a long-standing demand.
Restriction on family appointments: Close relatives of the PM should be prohibited from holding any public or political office during the PM’s tenure.
Ombudsman: A constitutional office of Ombudsman should be established to ensure oversight and accountability in government affairs.
Provincial governance: There should be consideration for transforming the country’s administrative divisions into autonomous provinces with enhanced powers. While this may involve significant initial costs, the long-term benefits would include regional economic growth, increased industrialization, job creation, and a reduction in internal migration. This, in turn, would help ease population pressure and traffic congestion in the capital.
Balance of power: We need more parity and balance between the offices of the president and the prime minister to avert the emergence of any potential dictatorial tendency.
I have no doubt that Chief Advisor Muhammad Yunus is determined to complete his task of rebuilding the nation by reforming its vital institutions before stepping down. He is not known to retreat from facing challenges.
We might also consider introducing a distinguished post for Dr Yunus, such as “Minister Mentor,” or “Minister Guardian” akin to the role Singapore created for its revered leader Lee Kuan Yew after he vacated the prime minister’s office. This would be a constitutional position tasked with ensuring that the government, its functionaries, and parliament remain true to their national obligations.
Ashraf ud Doula is a former Secretary to the Government and retired Ambassador.