Bangladesh at the Brink: Rewriting a Nation’s Future

(After Part-1)

The most important proposal of the Constitutional Reform Commission is the formation of the National Constitutional Council (NCC).

Despite decades since independence, Bangladesh still witnesses bloody clashes between ruling and opposition parties on the streets. Even after the mass uprising against Ershad in the 1990s, democracy has failed to take root. Against this backdrop, the National Constitutional Council could be the most viable solution. The core objective of the reform commissions has been to create a balance of executive power, so that no one can rise as a fascist again—no new 'Hasina' can emerge.

The NCC can offer an appropriate institutional solution. According to the Constitutional Reform Commission's recommendation, the NCC would be a national body composed of representatives from the executive, legislative, and judiciary branches of the state.

The members of the NCC would include:

• The President

• The Prime Minister

• The Leader of the Opposition

• The Speaker of the Lower House

• The Speaker of the Upper House

• The Chief Justice of Bangladesh

• The Deputy Speaker of the Upper House nominated by the opposition

• The Deputy Speaker of the Lower House nominated by the opposition

• One member elected from among the remaining members of both houses, excluding those directly representing the Prime Minister and Leader of the Opposition

These individuals will constitute the National Constitutional Council. The individual elected from the remaining members of parliament, excluding those representing the government and opposition, will be chosen by a majority vote from among MPs not affiliated with the Prime Minister or the Leader of the Opposition. This election must be completed within seven days of forming the Upper House. If a coalition government is in power, only the members of parties other than the Prime Minister’s own may vote in this selection.

The NCC will remain active until the Chief Adviser of the interim government takes oath, even after the dissolution of Parliament. In the absence of a legislature, the NCC will comprise:

• The President

• The Chief Adviser

• The Chief Justice of Bangladesh

• Two members of the Advisory Council nominated by the Chief Adviser

The NCC will recommend names to the President for appointments to the following constitutional positions:

• Chief Election Commissioner and other Commissioners

• Attorney General

• Chairman and members of the Public Service Commission

• Chairman and members of the Anti-Corruption Commission

• Chairman and members of the Human Rights Commission

• Chief Local Government Commissioner and other Commissioners

• Chiefs of the Defense Forces

• Any other position specified by law

Despite being independent for decades, Bangladesh has not achieved its democratic aspirations. Constitutional and democratic institutions have been systematically destroyed. All governments have deeply politicized these institutions, stripping them of neutrality and turning them into tools of autocracy. In this context, there is no alternative to the NCC. To fulfill the key objectives of the July uprising, establishing the NCC is essential. Unfortunately, the BNP has strongly opposed the formation of the NCC. The party assumes it will return to power and is thus unwilling to surrender its control over constitutional appointments. According to BNP Standing Committee member Salauddin Ahmed, if all constitutional appointments are handed over to the NCC, what power will the Prime Minister retain? How will the Prime Minister run the country? It will become too complex to govern!

In this regard, the saying is apt: "He who goes to Lanka becomes Ravana." The BNP is unwilling to let go of the opportunity to become a new Hasina.

Conversely, Jamaat-e-Islami and most other political parties have expressed support for the NCC. Jamaat has suggested excluding the President and Chief Justice from the NCC. Their reasoning is that these two should remain above the fray—as guardians of the state. If they are included in the NCC and a deadlock arises within it, the nation will have nowhere else to turn. Therefore, Jamaat supports the formation of the NCC, excluding the President and Chief Justice.

Mainstream parties, including the NCP, have expressed their support for the NCC. A few nominal parties have echoed BNP's opposition. However, as citizens, we must remain steadfast in supporting the NCC. If for any reason the NCC cannot be established, then at the very least, the method of ensuring neutrality in constitutional appointments must be enshrined in the Constitution. To this end, Citizen Initiative, led by Shahidul Haque, has taken the effort to bridge political divides and bring all parties, including BNP and Jamaat, to a middle ground. They suggest that if BNP cannot agree to the NCC, then a Parliamentary Standing Committee can be formed to carry out these appointments—so that institutional neutrality can be safeguarded and no individual in the future can rise as a fascist leader. For those of us who have witnessed the July Uprising, we must remain strict about the NCC. If political parties refuse to ensure neutral appointments through either the NCC or a Standing Committee, we too must boycott the elections. Without ensuring this condition, holding a parliamentary election would be suicidal. The country will once again regress to the pre–5th August situation.

Prime Minister and President: The Reform Commission has emphasized the issue of balancing powers between the Prime Minister and the President. In the previous section, we discussed that the same person should not simultaneously hold the positions of Prime Minister, party chief, and Leader of the Parliament. To prevent the over-centralization of power, no individual should be allowed to serve as Prime Minister for more than two terms in total, whether consecutively or otherwise, or for more than ten years in total.

