BNP unveils vision for ‘rules-based’ society

The BNP yesterday submitted to the constitution reform commission its 62 recommendations designed to establish a rules-based structure and ensure checks and balances of power.

"However, you need an elected parliament to amend the constitution -- there is no other way," Salahuddin Ahmed, BNP standing committee member, told The Daily Star.

Salahuddin handed over the 62-point proposal to Ali Riaz, chairman of the constitution reform commission.

The party, which was last in power about 18 years ago, have proposed extensive amendments to the constitution to make it more democratic and fulfil the aspirations of the people.

"We have essentially sought a return to the constitution before the 15th amendment, which changed the character of politics in Bangladesh," Salahuddin said.

The 15th amendment to the constitution was passed in the parliament on June 30, 2011.

Reinstatement of the caretaker government system and limiting the prime minister's tenure to a maximum of two consecutive terms are on top of BNP's constitutional reform agenda.

The party also proposed a bicameral parliament, which is a two-house legislative system similar to the British parliament.

A practical reason for a bicameral legislature is to function as part of the larger system of checks and balances that balance the power of different parts of a government or a society. By dividing power within the legislative branch, bicameralism helps prevent the legislative branch from having too much power -- a kind of intrabranch check.

"We will do whatever is necessary to establish a rules-based Bangladesh and our recommendations for comprehensive reforms of the constitution come from that place," Ahmed told The Daily Star.

The BNP proposed bringing a balance of power between the prime minister and the president by way of enhancing the president's power. It also suggested creating the posts of vice-president and deputy prime minister.

Talking to The Daily Star, Salahuddin said the BNP wants Article 123(3) of the constitution annulled.

The Article 123(3) says that a general election of the members of parliament must be held before 90 days of dissolution of the parliament. 

It has also called for measures to establish a balance of power among fundamental state institutions, including the executive, judiciary and legislative branches, to ensure "harmonious cooperation" and uphold fundamental rights, according to Salahuddin.

The party also proposed referendum system in case of any amendment in article 8, 48, 56, and 142 of the constitution to be reintroduced.

The BNP also called for putting Article 8 of the constitution which pertains to fundamental principles of state policy to its previous form before the 15th amendment and removal of aritcle 7A and 7B. 

Referendums were part of Bangladesh's earlier democratic practices, he said.

Additionally, the party proposed the formation of a lower judicial council to be led by the chief justice of the Supreme Court to ensure proper oversight, Salahuddin added.

Earlier in the day, after handing in the constitutional reform proposals, Salahuddin told the gathered media that the recommendations range from the preamble of the constitution to the schedule.

"We hope the commission will consider our suggestions, which reflect the aspirations of the people, the spirit of the martyrs of the July-August revolution and the current realities of Bangladesh. The proposals aim to ensure that parliamentary autocracy or dictatorship cannot emerge in the future."

He further highlighted the need for reinstating the caretaker government system, calling it "the number one demand of the people".

The matter is pending in court. "We hope the verdict will favour the public."

The BNP's proposals address all aspects of the republic, including the executive, judiciary, legislative, election commission, and the schedule to establish a democratic system within the constitution.

"The aim is to create a balance of power in all branches of the state."

Asked how the constitutional amendments would be carried out in the absence of parliament, Salahuddin said the proposals are now with the commission, which is tasked with reviewing them and making recommendations to the interim government.

The other political parties including Jamaat-e-Islami have also handed in their proposals for constitutional reforms.

"We believe there will be consensus on most points, although differences may arise in some areas."

Once consensus is reached on the reforms needed to the constitution, the commitments would be included in the electoral manifesto and all parties will pledge to implement the constitutional changes once they assume power after the next election.

"We are hopeful our recommendations will be incorporated -- it is not the job of the interim government to amend the provisions of the constitution," Salahuddin told The Daily Star.