Revisiting Bangladesh’s constitutional crisis: Call for reforms in the 1972 Constitution

The meeting included prayers for the recovery of BNP Chairperson Begum Khaleda Zia and discussions on the constitutional crisis in Bangladesh and possible solutions.

The chief guest at the event was Mr Amir Khosru Mahmud Chowdhury, a member of the BNP’s Standing Committee, while the main speaker was Mr Ruhul Kabir Rizvi, Senior Joint Secretary General of BNP.

Special remarks were also made by Mr Rashedul Haque, the International Affairs Secretary of the BNP National Executive Committee.

The meeting was chaired by AFM Tawhidul Islam, the President of BNP’s Australia branch, and was moderated by Mohammad Haidar Ali, the General Secretary of the BNP Australia branch.

Other special guests included Mr Omi Ferdous, International Affairs Secretary of the BNP Volunteer Wing, and several speakers from the Australia branch, including Vice Presidents Selim Liakat, Faizur Chowdhury, Mosiur Rahman Tuhin, Jahangir Alam, Soriful Islam Sibly, Khadija Zaman Rumpa, Engineer Rajwanur Rahman Rupon and several others.

Dr Moniruzzaman presented special speech based on this historical occasion.

The event commenced with the recitation of the Holy Quran and prayers led by Mr Ilyas Hossain, the Religious Affairs Secretary of BNP Australia.

A keynote paper on constitutional issues was presented by Mohmmad A Sayeed, an Assistant Professor and constitutional expert from Jahangirnagar University and a PhD fellow at the University of New South Wales.

In his presentation, Mohmmad A Sayeed discussed the ongoing constitutional crisis in Bangladesh, which he attributed to the flawed 1972 Constitution. He stated that the constitution was not adopted by the people but was drafted by a political party, rendering it defective.

One of the main issues with the 1972 Constitution is that its amendment process is overly simplistic and dangerous, allowing it to be easily disregarded and altered, which means the constitution cannot safeguard itself. He emphasised that without changing the amendment process, sustainable reforms would not be possible.

Sayeed highlighted three fundamental components of a constitution: the identity of the state, the rights of citizens, and its structure.

He argued that changes need to be made within these three elements. Regarding the identity of the state, he suggested that Bangladesh should not be referred to as a “People’s Republic.” The term “Republic” inherently includes the concept of “people,” making the addition of “People’s” unnecessary.

He noted that this terminology reflects Soviet political influence, similar to that in authoritarian regimes like China and North Korea, and that this usage does not represent the distinctive constitution of a Bangladeshi republican state.

The core idea of republicanism prioritizes civic identity over ethnic identity; thus, to build a true republican state, the notion of Bangladeshi nationalism must strengthen this civic foundation.

In terms of constitutional structure, Sayeed emphasized the importance of separation of powers and checks and balances. He pointed out that merely proposing changes in the legislature is insufficient and structurally incomplete, as legislative changes alone do not establish control over the executive branch.

Therefore, he suggested the establishment of a fourth branch that would be independent and responsible for overseeing and balancing the actions of the executive branch. He cited Australia’s Administrative Tribunal as an example of an independent institution that reviews and assesses executive decisions.

On the topic of federalism, he noted that there is a prevalent misconception that adopting federalism increases the risk of fragmentation.

He criticized this notion, arguing that federalism, in fact, reduces the risk of fragmentation and simultaneously creates opportunities for decentralization of power, economic development, political participation, and protection of rights.

He referenced Nepal’s establishment of a federal system as a successful example.

Finally, Sayeed called for a democratic and rigorous amendment process that must include referendums. He argued that these changes should not be made by the ordinary parliament but rather through a nonpartisan referendum to break free from the vicious cycle of the 1972 Constitution.

The meeting was attended by central and local leaders of the BNP, along with numerous activists from various states connecting via Zoom.