Bangladeshi democracy & constitution

Autocracy refers to democracy- constitutionally
By Karim Md Rezaul | February 20th, 2012
1972, November 4 is marked as a milestone for Bangladesh when the newly born country on the 19 the day and ten months have passed its first ever Constitution in the parliament unanimously. Bangladesh got its independence in 1971 December 16 after fighting a bloody war against the then West Pakistan. The nation remember father of the nation Banga Bandhu Sheikh Mujibur Rahman as a pioneer for its great contribution in this regard and occasion, which is a unique instance and history for the democracy. Let’s take the new era 1990s and 2000s or more specific, 1991 to 2011 periods; this is period when two democratically elected prime ministers made the democracy another terminology - ‘elected autocracy’.

In the 1972 version of Bangladesh constitution- Bengali nationality, democracy, socialism and secularism were principal principles, some call it four pillars. The Article 70 of this constitution prohibits member of parliaments to change sides after being elected, meaning you cannot raise your hand against your party position in the parliament or elsewhere. The logic was the other parties could buy in greedy ones to change sides and manipulate. Apparently sounds good, fair and brilliant. Historical backdrop is known to all referring the 1950s Pakistan Assembly’s dark history.  Time has changed, so has the peoples’ mentality, values and situations. Now it is proven the ill logic and bad side of the Article 70, more specifically during the period of 1991-2011. The main two parties’ chief leaders have centralized all the power in their hands using the Article 70.  Since both the leaders have leaked and tasted the sweetness of the Article, none of them disagreed to agree to change the Article. In all other aspects the two main leaders have immense differences of opinions but this one!

Prior to the 15th amendments, the incumbent party leader sheikh Hasina rejected almost all the recommendations suggested by the parliamentary committee that were conformed by various political experts.  In other words, the amended constitutions not whole-heartedly agreed upon by the own party members too. Yet no one can show it or declare it in the parliament or in public, otherwise their parliamentary seat would be declared vacant. It’s a choice between agree all or ruin your political career. So, who would raise his or her voice against the head, no matter how fair it is?  It’s lame duck surrender to the two leaders which made the two leaders like more than queens, having all power and decision-making under the rubber stamp of Parliamentary democracy. That is why in every foreign mission, not foreign ministry, rather Prime minister was present, say, visiting the UN, any other river related issues with India, or commerce related contract, or foreign ministry related matter or economic, all belongs to Prime minister and her decision. Even the share market problems are needed the Prime minister’s interference!

In a democratic form of government there is straight distinction of power among three main parts of it. As the 1972 constitution was made focusing mainly on Father of the Nation’s position, status, and respect that were the weaknesses. When you respect too much, when emotions care no bounds, when your emotions rules logic – erroneously you could render more extra to perform, like a king, wrongly or no foreseeing the coming twenty thirty or forty years.  Then it added extra loads to the constitution when the fourth amendment is done and Presidency form of system introduced.

Next episode is the Military rules and impunity for all the evil acts and decisions. But when came back to track of democracy in 1991 newly elected prime minister’s role and responsibilities are designed like any other autocratic president.  1975- 1991 is the era when the top man of the state rule the country thru’ its secretariats in a unique way of autocracy. The history we know leader of the parliament seldom attended the parliament, they want to do their jobs from their secretariats not facing the parliamentary cross discussions.

1996-2001 the incumbent attended the parliament more frequently than its counter part. Since the opposition was not attending due to one or other reasons, the parliament become the house of beating own drums and flattering to prime minister and abusing the absentees.

1996-2008 is the history of manipulating various government agencies and secretariats either by appointing, promoting or sacking, and degrading. Bureaucracy, administration, military, police and justice system have been manipulated and politically made biased.  State police has become a team of government political party cadre following all the calls from the party office. Moreover, Special Forces made recruiting from military and doing all the extra-judicial activities, drastic changes in the defense forces. Justice system can do nothing against the government’s interest or approval.

2006-2007 is the time of trial and error of the then government to manipulate electoral system and process, which is known to people as the dark chapter of our history. 2008 election brought the current government in an absolute majority. The landslide victory is the outcome of public hatred against the previous government who were adamantly tried to win by doing election engineering. Of course, People did not vote the incumbent lovingly. The luxury and corrupted life of the last government made it a learning episode of what might happen if you do wrong and go unethical.

The current government (2009-2011) is more pathetic. Sheikh Hasina’s government’s decision is more autocratic and self interested and more family biased. Old and wise leaders of the parties have been back benched, and neglected. Now is the time to exemplify how autocracy works and how to work with advisers’ advice and taking consideration of people’s choices and feeling any more. May be next election we would see the outcome, provided fair election is ensured. Winners should not take it all; a little bit should be left for the rests who lost.

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