Constitutional reform seeks to restructure power dynamics, checks on PM’s power, institutional decentralisation

The Constitutional Reform Commission is poised to propose a series of reforms aimed at decentralising power within the Constitution of Bangladesh, with a focus on balancing the authority of the state and government.

The commission’s forthcoming report will recommend limiting an individual’s tenure as prime minister to two terms, amending Article 70, introducing measures to enhance power balance, increasing the number of constitutional bodies, ensuring greater accountability, and strengthening the independence of the judiciary.

The report is nearing completion after extensive consultations with stakeholders and surveys.

It is set to be presented to Chief Advisor Muhammad Yunus on Wednesday, according to Commission Chairman Ali Riaz.

Riaz, a professor of political science and government at Illinois State University, told bdnews24 on Monday that the report will propose a shift from a centralised power structure to a more balanced system. “The recommendation will focus on institutional decentralisation.

“The key idea is to move away from centralisation and create a system that ensures accountability."

The report, which will be structured into four to five sections, will include recommendations, reviews, and justifications, and supporting documents.

The implementation of these recommendations is also expected to be discussed with political parties and stakeholders.

Ali Riaz said, “How the recommendations will be implemented will depend on discussions between the government and political parties. That’s not our job.

“We’ve spoken to everyone, gathered their input, and are presenting our recommendations.

“It’s now up to the politicians and the interim government to decide the next steps.”

AREAS OF CONCERN

Prof Riaz highlighted that over 46,000 individuals had shared their views through surveys conducted online and via email, responding to specific questions.

In addition, meetings were held with stakeholders, written submissions were collected, and political parties also provided their written opinions.

"We have tried to identify areas of consensus from these inputs," he said. "Our focus was on the governance crises observed over the past 16 years, as well as issues in the Constitution over the last 52 years."

According to Riaz, the Constitution has facilitated a concentration of power. "We observed a pattern of progressively centralised authority, both institutionally and within constitutional frameworks, leading to a lack of accountability," he explained.

Ali Riaz stressed that calls for power balance stem from the unprecedented concentration of power in the hands of the prime minister. "This is not just about balancing power between individuals like the president and prime minister, but also about creating a robust institutional framework," he said.

Article 48(3) of the Constitution stipulates that the president shall act in accordance with the advice of the prime minister, except in specific circumstances. "Given that the president cannot act without the prime minister’s advice, we focused on how institutional mechanisms can ensure better power balance," Riaz noted.

"We explored systems where decision-making involves not just the president and prime minister, but also the opposition and other political groups."

The commission advocates limiting centralised authority and implementing effective measures, particularly in the appointments to constitutional bodies.

"For example, the commission chief said, “the prime minister’s absolute dominance over appointments to various institutions renders these bodies ineffective. We need to ensure that these institutions function properly.”

"It is crucial to create frameworks where power is distributed among institutions and individuals."

LIMITING THE PRIME MINISTER’S TERM

Prof Riaz highlighted that the prime minister holds multiple roles—party leader, head of government, and leader of parliament—which gives them significant power.

He argued that these roles should be separated to prevent one individual from accumulating too much authority.

"When a prime minister remains in power for too long, the crisis deepens. Long-term power often leads to the dismantling of institutions, as seen under Sheikh Hasina’s leadership, with deeply concerning consequences."

The commission's report suggests that no individual should serve as prime minister for more than two terms, based on the consensus that limiting tenure is essential for the democratisation process.

"Limiting terms encourages political parties to develop new leaders who can step into the role of prime minister," Riaz explained.

"This not only ensures the prime minister’s accountability but also fosters democracy within political parties."

RECOMMENDATIONS TO STRENGTHEN ARTICLE 70

Article 70 of the Constitution mandates that a member of parliament must vacate their seat if they resign from their party or vote against it in parliament.

Prof Riaz pointed out that while MPs are elected to represent their constituencies, their ability to speak for their constituents is compromised under the current interpretation of Article 70.

"We aim to ensure that MPs can remain true to their constituency while still adhering to party lines, without being forced to vacate their seat," he said.

He drew comparisons with the UK, where a change in party leadership does not result in a loss of power for the party.

"In Britain, the Conservative Party remained in power even when its leader changed, and similarly, no one suggested that the Labour Party was unfit to govern, despite questions about the competence of its leader. This type of system is absent in Bangladesh, and Article 70 is a significant obstacle."

