Constitutional Reform Commission (Bangladesh)

The Constitutional Reform Commission (Bengali: সংবিধান সংস্কার কমিশন, romanized: Sôṅbidhān Sôṅskār Kômiśôn) is a commission established by the Yunus ministry in 2024 with a purpose to prepare a report on the reasons behind past constitutional failures and to create a roadmap for holding a constituent assembly election to draft and adopt a new, inclusive, democratic constitution, ensuring the inviolability of human dignity. The commission was formed in the aftermath of a constitutional crisis triggered by the July revolution that culminated in the ousting of Sheikh Hasina on August 5, 2024.

People occupying the Prime Minister's Office after the ousting of Sheikh Hasina in the July revolution

Background

Main article: Student–People's uprising

The commission was formed following the ouster of the previous Awami League government, led by Sheikh Hasina, during a mass uprising, which forced her to flee secretly to India on 5 August 2024. This paved the way for the formation of an interim government under Nobel laureate Muhammad Yunus, who was appointed as Chief Adviser. Yunus' government aimed to initiate reforms across multiple sectors concerning corruption, electoral fraud, and authoritarianism. Prominent intellectual like Farhad Mazhar said that the country is going through a "constitutional vacuum" as the there is no provision for any kind of interim government in the constitution.

The formation of the constitutional reform commission was part of a broader agenda to implement systematic changes across Bangladesh's core institutions, such as the judiciary, public administration, electoral processes, and the Anti-Corruption Commission. The interim government's reform efforts were influenced by the mass uprising, which brought national attention to issues of systemic corruption and democratic backsliding.

History

The constitutional reform commission was announced on 11 September 2024, along with five other commissions. In his public address, Chief Adviser Yunus emphasized that reforming the constitutional and electoral frameworks was essential to halting the recurring cycles of political violence and authoritarianism that had plagued Bangladesh. He also stressed that the reform process would ensure public ownership of the state and uphold the principles of accountability and welfare.

Appointment of Ali Riaz

Ali Riaz, a political science professor at Illinois State University, was appointed as the head of the commission.

Initially, the commission was to be led by lawyer Shahdeen Malik. However, shortly after its formation, the government announced that Malik would be replaced by Ali Riaz, a professor of political science at Illinois State University. Riaz, known for his expertise in South Asian politics, was entrusted with leading the commission's activities. His appointment was seen as an effort to bring an international perspective to the reform process, though it also underscored the delicate political environment within the interim government. Before being appointed as the head of the commission, Riaz actively advocated for redrafting a new constitution. In a conference organized by the Centre for Governance Studies, Riaz said:

"I'm talking about redrafting a [new] constitution because there's no way to amend it. The current constitution has limited options for amendment. A third of the constitution was drafted in such a way that it cannot be altered. There are certain provisions within it, which, if not removed, nothing can be done. That's why the term 'redrafting' or 'rewriting' is being used. I'm mentioning the Constituent Assembly as a path for rewriting. I don't know if there is any other way."

Additionally, the commission was tasked with reviewing existing laws related to political party registration, campaign finance, and voter rights.

Members

On 7 October 2024, the government announced names of the nine members of the commission, which is listed below:

Position	Name	Background
Head of the commission	Ali Riaz	Political scientist and writer
Member	Sumaiya Khair	Professor, Department of Law, University of Dhaka
	Imran Siddiq	Barrister, Advocate at the Supreme Court
	Muhammad Ekramul Haque	Professor, Department of Law, University of Dhaka
	Sharif Bhuyan	Advocate at the Supreme Court
	M Moyeen Alam Firozee	Barrister, Advocate at the Supreme Court
	Firoz Ahmed	Writer
	Mostain Billah	Writer and Human Rights Activist
	Mahfuz Alam	Liaison Committee Coordinator of Anti-Discrimination Students Movement and Special Assistant to the Chief Adviser

Public reception

The formation of the commission was widely seen as a positive step toward addressing the long-standing governance issues in Bangladesh. Civil society groups, political analysts, and international observers expressed optimism about the commission's potential to bring meaningful change.

The commission has also been criticized for not having enough millennial and Gen Z representation because 65% of Bangladesh's population is aged under 35. According to legal historian Cynthia Farid, "Any national design needs to connect past, present and future generations, including the dead, the old, the youths on the streets today, and the unborn. Calls for a new Constitution may not rid the nation of the dangers it has faced in the past, like concentration of power in the executive branch or settling debates over politics, equality and religion". Umran Chowdhury said "Millennials and Gen Z have a greater stake in the Constitution-reform process than any other generation. This is about our future, our hopes and aspirations, our dreams, our families, our country. We know better and perhaps best than anyone what we want for our country’s future. We are a diverse, democratic, argumentative and competitive lot. We include the self-made, the inherited, the dynasts, the hard working, the easy going, and the visionaries".

