Call for Constitution Reform Commission

A group of civil society members on Tuesday demanded formation of a Constitution Reform Commission in making some constitutional changes to minimise the scope of concentration of power for ensuring a sustainable democratic and economic atmosphere in the long run.
At the same time, they also demanded effective functioning of the existing constitutional, statutory and non-state bodies to promote further transparency and accountability through ensuring a regime of healthy democratic practices where inclusive economic growth can take place in a faster pace.
In a roundtable discussion, they also called upon all the civil society members to work in a holistic way for spreading these demands all over the country to drive the government to find out a mechanism that would ultimately promote check and balance of power.
The civil society members under the banner of Concerned Citizens Group (CCG) placed those demands at the roundtable titled 'Checks and Balance of Power to Achieve Fuller Democracy'.
In the programme Executive Director of South Asian Institute of Advanced Legal and Human Rights Studies (SAILS) Barrister Manzoor Hasan placed a proposal for further empowering the President. The discussion was moderated by former Chief Election Commissioner (CEC) ATM Shamsul Huda.
Distinguished Fellow of Centre for Policy Dialogue (CPD) Professor Rounaq Jahan, Secretary of Shushashoner Jonno Nagorik (SHUJAN) Professor Badiul Alam Majumdar, local government expert Tofail Ahmed, Executive Director of Campaign for Popular Education (CAMPE) Rasheda K Choudhury, constitution expert Dr Shahdeen Malik, columnist Mizanur Rahman Khan, and Executive Director of Policy Research Institute (PRI) Dr Ahsan H Mansur also spoke on the occasion.
Professor Rounaq Jahan said there are many constitutional and statutory bodies, like - Jatiyo Sangsad (national parliament), Judiciary, Election Commission, Human Rights Commission, Anti-Corruption Commission, Information Commission and parliamentary standing committees, which have the power to maintain check and balance of power.
"But unfortunately these institutions cannot exercise their power. So instead of increasing presidential power, we need to make these existing constitutions more active and effective for separation of power," she said.
She said the role of the opposition is very vital for check and balance of power in Jatiyo Sangsad, but the opposition leaders did not go to the parliament, encouraging concentration of power.
Senior Economist of PRI Dr Ashikur Rahman said, "If we cannot contain the culture of accountability in the psyche of people and fail to bring its value for the democracy in the public discourse, the discussion will go nowhere. So we need to address it through holistic debate."
Media personality Muhammad Jahangir said interestingly, political leaders do not reject or support the issue of separation of power. They just show strange attitude of being silence. Some political leaders may support the demand, but they cannot say or do anything, rather than eying on the party chief.
"We have doubt enough about the political parties' role to this effect. An initiative of Concerned Citizens Group needs to take the responsibility in taking it forward. Hopefully the next generation would get the result of the initiative that the group took."
He said they need to spread the initiative from across the country and should raise a demand for formation of the Constitution Reform Commission, which would help make the constitutional reforms through carrying out more research on the issue.
Mizanur Rahman Khan said the political parties need to have registration, show source of funds and audit in accordance with an act of the Election Commission, and the provision should be incorporated in the constitution to remove its weakness regarding the political parties.
According to the Constitution, a political party can be formed through making a consensus between a group of people, he said, adding that he has read a number of constitutions made by the states over the last 10 years and found those nations merged political parties' accountability, audit and accounts with the concept of fair election procedure to make the parties accountable.
Dr Shahdeen Malik said separation of power is required for minimising the scope of concentration of power.
He said the presidential post remains ineffective in the country, as the President under the current structure has only two roles to play - appointing the Prime Minister and the Chief Justice.
"The senior most justice will become the Chief Justice, and the political party having majority will select the Prime Minister. These are almost automatic functions. So his (President) power can be enhanced further."
He said the local government bodies, which are considered as agents of check and balance of power, also remain ineffective.
Tofail Ahmed said the deputy commissioners (DCs) have also been enjoying supreme power. Citing their job description, he said the DCs are exercising 602 powers and allowing them to lead 200 committees, whereas the Upazila Nirbahi Officers (UNOs) are exercising 37 powers.
"We need to address these for separation of power," he said.
Talking about the failure of state organs, Dr Ahsan H Mansur said the developed countries always follow track records, like - past experience as well as social and family background, before appointing anyone to a key and sensitive constitutional position.
"We observe here that selection process is followed, not the vetting process. These things need to be addressed," he added.
Rasheda K Choudhury said rural people cast their votes for a political party for change in their livelihood. But they become frustrated when they experience no result of their thoughts after the election.
She also suggested engaging the young generations, who are afraid of the current political activities, in realising the demand.
Professor Badiul Alam Majumdar said alongside the constitutional and statutory bodies the non-state bodies, like - political parties and civil societies, have come up regarding the issue.
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