The report also proposes strengthening accountability measures. "We have focused on ensuring that the prime minister remains accountable to parliament," Riaz said. "We also examined the role of standing committees, which are supposed to function as mechanisms for accountability, but in practice, they have not.

“The opposition has no significant role to play. We believe Article 70 must be re-evaluated to create paths for greater accountability."

REFORM COMMISSION PROPOSES CONSTITUTIONAL STATUS FOR KEY BODIES

The head of the reform commission has proposed granting constitutional status to the Local Government Commission, the Anti-Corruption Commission, and the National Human Rights Commission, as part of efforts to ensure power balance and accountability.

While the commission leader refrained from detailing the proposed amendments before submitting the report to the chief advisor, he confirmed that the recommendations will encompass the judiciary, executive, legislature, and constitutional commissions.

"We are recommending changes across various sectors, including reforms for constitutional commissions," he said.

Prof Ali Riaz, a key member of the commission, argued that institutions such as the National Human Rights Commission should also be made constitutional bodies.

"We recommend that the recruitment processes for these institutions be transparent and not influenced by individual discretion.

At least five commissions should be made constitutional, including the National Human Rights Commission, the ACC, and a new Local Government Commission," he said.

Highlighting the importance of local governance, Prof Riaz emphasised the need to strengthen local government institutions.

"The central government's control over local government impedes the empowerment of local representatives," he added.

The commission has also recommended an institutional balance between the president and prime minister.

On the judiciary, he stressed that an independent judiciary is crucial for effective oversight of the executive.

"A key marker of a democratic society is the independence of its judiciary. Over the past 16 years, we have witnessed the judiciary being misused, and we are focused on creating safeguards to prevent this," he said.

MUST WAIT UNTIL ELECTION: RESEARCHERS' OBSERVATIONS

Despite the reform commission finalising its recommendations, their implementation must wait until after the election, according to Nizam Uddin Ahmad, a former professor of public administration at the University of Chattogram.

He believes there is no way forward until the next parliament approves the reform report, as the constitution does not permit otherwise.

Nizam said, “This is my personal opinion. They can try to reach a consensus on various issues through discussions with different groups, opinions, and parties.

“However, waiting until the next election is essential. If not, questions about legitimacy will arise indefinitely. There is no other option.”

“It is absolutely impossible through an ordinance. It is clearly said that the constitution cannot be changed by an ordinance,” he added.

Kazi Mohammad Mahbubur Rahman, an associate professor of political science at the University of Dhaka, stressed the need to determine whether the commission’s recommendations will involve constitutional reforms or creating a new constitution.

He said, “If a new constitution is to be drafted, a constitutional council and referendum will be required. For reforms, parliamentary approval is needed, and the process must be finalised through parliament. Otherwise, a referendum is necessary. However, some changes can temporarily be made through ordinances, which will need parliamentary approval later.”

Rahman noted that the political consensus on these matters has yet to be achieved between the interim government and other stakeholders.

“Thus, the question of implementation comes much later; the question of acceptance remains,” he said.

The professor also said the government must repeatedly engage in discussions to understand what the parties want.

However, a clear path to discussions has not yet emerged, he said.

“To bring trust among BNP and other major parties, the main stakeholders in politics, various issues need to be addressed. These include the limitations of the electoral system, decisions on independent commissions like the Anti-Corruption Commission and Human Rights Commission, balancing the powers of the prime minister and president, ensuring government accountability, preventing election-related conflicts after five years, and fostering internal democracy within political parties. Political consensus is essential for these changes,” Rahman added.

There have been calls for the drafting of a new constitution or rewriting the existing one.

The National Citizens' Committee believes that this Constitution has been abolished through the student-led mass uprising.

As a result, they have proposed creating a new one, which includes the formation of a bicameral parliament.

The head of the Constitutional Reform Commission views all of this as a matter of political consensus.

Prof Riaz said, "We have been assigned a responsibility, and we have clear terms of reference. We have been instructed to provide specific recommendations, and we will do so.

“If everyone agrees with those recommendations, how they incorporate them into the constitution will be a political process.

"The Citizens' Committee, as well as the political parties, have their perspectives.

He concluded, “They will engage in talks with the interim government, but we don't know where they will find common ground. The process is up to them."

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Bd News 24 | January 14, 2025