Following the ouster of the Awami League government amid a student-led movement, discussions are underway regarding the possible restructuring of Bangladesh’s political and constitutional framework.
Public discourse has intensified, with many suggesting that Bangladesh’s return to stability will hinge on constitutional changes. While some have advocated for comprehensive amendments, others have called for a complete rewrite of the constitution. The interim government, led by Prof. Muhammad Yunus, has not yet reached a conclusion on the matter, but discussions are actively taking place.
AF Hasan Arif, Adviser to the Ministry of Local Government, Rural Development, and Cooperatives, confirmed that deliberations on constitutional amendments are in progress. "The opinions of the students, who spearheaded the recent movement, will be central in shaping the direction of the constitutional reforms," he stated. He also acknowledged that other major issues, including the potential reinstatement of the caretaker government system, are being discussed.Arif emphasized the importance of student input in determining whether the existing constitution should be reformed or replaced entirely. "The demand must come from the students. Whether they desire an entirely new framework or just reforms to the current constitution will guide the decisions made by the government," he said.
The question of constitutional reform is being tied to broader discussions about the future of elections in the country, with the caretaker government system—abolished in 2011—being a key topic of debate. The adviser confirmed that any decision about constitutional amendments or the election system would be made based on recommendations from relevant stakeholders, including students and political leaders.
While talking to Bangladesh Pratidin, ZI Khan Panna, a senior lawyer at the Supreme Court, argued that reforms are essential for moving the country forward. "The current constitution, written in 1971, was created in a very different context. It is now being used to maintain the power of the ruling elite," Panna told Bangladesh Pratidin. He called for the inclusion of minority rights, particularly for indigenous groups, in any future amendments. "The rights of all people must be guaranteed. Without such changes, how can we claim to have a functioning democracy?" he questioned.
Panna also warned against completely discarding the constitution, suggesting that a full repeal could lead to instability and the need for further constitutional changes in the near future. "If we abolish the constitution entirely, we could be rewriting it again in ten to twenty years," he cautioned.
Badiul Alam Majumdar, Secretary of civil society organization Sujan (Citizens for Good Governance), told Bangladesh Pratidin that while radical changes are needed, the process of writing a new constitution would be arduous and time-consuming.
"Rewriting the constitution from scratch is not easy, and it will take a long time," Majumdar said. "However, significant reforms can still be made to the existing constitution." He cited several areas in need of change, including the balance of power between the president and the prime minister, and Article 70, which restricts members of parliament from voting against their party.
Majumdar also highlighted the caretaker government issue, calling it a "political compromise" that was abolished after the Awami League’s 15th amendment. Both the Awami League and the BNP, he argued, are responsible for the system’s demise, and the issue must be addressed in any future reforms.
Several legal experts have pointed out specific amendments in need of repeal, particularly Article 7(a), which was introduced by the 15th amendment. Majumdar warned that this provision, which could lead to charges of treason against those advocating for constitutional change, would endanger the very figures pushing for reforms. "If Article 7(a) is not repealed, even the current interim government could face charges of treason for discussing changes to the constitution," he noted.
Barrister Sara Hossain, another senior Supreme Court lawyer, echoed the need for significant reforms. "The existing constitution contains elements that are incompatible with a modern democratic state," she said, citing the death penalty as one such issue. "A new Bangladesh would need to abolish the death penalty, ensure freedom of expression, and guarantee fundamental rights for all citizens. Any amendments should reflect the full spectrum of Bangladesh’s people, not just the ruling elites."
(The report was published on print and online versions of The Bangladesh Pratidin on September 10 and rewritten in English by Tanvir Raihan)
