Experts call for constitutional change in wake of mass uprising

The constitution serves as a vehicle for democratic reform and since the aspirations of 1971 remain unfulfilled, the mass uprising of 2024 has brought forth the need for change, interim government's local government adviser AF Hassan Ariff said today (31 August).

"For this reason, we should consider establishing a second republic while preserving the essence of the first," said the adviser while speaking at a dialogue hosted by the Centre for Governance Studies (CGS).

He said insights from constitutional debates in other countries can guide them.

"A continuously amended constitution does not hinder democratic progress; rather, it remains a dynamic document. Our primary focus should be on democratic reconstruction, incorporating diverse perspectives to rebuild democracy effectively," Ariff said.

The CGS hosted the dialogue to discuss constitutional reform for the interim government at the Bangladesh Institute of International and Strategic Studies (BIISS) Auditorium.

The discussion centred on several key thematic issues, including ways to prevent constitutional dictatorship, measures needed to ensure a level playing field in politics, and whether the Constitution should be amended or completely rewritten.

Distinguished Professor of Illinois State University (USA), Dr Ali Riaz, said the core question is whether the current Constitution can truly support a democratic society.

"Over the past 15 years, we have witnessed an autocratic regime that the Constitution has effectively sustained," he said.

He believes significant reforms are necessary to achieve genuine democratic change.

"The concentration of power in the prime minister's office is a major concern, with the PM holding both executive and presidential authority," Prof Riaz said.

"A critical issue is the independence of the judiciary. The process for appointing members to constitutional bodies lacks transparency and must include open hearings," he said.

The most glaring example was the prime minister's sole appointment of the president, he said.

Similarly, Prof Riaz said the appointment of the Election Commission has been opaque, allowing the government to install its own appointees and conduct elections on its own terms.

"We also need mechanisms to prevent the tyranny of the majority in parliament, potentially through proportional representation or a bicameral system," he said.

He added, "Given the structure of the current Constitution, even a party winning a majority of 300 seats cannot amend it. Therefore, in my view, the Constitution needs to be completely rewritten," Prof Riaz said.

Zillur Rahman, executive director of CGS, moderated the discussion.

Other speakers include Badiul Alam Majumdar, secretary of SHUJAN, Ikteder Ahmed, former judge and columnist, Nurul Kabir, editor of New Age, Borhan Uddin Khan, professor, Department of Law, University of Dhaka, Barrister Sara Hossain, senior advocate, Supreme Court of Bangladesh, Mahfuj Alam, special assistant to the Chief Adviser, among others.

Badiul Alam Majumdar said the interim government must clarify whether it intends to reform or completely rewrite the Constitution.

"Once this decision is made, we can offer our recommendations. Clauses in the Constitution that render one-third of the Constitution untouchable do not constitute the basic structure and can be revised or removed," he said.

Nurul Kabir stated that for a democracy, the roles of drafting and amending the Constitution should be distinct.

He said sovereignty rests with the people, not with the parliament.

"The parliament's role is to amend the Constitution according to its established rules, not to draft a new one. As long as the prime minister holds excessive power, the judiciary will remain ineffective," Nurul Kabir said.

Barrister Sara Hossain said there must be more scrutiny of the argument that the Constitution should be entirely rewritten.

"While dismantling existing structures may seem straightforward, creating something new is far more challenging," said the senior lawyer of the Supreme Court of Bangladesh.