Regarding the election of the President, the Commission recommended that the President should be elected not only by the members of Parliament but by a majority vote in an Electoral College. The proposed Electoral College would include:

• Every member of both houses of the legislature, with one vote each

• Each District Coordination Council would cast one vote (64 votes from 64 districts)

• Each City Corporation Coordination Council would collectively cast one vote

Discussions and Political Parties’ Opinions: We have witnessed over the last 15 years what can happen when too much power is concentrated in one individual’s hands. Therefore, including a provision in the Constitution that no person can be Prime Minister for more than two terms in total is undoubtedly a crucial recommendation. However, it is unfortunate that although the BNP, during Hasina’s regime, proposed a 31-point reform plan emphasizing balance of power, it is now backtracking. BNP has come up with a rather ridiculous proposal that a person may not serve more than two consecutive terms as Prime Minister, instead of a total of two terms. They also disagree with the suggestion that one individual cannot simultaneously be the Prime Minister, party chief, and Leader of the House.

On the other hand, Jamaat and several other parties have agreed with the recommendation of limiting the Prime Minister to no more than two terms. Since BNP is a major political party and does not support this proposal, the Reform Commission has compromised by suggesting a maximum of three terms instead of two.

As of now, there is no indication that the BNP has accepted this revised proposal. Both BNP and Jamaat have objected to the proposal of allowing local government representatives to vote in the presidential election through the Electoral College. Some have argued that this could lead to rampant use of black money to buy votes from local representatives, similar to the corruption seen in district council elections. However, if free and fair voting can be ensured, and local government elections are held without the use of party symbols, then the President can truly become a guardian of the state, rather than a partisan figure. However, the general public must express their support for the Reform Commission’s recommendations and create public pressure on political parties to adopt these reforms.

Judiciary: The BNP, Jamaat-e-Islami, NCP, and all other political parties have reached a consensus on recommendations aimed at ensuring the independence of the judiciary. They agree on establishing a separate secretariat for the Supreme Court, transferring the lower courts under its jurisdiction, and appointing judges to the higher courts free from government influence. However, differences remain regarding who should be appointed Chief Justice.

Despite the precedent of ABM Khairul Haque being appointed Chief Justice by violating the principle of seniority—and his bench subsequently declaring the caretaker government system unconstitutional—the BNP has put forward several proposals, including appointing the Chief Justice from among the three most senior judges of the Appellate Division.

Jamaat has proposed that the most senior judge of the Appellate Division should be appointed as Chief Justice. The NCP has echoed the same proposal.

• Once the term of the current government ends as per the constitution, and until a newly elected government assumes office, an interim government will be in charge of state administration.

• 2.1 This interim government will be known as the "Election-time Government." This government will be formed within 15 (fifteen) days after the dissolution of the current parliament (Jatiya Sangsad). The President will invite the Prime Minister to form the interim government. The existing Prime Minister will continue until a new Prime Minister is appointed.

• 2.2 If the parliament is dissolved before its term, the Election-time Government will be formed within 15 (fifteen) days of the dissolution.

• This government will assist the Election Commission in conducting a free, fair, and participatory national election and ensure overall state administration continuity.

• 4.1 The Prime Minister, after consultation with the major political parties, will form the Election-time Government and recommend the names of members to the President.

• 4.2 The size of this government (including the Prime Minister) will not exceed 10 (ten) members.

• 4.3 No member of this government can be an election candidate.

• 4.4 The Prime Minister will select experienced individuals from various sectors such as administration, judiciary, education, civil society, armed forces, law enforcement, and other relevant areas.

• 4.5 If a retired judge is appointed to this government, he/she must be from among those who served as Appellate Division judges and retired at least 3 (three) years prior.

• 4.6 If a former Chief Justice is appointed, the same 3-year gap rule must apply.

• 4.7 If multiple former Chief Justices are eligible, the one who served most recently will be appointed, unless he is unwilling, in which case the next in line will be considered.

• 4.8 If no former Chief Justice is available, a former Appellate Division judge may be appointed following the same seniority principle.

On the Caretaker Government in Bangladesh, many significant events have unfolded in connection with the caretaker government system in Bangladesh. The concept was first introduced during the regime of Hussain Muhammad Ershad, spearheaded by the former Ameer of Jamaat-e-Islami, Professor Ghulam Azam.

Following Ershad’s fall during the mass uprising of the 1990s, an interim government was formed under Justice Shahabuddin Ahmed, through which the Bangladesh Nationalist Party (BNP) assumed power via national elections. However, the BNP later orchestrated the infamous vote rigging in Magura, which shocked the nation and undermined public trust in the electoral process. In response, opposition parties, including the Awami League and Jamaat-e-Islami, launched a movement demanding the establishment of a neutral caretaker government. On one side were continuous blockades, strikes, and non-cooperation programs by the opposition; on the other, the BNP proceeded with a sham election on 15 February 1996—held without voter participation and without opposition candidates—widely regarded as a disgraceful episode in Bangladesh’s democratic history. Sensing public outrage, the BNP swiftly passed legislation in the newly constituted parliament to establish a caretaker government and called for a fresh election.

