Cut PM’s absolute powers – constitutional reform commission proposes

The Constitutional Reform Commission has recommended a four-year bicameral parliament, curbing the prime minister's absolute power, and restoring the balance of institutional authorities.

The commission, headed by Ali Riaz, today (15 January) submitted its report to Chief Adviser Muhammad Yunus, presenting 68 proposals across seven major constitutional sections while recommending the repeal of 13 sections, including the one referring to "People of Bangladesh as Bangali". It proposed replacing the term "Bangali" with "Bangladeshi".

To reflect the ideals of the 1971 Liberation War and the aspirations of the 2024 mass uprising, the commission proposed constitutional reforms based on five principles: equality, human dignity, social justice, pluralism, and democracy, while scrapping nationalism, socialism and secularism.

The formation of a National Constitutional Council has been proposed to limit the PM's absolute power, restore institutional balance, and oversee the formation of the interim government. 

The commission also recommended the creation of a bicameral parliament, with a lower house, (National Assembly), and an upper house (Senate). 

The Senate will have 105 seats, and the National Assembly will have 400 seats, with both houses serving a four-year term. 

Except for Finance Bills, members of the lower house will have full voting power, allowing them to vote against the party that nominated them.

According to the reform commission, the absence of an institutional power balance is a key factor behind the rise of autocratic authoritarianism in Bangladesh.

Dilara Chowdhury, a professor at Jahangirnagar University, told The Business Standard, "The commission recommended creating multiple power centres to limit the executive head's authority, which would help establish necessary checks and balances for democracy. This signals positive change, but its success depends on political goodwill."

National Constitutional Council

The commission proposed creating the National Constitutional Council (NCC) to prevent power concentration and establish checks and balances between the three state branches and the PM and president.

The NCC will consist of representatives from the three branches of government — the Executive, Legislative, and Judiciary. 

This council would include the president, PM, chief justice, and leader of the Opposition (both elected through the parliament), the speakers of both houses, deputy speakers from the opposition, and a representative of other parties by default, with one additional member elected by the joint vote of both houses.

Even if the parliamentary assembly is dissolved, the NCC will remain active until the chief adviser of the interim government assumes office.

The commission outlined a framework for forming an interim government after parliament's dissolution. It suggested that the selection of advisers should not be handled by a single individual or institution. Instead, the NCC will have this responsibility.

Based on the NCC's advice, the president will have the authority to declare a state of emergency.

Criticising the proposed NCC, Political analyst and author Mohiuddin Ahmed told TBS, "If a 'super institution' is placed above other institutions, it will create complications. Since political parties often do not nominate individuals with clean reputations, the effectiveness of state institutions will be undermined."

"Also, there are concerns about whether political parties will be able to reach a consensus on other recommendations. Specifically, the proposal allowing 'members of the lower house to vote against their own party' could put political parties at a disadvantage, which is why they may resist this change," he added.

Curbing PM's power

The reform commission proposed that the prime minister would be elected based on the majority support from the lower house of parliament. 

A person can serve no more than two terms as prime minister, whether consecutive or not. Additionally, the prime minister cannot simultaneously hold the position of political party leader or head of parliament.

The commission has recommended reforms to ensure that the PM can face a no-confidence motion in Parliament. It has also proposed amending Article 70 to prevent the prime minister from being entirely shielded by it.

President

The proposal suggests expanding the president's jurisdiction and revising the election method to an electoral college system. 

The president's term will be set at four years, with a maximum of two terms in office. The president may be impeached for treason, serious misconduct, or constitutional violations, with the process initiated in the lower house.

Proposed bicameral parliament structure:

The proposed bicameral parliament will consist of 505 seats in total. Of the 400 members in the lower house (National Assembly), 300 will be directly elected from regional constituencies. 

An additional 100 women members will be elected from 100 constituencies across the country designated exclusively for women, with only women candidates eligible. 

Political parties must nominate candidates under 35 for at least 10% of the total lower house seats. 

The minimum age to contest National Assembly elections will be lowered to 21 years.

The Senate will consist of 105 members, with 100 seats allocated based on the proportion of votes cast in the general elections. Political parties may nominate these candidates for the upper house under the Proportional Representation (PR) system. 

The remaining five seats will be appointed by the president, who will select individuals not affiliated with any chamber or political party.

There shall be two deputy speakers in the lower house, one of whom will be nominated by the opposition party. 

A Member of Parliament shall not hold more than one of the following positions simultaneously: (a) Prime Minister, (b) Leader of the House, or (c) Head of a political party. 

The chairpersons of the parliamentary standing committees will always be selected from opposition members. 

To be eligible for representation in the upper house (Senate) under the Proportional Representation system, a political party must secure at least 1% of the votes in the general elections. The speaker of the upper house will be elected from among its members by a simple majority, and there will be a deputy speaker elected from the upper house members who are not part of the ruling party.

Decentralising the Judiciary

To enhance justice and accessibility, the reform commission has recommended decentralising the judiciary. 

It proposed preserving the Supreme Court's Appellate Division structure while decentralising the High Court Division by establishing permanent High Court benches in all divisions across the country.

Additionally, it suggested using the term "local court" instead of "lower court."

The reform commission also proposed the formation of a Judicial Appointments Commission to oversee the appointment of judges. 

It recommended granting full financial independence to the judiciary.

Five constitutional commissions proposed

The reform commission recommended establishing five constitutional commissions: the Human Rights Commission, Election Commission, Public Service Commission, Local Government Commission, and Anti-Corruption Commission. 

While the Election Commission and Public Service Commission already fall under constitutional jurisdiction, the proposal seeks to include three additional commissions within the Constitution.

Constitutional amendment

The reform commission also proposed reinstating the provision for a referendum to amend the constitution.

Any constitutional amendment would need the approval of a two-thirds majority in both houses. Once approved, the amendment would be subjected to a referendum, where a simple majority would determine the outcome.