Enact Consensus Reforms, Let Parliament Decide the Rest

Mostafa Kamal Majumder

Mostafa Kamal Majumder

Bangladesh stands at a historic crossroads. The Consensus Commission, under the interim government, has undertaken a bold and necessary mission: to forge agreement across political lines on constitutional reforms that can safeguard democracy and prevent the return of authoritarianism. In a country long marked by political polarization, the very act of dialogue is a democratic triumph.

The Commission’s deliberations of late have focused on nine major reform proposals, each touching the core of Bangladesh’s constitutional architecture. Two proposals have already achieved full consensus:

All parties agree to relax the rigid anti-defection Article 70, allowing MPs to vote independently on all matters except finance bills and no-confidence motions. This marks a significant step towards restoring parliamentary autonomy.

There is agreement that opposition parties should chair key standing committees—such as Public Accounts, Estimates, and Public Undertakings—in proportion to their parliamentary strengths. This reform promises to enhance legislative oversight and accountability.

A general consensus is forming around a 10-year cap on any individual serving as Prime Minister. However, the precise formulation—whether it should be two terms, consecutive or not, or a strict 10-year limit—is still under discussion.

Several proposals remain under active debate. While most parties support expanding women’s representation to 100 seats, there are differing views on the electoral method. 

The proposal to introduce an upper house has gained traction, with suggestions for a 400-member lower house and a 105-member upper house elected through proportional representation. However, questions remain about its powers, composition, and implementation timeline.

There is agreement that the current opaque process of appointment of the Chief Justice needs reform. Some parties propose selecting from the two most senior judges, while others call for a more transparent, merit-based system9.

All parties agree that Article 48 should be amended to move away from the current MP-only vote to elect the President. Proposals include an expanded electoral college comprising MPs and local government representatives. However, the structure of this college is still being debated.

The Commission has proposed reaffirming state principles in the Constitution like equality, human dignity, social justice, democracy, and religious harmony. While broadly supported, some parties have raised concerns about altering foundational language.

One of the most contentious proposals—the formation of a National Constitutional Council (NCC) to oversee appointments to key constitutional bodies—has now evolved. In response to concerns about accountability and overreach, the Commission has introduced a revised model: the “Committee for Appointments in Constitutional and Statutory Institutions.”

This new body would exclude the President and Chief Justice and include representatives from both government and opposition, as well as a nominee from outside the main political blocs. While most parties support this compromise, the BNP remains opposed, citing concerns over executive authority.

The progress made in the dialogue so far is significant. However, the Commission’s work is not to resolve every disagreement, but to build a foundation. Where consensus exists, reforms should be enacted swiftly. Where it does not, the issues should be entrusted to a freely elected, representative Parliament—one that reflects the will of the people and is empowered to deliberate with legitimacy.

History offers a guiding light. The 1991 Parliament, despite deep divisions, rose to the occasion and adopted a consensus Constitution that restored Bangladesh’s democratic spirit. With transparent elections and accountable leadership, the next Parliament can do the same.

Democracy is not forged in a single moment—it is built step by step, through shared purpose and principled compromise. Let us take the next step wisely.

(The Writer is the editor of GreenWatch Dhaka)