PM's power should be curtailed

The Nagorik Jote has put forward seven proposals for constitutional reform, including a provision to limit any individual to a maximum of two terms as Prime Minister. During the discussion on these proposals, speakers argued that the current constitution grants the Prime Minister unchecked authority. 

They noted that the country’s legal framework and institutions are structured in such a way that the rise of authoritarian rule becomes almost inevitable. The speakers emphasised that the most pressing need now is to curtail the excessive powers of the Prime Minister by establishing a proper balance of power. 

The proposals were presented yesterday, Sunday, at a programme held at the International Mother Language Institute auditorium in Segunbagicha, Dhaka. Representatives from various political parties, including the law adviser to the interim government and the vice-chairman of the National Consensus Commission, spoke at the event. However, most political representatives reiterated the same positions they had earlier submitted to the Commission regarding constitutional reform. 

At the event—organised by the Nagorik Jote, a civic platform advocating for democratic restructuring—Dhaka University Professor Asif Shahan presented the seven reform proposals. Writer and economic analyst Zia Hassan also presented two possible roadmaps for implementing the reforms on behalf of the platform. 

Commenting on the proposal to limit the Prime Minister to a maximum of two terms, Law Adviser Professor Asif Nazrul said this is a widely supported demand—and one he personally endorses. However, he stressed that simply raising the demand is not enough; a convincing argument must be made to support it. "We need to examine which countries in the world follow this model," he said, noting that there are no such provisions in countries like India or the United Kingdom, where no term limits exist for the Prime Minister. 

Professor Nazrul warned that even with a two-term limit, authoritarianism can still take root. He illustrated this with an example: “Suppose Salahuddin [a BNP Standing Committee member] becomes Prime Minister for two terms. Then his wife becomes Prime Minister for two terms. Then his children follow suit.”  

He emphasised that the real issue is the unbalanced power structure. “In India, the President acts on the advice of the Cabinet. In Bangladesh, the President works solely on the advice of the Prime Minister,” he pointed out. According to him, while a term limit is necessary, the focus must be on reducing the excessive powers of the Prime Minister—and this must be justified through strong, logical arguments. 

Speaking on the process of implementing constitutional reforms, Professor Nazrul noted that constitutional amendments are made by the Parliament, whereas a new constitution is formulated by a Constituent Assembly. He said there are examples of neighboring countries taking eight to nine years to draft a new constitution, suggesting that this could also be a lengthy process for Bangladesh. 

Raising a key question, he asked, “Will the 1972 Constitution remain in force in the meantime?” Answering it himself, he said, “Until the new constitution is framed, the current parliament—which will function as a constitutional parliament—should continue to amend and improve the 1972 Constitution. These improvements will serve as a foundation, so that when the Constituent Assembly begins work on the new constitution—it may take two to three years—there is already a reformed base in place.”  

Highlighting efforts to establish a true republic, National Consensus Commission Vice-Chairman Professor Ali Riaz said that the existing constitution lacks any effective mechanism for executive accountability. "The Prime Minister has been granted unchecked power," he remarked. “There is nothing in the constitution that prevents the rise of ‘a Sheikh Hasina’,” he added, referring to the concentration of power in a single leader. 

Referring to the 12th Amendment of 1991, Riaz pointed out that when Bangladesh adopted the parliamentary system, the vast, almost unimaginable powers once held by the President were simply transferred to the Prime Minister. The combination of presidential authority, prime ministerial power, and the dominance of individual personalities in Bangladesh’s political culture, he said, has led to the fascist-style rule seen over the past 16 years. 

Commenting on the term limit proposal by the Reform Commission—which states that no individual should serve more than two terms as Prime Minister—Ali Riaz noted that the Westminster model does not impose such restrictions. For that reason, he said, the argument for term limits alone does not convince him. “Bangladesh also introduced a caretaker government system,” he noted. “Was there any such system in the original Westminster model?” 

One of the key proposals put forward by the Constitutional Reform Commission to establish a balance of power is the formation of a National Constitutional Council (NCC) comprising representatives from the three branches of the state. This council would be responsible for recommending names for appointments to constitutional institutions. 

Commenting on this, Professor Ali Riaz noted that appointments in the past have often been made based on personal preference. He argued that if the NCC is established, representatives from the executive, legislature, and judiciary could come together to make more impartial and collective decisions. 

Emphasising the importance of political commitment, Ali Riaz said political parties must make a binding pledge to implement reforms. “They didn’t even honour the written agreement of 1990,” he pointed out. If commitments remain non-binding, he warned, the National Charter will ultimately fail to earn public trust. 

Badiul Alam Majumder, another member of the National Consensus Commission, said the country’s legal framework itself has contributed significantly to the rise of Sheikh Hasina as an autocrat. “She did not seize power by force. She did not discard the constitution. Yet she has become an autocrat—a fascist,” he said.  

