AS BANGLADESH stands at a crossroads, the role of the interim government has emerged as a pivotal force in shaping the nation鈥檚 democratic future. Formed in response to escalating political tension and a widespread call for electoral reforms, the interim administration is entrusted with the critical task of overseeing a fair and transparent transition of power ahead of the forthcoming national elections. The government aims to act as a neutral entity amid a charged political atmosphere, tasked with not only maintaining stability but also addressing diverse concerns of political parties and civil society.
In a climate marked by rising political polarisation, public protests and increasing demands for accountability, the government has become a focal point in discussions surrounding electoral legitimacy and necessary constitutional reforms. The decisions made and policies framed by this transitional administration will significantly impact the trajectory of democracy, determining whether it can foster public trust and facilitate a smooth, credible electoral process.
Amidst this backdrop, the idea of introducing a bicameral parliamentary system has gained traction in political and academic circles. A bicameral legislature could represent a transformative leap forward in strengthening democratic processes, ensuring broader representation and establishing more checks and balances. However, the shift from a unicameral to a bicameral system poses substantial constitutional, political and structural challenges.
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Unicameral parliament
BANGLADESH now runs a unicameral legislative system through its national parliament, known as Jatiya Sangsad. According to Article 65 of the constitution, the parliament is the supreme legislative body, composed of 300 directly elected members and 50 additional seats reserved for women, taking the total number to 350. The members represent constituencies, with the executive branch, the prime minister and the cabinet, being directly accountable to the parliament.
A unicameral system allows a streamlined legislative processes but can also concentrate significant power in one chamber, which may lead to issues in terms of regional representation, accountability and political inclusivity.
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Why bicameral system?
PROPONENTS of a bicameral system argue that it provides for enhanced checks and balances, ensures a better regional and minority representation and can offer a more deliberate legislative process. Countries such as the United States, India, and the United Kingdom have successfully implemented the bicameral system, where one house typically represents the general population and the other offers a platform for regional, professional or special-interest representation. The introduction of a bicameral system could better address regional disparities, giving divisions such as Sylhet or Khulna a voice in the legislative process.
Moreover, a bicameral parliament could serve as an additional safeguard against hurried legislation, providing for a second chamber to review and refine bills passed by the lower house. In a politically polarised environment such as Bangladesh鈥檚, a bicameral system could slow down rapid shifts in policy and ensure that laws are more representative of diverse interests.
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Navigating legal amendments
TRANSITION from a unicameral to a bicameral system is a monumental constitutional challenge. Article 65 of the constitution would need to be amended to allow the creation of an upper house. The amendment process is governed by Article 142, which requires a two-thirds majority in Jatiya Sangsad to pass any constitutional changes. Achieving this level of political consensus is difficult, especially when major political parties may resist changes that could disrupt the current balance of power.
The new system would also require a complete rethinking of the distribution of powers between the two houses, a redesign of the legislative process and new electoral laws. The upper house鈥檚 role in the legislative process whether it has veto power, the ability to delay legislation or merely an advisory function would have to be clearly defined.
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Composition of bicameral parliament
A CENTRAL question in designing a bicameral system is how many members each chamber should have and how they would be elected or appointed. Bangladesh could consider a model similar to India, where the lower house is directly elected and the upper house represents the states and is indirectly elected by state legislatures.
Lower house: The house of the nation, the lower house, could retain its current composition, with 300 directly elected members and 50 seats reserved for women, maintaining a total of 350 members. This chamber would continue to represent the general population, with members elected based on proportional representation of constituencies.
Upper house: The council of the provinces, or the upper house, could be modelled as a council, composed of representatives from Bangladesh鈥檚 eight administrative divisions. Each division could be allocated a fixed number of seats to ensure proportional regional representation. For example, 120 members could represent the regions, with 15 representatives from each division. Additionally, special interest groups 鈥� such as professionals, religious minorities and ethnic communities 鈥� could be allocated reserved seats in this chamber. These members could be elected through indirect elections, such as by regional councils or appointed based on merit or expertise.
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Composition of upper house
The upper house can have 15 members from each of Bangladesh鈥檚 eight divisions, totallng 120 members. It can have 10 seats reserved for professionals, academics and other experts. Five seats can be reserved for ethnic and religious minorities.
This would bring the total size of the upper house to about 135 members. The specific balance of representation would be crucial to ensure that no division or group is under-represented.
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Distribution of powers
THE INTRODUCTION of a bicameral system would necessitate a clear distribution of powers between the two chambers. One significant challenge is determining which chamber holds the final legislative authority on critical issues. For example, the current unicameral Jatiya Sangsad has supreme authority over all legislation, including budget and money bills. In a bicameral system, the constitution would need to outline how conflicts between the two houses are resolved and which chamber has the ultimate say on financial matters.
Typically, bicameral systems limit the power of the upper house over money bills. For example, in India, Rajya Sabha can delay but not veto money bills. Bangladesh could adopt a similar approach, ensuring that the lower house retains supremacy over financial legislation, while the upper house plays a more consultative role.
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Electoral design and regional representation
ONE of the central benefits of a bicameral system is the ability to enhance regional representation. Jatiya Sangsad now represents the entire country, with no specific platform for regional or provincial interests. An upper house designed to represent the administrative divisions would give regions such as Barishal, Rangpur, or Chattogram a stronger voice in national legislation.
The method of electing members to the upper house is another critical question. Options include indirect elections, where members are elected by regional assemblies or local councils, appointment by the president or a commission, or even direct elections by the public in the divisions. The choice of the electoral method would have profound implications for the upper house鈥檚 independence, legitimacy, and functionality.
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Reserved seats
ONE of the most significant features of Bangladesh鈥檚 parliament is the reserved seats for women, which help to promote gender equity in politics. In transitioning to a bicameral system, it would be essential to maintain and expand reserved seats to ensure that both the chambers reflect the diverse population. The constitution would need to specify how reserved seats for women, ethnic minorities and other marginalised groups would be allocated in the upper house, alongside their representation in the lower house.
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Judicial oversight
THE judiciary, especially the Supreme Court, will likely play a critical role in interpreting and overseeing the new constitutional framework. In a bicameral system, conflicts between the two chambers or questions regarding their powers could frequently arise. The Supreme Court鈥檚 power of judicial review under Article 7 of the constitution ensures that it remains a critical actor in resolving disputes and protecting the constitution鈥檚 integrity. Ensuring a clear delineation of powers in the new system would minimize the risk of judicial overreach or constitutional crises.
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Pathway to bicameral system
THE introduction of a bicameral parliamentary system presents both opportunities and challenges. A second chamber could enhance representation, provide for better checks and balances and ensure that regional interests are adequately reflected in national legislation. However, the constitutional challenges are significant and achieving political consensus for such a change will require careful negotiation, drafting and coalition-building.
The success of a bicameral system depends on thoughtful constitutional amendments, a clear distribution of powers between the chambers and ensuring that both the houses represent diverse interests of the nation. With proper planning and political will, Bangladesh could embark on a transformative journey towards a more inclusive, balanced and representative parliamentary democracy.
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Ataur Rahman Kollol ([email protected]), an advocate at the Dhaka Judges Court, is a political and rights activist.