Upper house won't be able to propose law

The Constitution Reform Commission has recommended bicameral parliament in Bangladesh.  BNP and several other political parties also want this system without detailing the work and jurisdiction of the two houses. The reform commission formed by the caretaker government has detailed the power and differences between upper house and lower house.

Multiple sources said the commission recommended that if bicameral parliament is introduced, the upper house would not be able to propose any law. But draft of any bill except for money bill will have to be placed to the upper house after it passed in the lower house. Besides approval, the upper house will have the power to send back a bill to the lower house with recommended amendments. Thus, the authority to make laws will ultimately remain with the lower house.

On 15 January, the commission released a summary of its recommendations, proposing a bicameral parliament. The lower house would be called the Jatiya Sangsad (National Assembly), and the upper house would be named the Senate. However, the summary did not specify the powers of each house.

According to sources from the commission, the powers of each house of the parliament are detailed in their full report. In addition to playing a role in lawmaking, the upper house will have some other powers. Like the lower house, the upper house of parliament will also be able to form necessary parliamentary committees. Before entering into any international agreement related to national security, the approval of the lower house as well as the upper house of parliament will be needed.

This approval will have to be obtained by a majority vote. A two-thirds majority in both the lower house and the upper house will also be required to amend the constitution. After it is passed in both houses, a plebiscite will be held on it. The status and privileges of members of the upper house shall be the same as those of members of the lower house.

Constitution reform commission’s chief Professor Ali Riaz told Prothom Alo the full report will be published after coordination with reports of other reform commissions.

BNP and several other political parties have long been demanding bicameral parliament. It was in the BNP’s written 62-point demand to the constitution reform commission. The Jatiya Nagorik Committee also proposed bicameral parliament. Many stakeholders also called for bicameral parliament while exchanging views with the constitution reform commission and electoral reform commission. However, many of them did not detail anything on the power of each chamber. Jatiya Nagorik Committee in its proposal said any bill will need to be passed separately from both chambers to be enacted.

Currently the country has a unicameral parliament. Relevant minister (relevant lawmaker for private bill) places a bill (draft of law) to parliament for enacting any new law. Public bills need approval of the cabinet before being placed in parliament. When a bill is passed by parliament it shall be presented to the President for assent. After the President’s assent, the bill is enacted. Later the government publishes a gazette.

According to the constitutional reform commission, even if the parliament is bicameral, the process of introducing bills will remain the same. The lower house will have the power to propose legislation. However, if a bill is passed in the lower house of the parliament, it will have to be brought to the upper house. The upper house can review and approve the bill or send it back to the lower house with recommendations for reconsideration.

The upper house will be given a specific time to approve or reject the bill. Within that time, they will have to pass or send a bill back to the lower house. If the upper house does not approve or reject the bill within the specified time, then the bill will be considered approved by the upper house. A bill passed by both houses of the parliament will be sent for the assent of the president.

And if the upper house does not pass a bill after it is passed in the lower house, then they will recommend the necessary amendments and return it to the lower house. The lower house will have the power to accept the amendments of the upper house in whole or in part or reject them completely. If the upper house returns a bill passed in lower house in two consecutive sessions, the lower house can pass the bill again in the next session and send it directly to the president for approval. In this case, the approval of the upper house will not be required.

According to the proposal of the commission, 400 members of parliament will be elected by direct popular vote in the lower house. And there will be 105 seats in the upper house. Of these, five will be nominated by the president. The remaining 100 seats will be distributed in proportion to the votes received by the parties in the national elections. The parties will have to nominate at least five people from the socially and economically backward communities out of the 100 candidates for the upper house.

Stakeholders said there will be a balance and diversity if the upper house is formed this way. Even if a party has no representation in the lower house, it might have members in the upper house. This will ensure representation of a relatively large number of parties and minority groups. The system will create an opportunity for inclusive discussion in the upper house in the process of lawmaking. If the upper house recommends any amendment or returns any bill in public interest, the issue will give rise to discussion in public forums, thus creating a pressure on the lower house. The upper house will play a role of ‘check and balance’ in lawmaking. However, it is rational to keep the lower house more powerful as its members will be elected by direct vote of people.

BNP, Ganatantra Mancha, Jamaat e Islami, Communist Party (CPB) and several other political parties have welcomed the submission of reports by different reform commissions. But the parties are yet to provide their reactions as the commissions have not disclosed their full reports.

BNP secretary general Mirza Fakhrul Islam Alamgir and leaders of other parties have been hoping that the interim government will hold talks with political parties in February regarding the recommendations of the commissions.

The government will hold talks with the political parties in mid-February after the chiefs of six commissions formed initially coordinate their recommendations. The decision about recommendations of reform commissions will be taken through the dialogue with political parties.

Parliamentary affairs expert Professor Nizam Uddin Ahmed commented to Prothom Alo that while the British Parliament benefits from the contributions of numerous legal experts, Bangladesh lacks such expertise. As a result, lawmaking in the country is largely shaped by political decisions rather than extensive debate or consensus.

He noted, "The proposed formation of the upper house will be politically representative. Political parties will also have the opportunity to nominate experts to the upper house. This could introduce a more diverse and representative perspective in discussions on bills. It may be considered a new experiment in our parliamentary system."

He further explained, "In many countries, both houses collaborate in deciding on bills. However, given that members of the lower house will be directly elected by the people, they must be given more power."