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The Constitution Reform Commission is planning to place recommendations for changes in line with the people’s aspirations for democracy in every sphere of the state, freedom of speech, voting rights and independent judiciary.

‘The Constitution of Bangladesh needs to be structured in a way that protects the people’s democratic rights, ensures the accountability of those in power and empowers governance, particularly the local government system, to effectively represent the people,’ the reform commission chief, Ali Riaz, said in an interview with ¶¶Òõ¾«Æ· recently.

He said that they would made recommendations upholding the spirits of the student-led mass uprising against discrimination that ousted the authoritarian regime of Sheikh Hasina, who fled to India on August 5.

About the necessity of the formation of the reform commission, Riaz, a distinguished professor at the politics and government department of the Illinois State University in the United  States, said that the reform of the constitution had become imperative even before the July uprising.

‘Over the past 52 years, the Bangladesh Constitution has not only strayed from the fundamental principles of the War of Independence, but has also evolved into an instrument for concentrating power in a few, constituting the erosion of people’s rights and failing to represent their aspirations,’ observed Riaz. The reform commission, formed on October 7, is going to submit its draft recommendations to the chief adviser on January 7.

Riaz believes that the 1971 liberation war was the culmination of a long struggle by the people of this land for having a state that would ensure equality, human dignity and social justice.

The July uprising reflected the people’s will for a democratic state that protects its citizens and delivers equality, human dignity and social justice.

This necessitated the formation of the reform commission to recommend the incorporation of these ideals into the constitution.

Riaz, however, said that the reform commission was not drafting a new constitution.

He said, ‘The reform commission’s terms of reference are clear: to review the existing constitution and recommend changes to transform the state into a truly democratic entity.’

Mentioning the major flaws in the existing constitution, Riaz observed that Bangladesh constitution, drafted and approved in 1972, has been amended 17 times and some for only individual benefits or political expediency.

These changes often lacked vision and prioritised the political parties’ quest for power, he said.

He said that the constituent assembly that drafted and approved the constitution in 1972 consisted mostly of one political party and there was no public referendum to reflect the will of the people who fought in 1971.

Saying that Bangladesh turned into a one-party state in 1975, he observed that mechanisms for accountability, particularly for the prime minister, were absent in the constitution that led to authoritarian tendencies.

‘Certain amendments, such as the 15th amendment, further complicated matters by making a third of the constitution unamendable, exceeding the authority of parliament,’ Riaz said.

He added that the contradiction between the provisions for an independent judiciary and subordinate courts under the executive authority was another significant flaw in the existing constitution.

‘The constitution needs to align with the principles of equality, human dignity and social justice for which the people fought in 1971. The proclamation of independence in 1971, the first de facto constitution of Bangladesh, emphasised these principles, but those were omitted in the subsequent draft,’ he said.

Replying to a question whether the political parties would accept the reform commission’s recommendations, he answered, ‘That will be a political process between the interim government and the political parties. What I can tell you is that the recommendations we are going to propose reflect the views of the political parties, civil society, constitutional experts and most importantly the common people.’

According to him, the reform commission is going to present recommendations that would reflect input from political parties, civil society, constitutional experts and nearly 1,00,000 people who participated in the process through online comments and surveys.

‘Although accommodating all views is impossible, the overarching consensus on key issues forms the basis of the recommendations,’ he said.

Riaz believes that the July uprising reiterated the demand for a country where voices are heard, representatives are chosen freely and governance is free from engineered elections.

He said that reforming the electoral system, particularly the composition of the election commission and laws governing elections, was vital.

While the commission has not been tasked with drafting the electoral process, its recommendations would aim to give some observations on political reforms and facilitate dialogue and build consensus among key stakeholders, including the people and political parties, Riaz said.

He said that the reform commission’s focus was on ensuring democratic institutions that are robust and accountable.

The recommendations would also aim to create safeguards against autocracy through institutional reforms and accountability mechanisms.

‘However, sustaining democracy requires political will and continuous effort from both the people and political parties, as democracy is an everyday struggle,’ Riaz added.