Bangladesh commission proposes dropping ‘secularism’, ‘socialism’ from Constitution

The three principles are among the four enshrined as “fundamental principles of state policy” in the country’s constitution. Under the new proposals, only one — “democracy” — remains unchanged.

“We are proposing five state principles — equality, human dignity, social justice, pluralism, and democracy — for reflection of the great ideals of the 1971 Liberation War and the people’s aspiration during the 2024 mass upsurge,” commission chairman Ali Riaz said in a video statement, news agency PTI reported.

The report retained “democracy” in the constitution’s preamble alongside the four new principles as it was presented to Yunus.

The chief advisor’s press office released a statement quoting Riaz, who said the commission had recommended forming a bicameral parliament, with a lower house named the National Assembly and an upper house named the Senate, consisting of 105 and 400 seats respectively.

The report proposed that both houses should serve a four-year term instead of the current five-year term for parliament. It suggested that the lower house be based on majority representation and the upper house on proportional representation.

The commission identified the absence of an institutional power balance and the concentration of authority in the prime minister’s office as key factors behind the “autocratic authoritarianism Bangladesh” experienced over the past 16 years.

Men run past a burning vehicle inside the Bangabandhu Sheikh Mujib Medical University Hospital, set on fire by protesters, during a rally against Prime Minister Sheikh Hasina and her government demanding justice for the victims killed in the recent countrywide deadly clashes, in Dhaka, Bangladesh, Sunday, Aug. 4, 2024. (AP Photo/Rajib Dhar)

It recommended limiting the prime minister’s tenure to two terms and proposed creating a constitutional body, the National Constitutional Council, to establish checks and balances between the three branches of government and the two executive positions — the prime minister and the president.

This council would include the president, the chief justice, the prime minister, and the leader of the opposition (both elected through parliament), along with the speakers of both houses, deputy speakers from the opposition, and a representative from other parties.

The commission suggested this institution would ensure transparency and accountability in appointments as a constitutional body.

Riaz said the commission also proposed reintroducing a referendum system for amending the constitution. Currently, parliament can amend the constitution on its own with a two-thirds majority.

Bangladesh’s constitution has been amended 17 times since it was framed in 1971, a year after the country gained independence following a nine-month Liberation War against Pakistan.

A defaced portrait of Sheikh Mujibur Rahman, Bangladesh’s founding father, near a street where rickshaw drivers and pedestrians passed one another. Photographs by Atul Loke/NYT

Leaders of the Anti-Discrimination Students Movement, which led the July-August uprising that toppled Sheikh Hasina’s nearly 16-year Awami League regime, have referred to the constitution as a “Mujibist” charter — a reference to Bangladesh’s founding leader Sheikh Mujibur Rahman, Hasina’s father.

They have called for the “Mujibist 1972 Constitution” to be scrapped, a demand opposed by the Awami League’s arch-rival, the Bangladesh Nationalist Party (BNP), led by former prime minister Khaleda Zia.

The student leaders’ proposal to proclaim a second republic was intended as a precursor to drafting a new constitution. Others, however, view it as the initial move towards a constitutional overhaul where the “July Revolution”—the popular term for the student protests and the ensuing public uprising—could potentially overshadow the legacy of the 1971 liberation struggle and the significant sacrifices made for independence. They fear this effort aims to gradually diminish the memory of the 1971 struggle and reframe the nation as an ideal Islamic state.

Questions have also arisen regarding the propriety and legality of whether a temporary administration has the authority to enact such substantial changes. “Our party supports the need for reforms and has submitted its own set of proposals to the Yunus administration. But these should be implemented by an elected government, not the interim administration,” said Shama Obaed, organising secretary of the BNP.

(With Inputs from PTI)

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