Several organizations and political parties, including the Rastro Sangskar Andolon and the Gonoparishad Andolon, have long campaigned to convene a constituent assembly for the reform or drafting of a new constitution.

Writing in The Daily Star, Zia Haider Rahman and Manzoor Hasan said that the government should adopt an hourglass model for drafting a new constitution that starts with "broad public and civil society input, narrows to a deliberating and drafting body, and then re-engages the public through a constitutional assembly, referendum, or both, followed by ratification". They also emphasized that public engagement must be substantive, not superficial. An article in the Dhaka Tribune by Umran Chowdhury said "Given that there is no parliament at the moment, no commission has the authority to change the Constitution. This can only be done with an elected parliament in place". Chowdhury identified three pathways to reform the constitution.

The traditional pathway: the next parliament, which shall be the 13th parliament, will be elected in a regular general election. With a two third majority, the next parliament will amend the Constitution in line with Article 142. A potential referendum can be held to gain the public’s approval before changing the basic features of the Constitution. This pathway looks most likely at present. But will these changes go far enough? Will the “People’s Republic” be changed to just “Republic” or “Bangladeshi Republic” or “Sovereign State of Bangladesh”?

The hybrid pathway: Bangladesh can find its own unique way to renew its Constitution by preserving the document but convening a special parliament to discuss changes to the Constitution. This would be a parliament with a 1-2 year tenure which would be akin to a Constituent Assembly but preserves the sanctity of the Constitution. The public’s approval should be gained through a referendum once reforms have been planned and adopted by this special parliament. Political parties will have to nominate candidates for this special parliament, who will be elected at the polls. Given that the BNP has proposed an upper house of parliament, candidates for a special parliament can also be laterally appointed.

The new constitutional pathway: this can be the hardest route, with a Constituent Assembly elected to draft an entirely new constitution and usher in a second republic. There are many uncertainties about this pathway.

Farhad Mazhar said:

"In every meeting I attend, everyone is saying—we need a new constitution. We don't want constitutional reforms. The idea, aspiration, and intent for a new constitution have taken root among the people."

Former Comptroller and Auditor General Mohammad Muslim Chowdhury said:

"Our current constitution contains several elements that can lead to authoritarianism. These elements were present even in the 1972 constitution. Later, through amendments, more such elements were added. The uprising in the 1990s was led by political parties. In 1990, the responsibility for amending the constitution was left in the hands of political parties. This time, that cannot be allowed. This uprising is of the students and the people. We must seize the opportunity that has come at the cost of their blood."

On 4 August 2024, a day before the ouster of Sheikh Hasina, Anu Muhammad, on behalf of the University Teachers' Network of Bangladesh, proposed convening a constituent assembly for drafting a new constitution.

One of the founding objective of the Jatiya Nagorik Committee is to help the government to convene a constituent assembly.

Separately, Rifat Hasan argued in several September and October events that, the current constitution has lost its ethical authority to its citizens, particularly in the aftermath of the July uprising, making it necessary to adopt a new one. He has suggested forming an all-party Guardian Council to ensure broad participation in the drafting and adopting process. According to his suggestion, this council would draft the constitution and, after approval, present it for adoption via a referendum. Hasan also highlighted that the new constitution should be viewed as a political instrument representing the people's sovereign will, rather than a sacred text, and should establish a clear social contract to define the state's foundation. Umran Chowdhury has argued that "The Constitution of Bangladesh remains the best source of principles to steer the nation at this profoundly historic juncture. Bangladesh has witnessed a popular revolution led by the Anti-Discrimination Student Movement. There have been calls for a referendum under Article 119(2) of the Constitution.....The interim government should use the existing provisions of the Constitution, including provisions created after liberation in 1972, to implement reforms, overturn decisions of the previous government, and guide the nation towards a new social contract.....The importance of consultation and consensus with political stakeholders is crucial. In the Islamic faith, consultation is an article of faith in the governance of a community.......During the fifth parliament in 1991, an All Party Select Committee reached consensus to enact the 11th and 12th amendments to the Constitution. The 11th amendment validated the actions of Justice Shahabuddin Ahmed’s caretaker government. The 12th amendment reintroduced the parliamentary system and ended the presidential system.......Given the exceptional circumstances we are in, the outcome of this transitional process should be validated through a referendum. As a nation, we have been given a rare opportunity to shape our democratic future". Sara Hossain noted that creating a new constitution would be far more challenging than amending the existing one, but supported fundamental rights like freedom of speech and freedom of expression to criticize the constitution.

See also

• Criticism of the Constitution of Bangladesh
• 2024 Bangladesh constitutional crisis
• Next Bangladeshi general election
• Interim government of Muhammad Yunus

External links

Official website