According to Article 8 of the Bangladesh Constitution, the principles of nationalism, socialism, democracy, and secularism constitute the fundamental principles of state policy. Among these four principles, democracy is one of the basic elements, especially for all the democratic countries throughout the world. In the words of US President Abraham Linkon, “Democracy is a government of the people, by the people, and for the people.” In reality, democracy implies having the true taste of independence. To enjoy independence and all its manifestations, it is necessary that people choose their leader with conscience, not because of mere emotional attachment.
In Bangladesh, the parliamentary system exists where the largest representation forms the government and the leader becomes Prime Minister. Article 56(3) of the Bangladesh Constitution states that the President shall appoint as Prime Minister the member of Parliament who appears to him to command the support of the majority of the members of Parliament. The Prime Minister and the Cabinet hold the executive power of the Republic. The Bangladesh Constitution explicitly limited the terms of the president. According to Article 50(2), a president cannot hold his office for more than two terms, whether or not the terms are consecutive. Article 50(1) of the Bangladesh Constitution also implies that one term of president is equal to five years. These two clauses simply imply that even if a person is appointed for two terms to hold the office of president, he can remain a president for a maximum of ten years. But unfortunately, the astonishing part is that the Bangladesh Constitution neither explicitly nor impliedly limits the term of Prime Minister, while the real executive power of a state directly lies in the Prime Minister and the Cabinet. This absence in the limitation of term of Prime Minister raises a question towards the Constitution makers why they did not give a second thought in this respect. Now the concern is not only ensuring the proper and fair election system but also restraining the scope and chances from becoming a democratic leader to an autocratic leader. Certainly, a developing country cannot become a developed country overnight. However, it has to be particularly convinced that a developing country like Bangladesh should make its decisions wisely both in the economy as well as the policy-making sector. For example, as per the 22nd Amendment of the US Constitution, people can elect a person as President not more than twice. This amendment became necessary after Franklin D. Roosevelt won four presidential elections, which raised questions about the potential for an unrestricted number of terms in office.
After independence in 1971, the Awami League won the first general election decisively, securing 293 seats in 1973. Subsequent elections saw power shifts, with the BNP, Jatiya Party, and Awami League each claiming victories amid boycotts and controversies. The political landscape remains complex, with allegations of irregularities impacting the most recent elections in 2014, 2018 and 2024.
The political landscape of Bangladesh has been primarily shaped by the Awami League, BNP, Jatiya Party, and Jamaat-e-Islami since the country’s independence. Khaleda Zia of the BNP served as Prime Minister for two full terms and briefly for another, while Sheikh Hasina of the Awami League has held office for five full terms, becoming the longest-serving Prime Minister in Bangladesh’s history. Despite her significant tenure, questions about the legitimacy of elections persist, and currently, an interim government led by Dr. Muhammad Yunus is in place, reflecting a desire for new leadership in a system often marked by familiar faces.
We have had enough of history where repeated faces became Prime Minister. As a result, it has become a growing demand to add a provision in the Constitution that a person cannot be a prime minister for more than two terms. To add such provision in the Constitution, a question arises: who will add this provision and by what method? There is an ongoing debate about whether the Constitution should be reformed or rewritten. Rewriting a constitution is a long process, and in addition, there is a fear that while rewriting the constitution, we may not reverberate the perception along with the legacy of the Liberation War of 1971. Recently, a Constitution Reform Commission has been formed by the interim government to reform the present Constitution of Bangladesh. However, the process of reforming the Bangladesh Constitution is also challenging, as now there is no existence of Parliament in Bangladesh. The new Constitution Reform Commission can prepare a draft where reformation is needed. As the reformation of the Constitution is not possible without a Parliament in Bangladesh, the commission can devise to refer their draft to the new government to make a reformation that will succeed in power after the election happens. Though the majority of people are claiming to limit the terms of the Prime Minister, this limitation may not prove fruitful unless the Election Commission feasibly performs its activity. Along with ensuring the independence of the Election Commission, the new changes and reformation must introduce the changes in Article 70 so that a member of Parliament can vote against its party if any necessity arises. As a result, a Prime Minister and his cabinet as members of Parliament will not succeed in passing any bill in the Parliament for their own interest if majority members of the ruling party follow their conscience and vote against the proposed bill or act. All these reforms will work in conjunction with the provision regarding the term limitation of the Prime Minister. The proposed amendment should introduce the referendum as part of the amending process. At the time of amending the Constitution, it must be assured that public opinion is highly considered, as the Constitution is the solemn expression of the will of the people. There can be an arrangement for a referendum regarding the amendment of the Bangladesh Constitution, which will enhance the legitimacy of the reformation process. Article 7(2), 26, 44(1), and 102 of our present Constitution implicitly nourish the idea of judicial review. The proposed amendment must indemnify the idea of judicial review as a part of check and balance. As a result, if any subsequent government tries to make any unjust amendment regarding the term limitation of the Prime Minister or any other provision, the judiciary will exercise its power to invalidate such unjust changes.
About the author :
Tashpia Akther Jumur is currently a 4th-year LL.B. student in the Department of Law at the University of Chittagong and an Editorial Assistant at NILS Bangladesh. As an independent legal researcher, her research interests include Constitutional Law, Tort Law, Human Rights, Environmental Law, and Gender Equality.