In 2001, under the leadership of Justice Latifur Rahman, a free and fair election was held, earning public and international credibility. However, controversy emerged ahead of the next election regarding the appointment of the Chief Adviser to the caretaker government. The BNP attempted to appoint Justice K. M. Hasan—perceived as a party loyalist—to the position. To facilitate this, the retirement age of Supreme Court judges was extended from 65 to 67 years. The opposition alleged that Justice Hasan had once served as a leader of the BNP's student wing, Chhatra Dal, raising concerns about neutrality. This triggered another wave of destructive political unrest.

On 28 October 2006, the country witnessed the notorious logi-boitha (poles and sticks) clashes. This led to the imposition of a state of emergency and the onset of the 1/11 era (11 January 2007), when a military-backed caretaker government—reportedly supported by India and led by Fakhruddin Ahmed and General Moeen U Ahmed—assumed power. Following their rule, elections were eventually held, and the Grand Alliance, led by the Awami League, won more than two-thirds of the parliamentary seats.

Ironically, it was Sheikh Hasina—who had once fiercely protested for the caretaker system, resigned from parliament, and led movements that resulted in the loss of thousands of crores of public funds—who ultimately abolished the caretaker government system once in power. What followed were the voterless election of 2014 and the controversial 'midnight election' of 2018.

By 2024, Bangladesh witnessed yet another mock electoral process, which many labeled a "dummy election." If this cycle continues, it threatens to bring immense suffering and democratic regression for the nation. Both the BNP and the Awami League share responsibility for discrediting and dismantling the caretaker government system. The Reform Commission’s proposals may offer a roadmap to resolve this long-standing political crisis. Thus, establishing a credible, neutral, and constitutionally grounded caretaker government mechanism is now more urgent than ever.

Disagreements Over the Implementation Method: Political parties remain sharply divided over how the reform proposals should be implemented. The BNP (Bangladesh Nationalist Party) proposes that, following dialogue with the Reform Commission, the points agreed upon by the political parties should be consolidated into a “July Charter.” Based on this charter, the next parliament would carry out constitutional reforms. However, Jamaat-e-Islami opposes this approach. The party argues that six out of the 17 constitutional amendments made in the past have been either partially or entirely struck down by the courts. Therefore, they believe that even if constitutional changes are made based on consensus, the same fate may await them.

Instead, Jamaat proposes that the constitutional reform—like the 12th Amendment—should be adopted through a national referendum, so that no future government can challenge its legitimacy. National Citizen Party (NCP), on the other hand, suggests that the reforms should be carried out through a Constituent Assembly. They propose holding elections for both the National Parliament and the Constituent Assembly simultaneously. The new legislature would then serve in the dual role of lawmaking and constitutional reform. Once the reform is finalized, it would be transformed into law by the parliament. Although a few parties, including Ganosamhati Andolon, have expressed support for the idea of a Constituent Assembly, both the BNP and Jamaat are strongly opposed to it. BNP Standing Committee member Salahuddin Ahmed stated that there will be only one election in the future, and that will be the national parliamentary election. The parliament itself will carry out the constitutional reforms. He further argued that there is no alternative method for constitutional amendment. A Constituent Assembly, he said, is appropriate only in countries that need to draft a new constitution—but Bangladesh already has a constitution. Jamaat’s Nayeb-e-Ameer, Dr. Syed Abdullah Mohammad Taher, argued that experience has shown amendments passed in parliament often become outdated or irrelevant with changing contexts. Therefore, a referendum would be a more durable and sustainable solution.

Referring to the 1972 Constituent Assembly, NCP’s Member Secretary Akhter Hossain recalled that Bangladesh’s constitution was drafted and adopted in 1972 by the Constituent Assembly formed after Pakistan’s 1970 election. That constitution incorporated the ideals of the Awami League. Now, he argues, the country needs a constitution that reflects the aspirations of post-uprising Bangladesh of 2024, and embodies the voice and expectations of the people.

To implement the recommendations of the Reform Commission and establish national consensus, a National Consensus Commission has been formed under the leadership of Dr. Yunus. In the first phase, discussions were held with around 39 political parties. On the issues where disagreements remain, the National Information Commission has initiated a second phase of dialogue with the political parties starting in June. Although there are significant differences among the political parties, the nation still hopes that, by making some compromises, a meaningful consensus can be reached. This moment stands as a turning point for the nation.

We seek a reform process in which all parties rise above narrow interests and work together sincerely. In the past, political parties have repeatedly made promises but failed to deliver, leading to the people's continued betrayal. At this moment, reforms must be implemented through a strong framework based on the partnership of society, political parties, and the interim government. Pressure must be put on the political parties. Their commitments must be ensured. If we fail now, it may never be possible to build the truly independent and sovereign Bangladesh we once dreamed of.

O broken land, I feel your flame,

Your cries of freedom call my name.

No chain can hold, no fear can bind—

I rise with you, unchained in mind.

[This is the second and last part of a two-part analysis. Find the first part in the June '25 Issue]