HRSS Propsed Constitutional Reform in Bangladesh

Dhaka, 24 November: In light of Bangladesh’s historical movements, including the 1971 Liberation War, the 1990 democratic uprising, and the 2024 student-led anti-discrimination revolution, the Human Rights Support Society (HRSS) has put forth a series of constitutional reform proposals. These reforms aim to restructure Bangladesh into an inclusive, egalitarian, and rights-oriented nation, ensuring democracy, social justice, and human dignity.

Key Reform Proposals

Part I: The Republic

1. Replace the term “Proja” in the official name with a more inclusive Bengali equivalent for “People’s Republic”.
2. Amend Article 6(1) to determine citizenship by both birthright and law.
3. Redefine citizens as Bangladeshi instead of Bengali in Article 6(2) to reflect the nation’s diverse ethnic communities.
4. Modify Article 7(1) to state, “All powers of the Republic belong to its citizens.”
5. Propose the removal of Articles 7(a) and 7(b) to make constitutional amendments possible through a two-thirds majority vote in Parliament and a national referendum.

Part II: Fundamental Principles of State Policy

1. Establish equality, human dignity, democracy, human rights, and an inclusive, discrimination-free society as guiding principles (Article 8(1)).
2. Replace terms like “tribes and small ethnic groups” in Article 23(a) with inclusive language recognizing all ethnic and cultural communities.

Part III: Fundamental Rights

Add the following rights for citizens:

• Access to basic needs, including food, clothing, housing, education, and healthcare.
• Ethical and human rights education at all levels.
• The right to live in a pollution-free environment.
• Uninterrupted access to the internet (Article 39).

Part IV: Executive Branch

1. Balance powers between the President and the Prime Minister.
2. Limit presidential pardons (Article 49) to ensure no impunity for severe offenses.
3. Reinstate the caretaker government system (Article 58(2)(a)) to oversee elections, with changes allowed through a referendum.
4. Limit individuals to serving as Prime Minister for two terms and restrict simultaneous roles as party leader and Prime Minister (Article 57).

Part V: Legislature

1. Introduce a bicameral legislature with:
   • 300 directly elected lower-house members.
   • 105 upper-house members, including experts and minority representatives, with at least 30% female representation.
2. Require military deployment with magistracy powers during national elections.
3. Allow MPs to vote independently on legislative issues, except leadership elections (Article 70).
4. Strengthen the Ombudsman (Article 77) and ensure fair election systems.

Part VI: Judiciary

1. Establish a separate judicial secretariat under Supreme Court supervision.
2. Ensure the judiciary is free from executive control at all levels.
3. Enact a Judges’ Appointment Law for Supreme Court appointments.

Part VII: Election

1. Create an independent election commission secretariat.
2. Redesign the Election Commission’s structure to ensure fair and transparent elections.

Part IX-C: Emergency Provisions

1. Revoke Article 141(c), which allows the suspension of fundamental rights during emergencies.

HRSS Perspective

The HRSS emphasizes that a modern and inclusive constitution is essential for addressing the evolving needs of Bangladesh’s diverse population. They urge stakeholders to consider these reforms as vital steps toward a more just and democratic society.