Dhaka’s tortuous pursuit of constitutional reforms

Prof. Syed Munir Khasru

Hindustan Times
March 24, 2025

https://www.hindustantimes.com/opinion/dhakas-tortuous-pursuit-of-constitutional-reforms-101742827263993.html

There are fresh rumbles in Bangladesh’s political sphere — a student-led party that emerged from the revolution that ousted the Sheikh Hasina government has become a bold voice for democratic reform, although it is quite unruly yet. As calls for elections grow louder, the tension between this urgency and the reforms needed continues to define this critical moment. Not long ago, Muhammad Yunus, the head of the interim government, met with political parties to build consensus regarding reforms. So far, there is no concrete agreement among the political parties on the charter of reforms.

The proposed changes to the Constitution aim to replace the core principles of nationalism, socialism, democracy, and secularism with new ideals — equality, human dignity, social justice, pluralism, and democracy. While these changes aim to address the long-standing grievances of the public, they are not without challenges. As Bangladesh transitions from decades of centralised authoritarian rule, it now enters uncharted territory, where outcomes remain unpredictable yet highly consequential.

Many have argued that the existing Constitution has outlived its utility, becoming a tool for authoritarianism rather than a charter for democracy. The nine-member constitutional reform commission, chaired by Bangladeshi American political scientist and writer Ali Riaz, has proposed significant changes, including restructuring the foundational principles. These principles, particularly secularism, are misaligned with the country’s identity given 90% of the population is Muslim, maintains Bangladesh’s attorney general, Muhammad Asaduzzaman. Other proposed reforms include the establishment of a bicameral legislature to improve representation and balance of power, limiting the prime minister (PM)’s tenure to two terms, and bringing back public referendums to give citizens a direct say in constitutional changes.

The constitutional reform commission itself is not without controversies. When Riaz was appointed as its head, critics questioned why an academic, and a US citizen affiliated with an American think tank, was chosen for this role. Riaz’s lack of background in law also has led to concerns about his suitability for the job.

The existing 1972 Constitution embodies ideals of the liberation war, which many believe has been diluted and weaponised by successive governments over the years. Principles like nationalism have been used to suppress dissent, while secularism has coexisted uneasily with Islam as the State religion since 1988, in many instances alienating both the Muslim majority as well as the religious minorities. Article 70, which prevents members of parliament from voting against their party, has stifled legislative debate and concentrated power in the PM’s hands. This provision reflects deeper issues of disunity and lack of internal democracy within political parties. The absence of term limits has allowed for prolonged, unchecked rule, exemplified by Sheikh Hasina’s uninterrupted 16-year-long tenure in office.

The 1991 transition from a presidential to a parliamentary democracy aimed to prevent the over-centralisation of power. It failed to achieve its purpose due to the uncontested dominance of the PM’s office, which both Hasina and Khaleda Zia’s regimes have illustrated. The political ecosystem remains entrenched in dynastic rule, with power often restricted to members of prominent political families. This reflects failure of political parties to embrace internal democracy or foster diverse leadership. Without genuine intent, which has to come from within the parties, cosmetic changes will not resolve these obstinate issues.

While Hasina’s tenure is credited with economic achievements like infrastructure development, Gross Domestic Product (GDP) growth, and poverty reduction, it was marred by increasingly authoritarian governance. Electoral processes were rendered farcical with the 2014, 2018, and 2024 elections characterised by Opposition boycotts, voter intimidation, and allegations of massive fraud. The abolition of caretaker government system in 2011 cemented Hasina’s grip on power, leaving the Opposition, particularly Khaleda Zia’s Bangladesh Nationalist Party (BNP) and Jamaat-e-Islami, open to political persecution and marginalisation.

BNP and Jamaat have expressed willingness to cooperate in varying degrees on getting the reforms done. However, while BNP has been stressing the urgency of holding general elections, arguing that reforms and elections are complementary processes, Jamaat has been advocating for holding elections after reforms have been undertaken. Hence, the timeline for the next general election remains uncertain, despite Yunus signalling that they could be held by the end of this year or next year. Moreover, new political forces entering the picture, including the anti-discrimination student’s movement, has signalled a break from the Awami League-BNP duopoly.

Amid these shifts, the push to establish multiculturalism as a foundational principle has gained momentum. The BNP has embraced this direction through its Bangladeshi nationalism ideology, advocating for greater inclusivity. Likewise, the Jamaat has exhibited a more non-communal stance, by protecting temples and churches in vulnerable times. These developments do offer hope toward unity and a break from the divisive politics that characterised the past. However, challenges remain, particularly given Jamaat’s Islamist history, which raises questions about its commitment to pluralism and democracy.

Constitutional reforms have been proposed also to realign Bangladesh with aspirations of the 1971 liberation war as well as the mass uprising of 2024, emphasising justice, inclusivity, and democratic participation. However, the proposal to rewrite foundational principles has sparked unease. Proponents argue that the existing principles are outdated for today’s Bangladesh. They believe that prioritising pluralism over secularism should acknowledge the country’s multicultural identity, while shift from nationalism to social justice would focus on individual rights over State dominance. Yet, whether these reforms will realise the promise of justice and democracy or again fall prey to the centralised power cycle is a question only time can answer.