The head of the Constitution Reform Commission has submitted the report to the Chief Adviser of the interim government, Professor Dr. Muhammad Yunus. The Chief Adviser’s Press Wing announced that this report was handed over at the Chief Adviser’s office in Tejgaon on Wednesday morning (January 15). Later in the afternoon, Professor Ali Riaz, head of the reform commission, elaborated on the report at a press conference.
In the proposal, it is suggested to omit nationalism, socialism, and secularism from the Constitution, recommending inclusion of equality, human dignity, social justice, pluralism, and democracy. Additionally, the Commission has recommended establishing a bicameral parliament where everyone is represented, with the lower house based on majority and the upper house based on proportionality. The Commission further states that one of the reasons Bangladesh has faced autocratic rule over the last 16 years is due to the lack of institutional balance of power.
Therefore, to prevent power concentration in one person or institution, the Commission recommends establishing a “checks and balances” system through a constitutional body called the National Constitutional Council. This council would include the President, the Chief Justice, the Prime Minister elected through Parliament, the Leader of the Opposition, Speakers and Deputy Speakers of both Houses (with the latter from the opposition), and one representative of other parties.
The Commission believes this institution can make the appointment process transparent and accountable. It’s clear that reducing the absolute power of the Prime Minister is crucial so that they cannot appoint heads of constitutional bodies like the Election Commission or the armed forces at their sole discretion; thus, the Commission recommends assigning these powers to the National Constitutional Council. The Commission feels there should be a mechanism for the Prime Minister to face a no-confidence vote in Parliament, and with this in mind, it has proposed some amendments to Article 70 to ensure the Prime Minister isn’t solely protected.
The Commission believes that the way Bangladesh is described as “People’s Republic of Bangladesh” does not truly reflect democracy, and suggests that Bangladesh should be known as “Democratic People’s Bangladesh.” The Commission has advised on the clear structure of the interim government, suggesting that the responsibility for selecting the Chief Adviser should not rest with one individual or institution, thus recommending this be assigned to the National Constitutional Council.
The Commission recommends decentralization of the judiciary, stating that to establish justice and make it accessible to all, decentralization is necessary.
It suggests setting up a single permanent bench of the High Court Division with full authority and status in every divisional city while maintaining the unitary character of the Supreme Court.
According to those consulted by the Commission, all believe a strong local government system is essential, leading to recommendations for forming a Local Government Commission. They have also proposed the establishment of “Coordination Councils” at district and city corporation levels.
Additionally, the Commission has spoken about expanding the scope of fundamental rights and recommending a comprehensive single charter for their constitutional protection. The Commission believes the current method of electing the President reflects individual will, thus suggesting a change in the electoral process to an electoral college system for electing the President.
At the time of submitting the recommendations, Professor Ali Riaz, head of the Commission, expressed hope that political parties could reach a consensus regarding these recommendations.
