Abstract
In the first two decades of independence, the Bangladesh Parliament did not enjoy the confidence of the public because of fraudulent electoral processes under civil and military authoritarianism. Parliament could not be institutionalized due to frequent breaches of constitutional rule. After deposing the military autocracy in 1990, Bangladesh underwent significant constitutional and political transformation. Elections to Parliament in the post-restoration period were highly contested, and the participatory electoral process was considered transparent and credible. A series of reforms to Parliament and the Secretariat was carried out to address shortcomings that continued to prevent a fully functioning and institutionalized parliamentary democracy from being a reality in Bangladesh. Institutionalization of parliament and consolidation of democracy in any country are long and complicated processes, requiring decades or sometimes longer. Free and fair elections in themselves do not guarantee the success of these processes if simultaneous development does not take place in other areas. This chapter evaluates the extent to which the institutionalization of Parliament and consolidation of democracy in Bangladesh have been successful in the two decades that have passed since the reform initiatives. It discusses the opinions of a selection of MPs from the current ruling party AL, as well as former BNP MPs, who were interviewed by the author on the issue of Parliament’s level of institutionalization and its contribution to democratic consolidation. Exponential analysis reveals that popularly elected governments in Bangladesh did not pay attention to safeguarding the civil liberties of their citizens or enforcing the rule of law, which has a telling effect on democracy. This chapter makes an effort to locate the present standing of Bangladeshi democracy against the framework of global democracies.
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Notes
- 1.
The third wave of democracy began in the mid-1970s and continued until about 1990 when the collapse of the Soviet Union brought a new dynamic to geopolitical relations. Just how many countries it can be fairly said made a successful transition to democracy from authoritarianism depends on what criteria is used for assessment. That said, it is plainly true that the number of democracies increased dramatically in just a few decades, most of which had electoral institutions with fragile political and civil rights granted to citizens. Many of these newer democracies are still not fully ‘consolidated,’ however, meaning that while they have electoral institutions in place, political democracy remains fragile. The reasons underlying this fragility included economic instability, continued elite dominance of politics, and the ongoing military interference in civilian affairs, among others (https://en.wikipedia.org/wiki/Third_Wave_Democracy).
- 2.
In regard to the opposition’s role in Parliament, an AL presidium member said “they don’t know it.” On the same issue, the present Deputy Speaker said that a “party that holds [presently JP] the cabinet minister position, cannot be called an opposition in the parliamentary democracy.”
- 3.
In most cases committees were allowed three days to send their report to the House. Several respondents argued that this timespan is not adequate for a detail examination of the bills. Unsurprisingly, a few of the ruling party MPs interviewed claimed it was.
- 4.
The main objective of parliamentary oversight is to ensure that the executive complies with the will of Parliament and remains accountable for all policies and programs it formulates and executes. It is intended to: (a) improve the efficiency, economy, and effectiveness of government operations; (b) evaluate programs and performance; (c) detect and prevent poor administration, waste, abuse, arbitrary and capricious behavior, or illegal and unconstitutional conduct; (d) protect civil liberties and constitutional rights; (e) inform the general public and ensure that executive policies reflect the public interest; (f) gather information to develop new legislative proposals or to amend existing statutes; (g) ensure administrative compliance with legislative intent; (h) investigate issue-based cases of irregularities and malfeasance; (i) prevent executive encroachment of legislative authority and prerogatives (Kaiser 2006, available at www.fas.org/spg/crs/misc/97-936). Paradoxically, he again mentioned that committee oversight suffers for not having the right person in the right committee, nor the appropriate training to match the mandate of the committee, nor the adequate support service from the Secretariat. He also blamed the inefficiency of committee functionaries.
- 5.
One senior ruling party MP who served in the PAC held the view that sometimes members do not know what their exact job is or the mandate of the committee and the result they are to deliver. Sometimes meeting materials are served at such short notice that no one has enough time to go through and prepare points of queries or clarifications in the meeting.
- 6.
Present ruling party MP and Deputy Speaker Advocate Fazle Rabbi Mia expressed this views to the author in a discussion in his office on December 10, 2016.
- 7.
See the judgment in State vs. Md. Abdul Gofur (2006) 35 CLC (HCD).
- 8.
This was the suggestion made by The Asia Foundation study in 1991.
- 9.
Interview with the former chief whip was held on December 10, 2016. He held the view that Parliament as it is a quasi-institutionalized one. Real institutionalization needs the total galvanization of the Secretariat as an organization and change in mindset of senior management. However, in his view the circumstances in which Parliament can exercise its supremacy and become institutionalized does not exist. A strong Parliament needs a strong Parliament Secretariat. He held that the non-implementation of the PSA 1994 was chiefly to blame for the inefficiency of the Secretariat.
- 10.
The Deputy speaker argued that even though the Act was made in 1994 the appropriate rules to give it effect had not yet been made.
- 11.
This interviewee was recruited by the Secretariat in the 1990s and still remains there today at the level of senior assistant secretary.
- 12.
Former chief whip Vice Principal Abdus Shahid, MP.
- 13.
Ali Ashraf MP, who is current chairman of the Standing Committee on Government Assurance.
- 14.
This remark was made by Professor Ali Asraf MP. The role of a political party in the governance process varies depending on the regime type. In liberal, socialist, and communist systems parties play significantly varying roles. In democracies people vote a party/alliance of parties to state power. However, after assuming state power, if the ruling party MPs become beholden to their party leadership/dictates instead of their larger constituents’ demands what type of democracy should that be classified as? (Luke Savage, Case for Party Democracy, https://www.jacobinmag.com/2016/09/jeremy-corbyn-labour-leadership-democracy-doug-saunders).
- 15.
This term was used by Col. (Retired) Fauk Khan, presently chairman of the Defense Committee and one of the members of the AL presidium.
- 16.
On October 10, 1994, Odhikar (a Bangla word that means ‘rights’) came into being with the aim to create wider monitoring and awareness-raising on the abuse of civil and political rights. The principal objectives of the organization are to raise the awareness of human rights and its various abuses.
- 17.
Ruling AL activist and a former councilor of Narayanganj City Corporation Nur Hossain and three sacked RAB-11 officials—Lt. Col. Tarek Sayeed Mahmud, Major Arif Hossain, and Navy Lt. Cdr. M. Masud Rana were among the thirty-five accused.
- 18.
If things had taken their course without political interference Justice Shah Abu Nayeem Mominur Rahman, not Justice Md. Muzammel Hossain would be Chief Justice today. Not only this, he would have been the Chief Justice before even Justice A.B.M. Khairul Haque. Justice Abu Nayeem was superseded for a second time on May 11, 2011 when Justice Md. Muzammel Hossain was appointed as the 20th Chief Justice of Bangladesh. The following day Justice Abu Nayeem resigned apparently in protest against this appointment. Having provided justice for fifteen years, Justice Abu Nayeem became himself a victim of injustice (Politicization of the Supreme Court of Bangladesh -The protector of the fundamental rights and ensure of the rule of law: Nazir Ahmed http://www.parisvisionnews.com/articles/3052-politicisation-of-the-supreme-court-of-bangladeshnazir-ahmedbarrister-at-law-.html).
- 19.
Public Administration Reform and Anti-Corruption in Asia and the Pacific Civil Service Reform, Asia-Pacific Regional Center, UNDP.
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Obaidullah, A.T.M. (2019). Paradox of Reforms: A Reflection on Present State of Democracy and Parliament. In: Institutionalization of the Parliament in Bangladesh. Palgrave Macmillan, Singapore. https://doi.org/10.1007/978-981-10-5317-7_10
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