According to him, the emergence of authoritarianism was inevitable under the current legal and institutional structure. “Unless these structures are dismantled, the risk of authoritarianism returning cannot be ruled out.” 

Commission member Iftekharuzzaman added that reform efforts cannot succeed if the security forces are left out of the process. 

Irene Khan, former Secretary General of Amnesty International, stressed that political parties must commit to implementing the seven proposed constitutional reforms. She called on the National Consensus Commission to build agreement around at least one of the proposed implementation roadmaps. Based on this consensus, she said, the interim government should announce a clear timeline for elections. 

BNP Standing Committee member Salahuddin Ahmed stated that a country does not become a developed democracy simply because all issues are addressed in the constitution. This has been proven in many countries, he said, adding that many necessary reforms can be enacted through legislation in Parliament. 

Disagreeing with the idea of holding Constituent Assembly elections, Salahuddin said that while such an assembly is indeed needed to draft a new constitution, Bangladesh already has a functioning—albeit flawed—constitution. He noted that excessive partisanship has weakened the existing constitution, which is why several reform commissions have been formed over the years. 

Welcoming the proposal to include provisions for trying political parties under the International Crimes Tribunal Act, Salahuddin said that the BNP had raised this demand on 5 February and submitted it in writing to the Chief Adviser on 10 February. He emphasised that the law should be implemented properly so that no questions arise, either domestically or internationally. 

Nahid Islam, convener of the Jatiya Nagorik Party (NCP), said the constitution has been amended multiple times in the past to serve the will of a single individual. “So many people shed their blood in a mass uprising, yet it is unfortunate that we could not reach a consensus on fundamental constitutional changes,” he said. 

Stating that the NCP has submitted its own outline for fundamental reforms, Nahid stressed that a Constituent Assembly is necessary for making such changes. "The people's mandate is essential for fundamental reforms, which cannot be achieved through constitutional amendments alone," he added. The NCP has proposed that the elected parliament should function both as the legislature and the Constituent Assembly. 

Clarifying that the ongoing reform discussions are unrelated to delaying or advancing elections, the NCP convener said the party supports the election timeline announced by the Chief Adviser. However, he insisted that the framework for fundamental reforms must be clarified before the country goes to polls. 

“We’ve made some progress in the judicial process by banning the Awami League,” Nahid said. “If a clear roadmap is provided for how long the trials will take, it will boost public confidence. And if a consensus is reached on reforms, no one should have any objection to the election.” 

Jonayed Saki, Chief Coordinator of the Ganosamhati Andolon, commented at the reform meeting that “fundamental reform does not necessarily mean rewriting the constitution or drafting a new one. A Constituent Assembly is required only when a new constitution is to be formulated.” 

AB Party Chairman Mujibur Rahman Manju voiced his support for rewriting the constitution, stating that it is necessary. 

Meanwhile, Selim Uddin, a member of the Jamaat-e-Islami Central Executive Council, emphasised that reform must first take place in the political mindset. “No one is saying it outright, but there’s a consensus that elections cannot be held without reforms. The people will not accept elections unless meaningful changes are made. 

Among the seven proposals put forward by the Nagorik Jote is the establishment of an upper house in parliament. According to the proposal, the 100-seat upper house will be formed proportionally, based on the votes received in the lower house elections. Appointments and removals to constitutional and accountability institutions will be determined through a vote of the upper house, following a specified process. The proposal also includes provisions to grant additional powers to the upper house. 

The second proposal concerns constitutional appointments. Here, the Nagorik Jote has presented two options: one is to make appointments through the approval of the upper house based on nominations by the executive branch, and the other is to carry out appointments through a National Constitutional Council. 

The third proposal addresses the caretaker government system. It suggests that a ten-member all-party parliamentary committee be formed two months before the dissolution of parliament. This committee would include five members each from the government and opposition parties. The consent of at least eight members of the committee would be required to appoint the Chief Adviser. 

In its fourth proposal, the Nagorik Jote recommends that a person may serve as Prime Minister for a maximum of two terms. The remaining proposals include granting constitutional recognition to the four standing committees of Parliament, requiring political parties to nominate at least 20 per cent women candidates for general seats in the next election, and ensuring direct voting for the 100 reserved seats for women. It has also been proposed that the 'July Charter' be mentioned in the preamble of the constitution and added as an appendix. 

At the beginning of the programme, photographer and Nagorik Jote’s co-convener Shahidul Alam delivered the welcome speech. Among others who spoke at the event were Ismail Zabiullah, advisor to the BNP Chairperson, Mahadi Amin, advisor to BNP Acting Chairman Tarique Rahman, Shafiqul Islam Masud, Secretary of Dhaka Metropolitan South of Jamaat-e-Islami, Bobby Hajjaj, President of the National Democratic Movement (NDM), Umama Fatima, leader of the Anti-Discrimination Student Movement, and Rashed Khan, General Secretary of the Gono Odhikar Parishad. The programme was moderated by lawyer Manzur Al Matin.