Constitutional Reform Commission (Bangladesh)

People occupying the Prime Minister's Office after the ousting of Sheikh Hasina amidst mass uprising

The Constitutional Reform Commission is a commission established by the interim government of Bangladesh in 2024 with a purpose to prepare a report on the reasons behind past constitutional failures and to create a roadmap for convening a constituent assembly to draft and adopt a new, inclusive, democratic constitution, ensuring the inviolability of human dignity.

Background

The commission was formed following the ouster of the previous Awami League government, led by Sheikh Hasina, during the 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 backslid.

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.

Reactions

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.

Zia Haider Rahman and Manzoor Hasan said that the government adopted 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.

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.

See also

• Interim government of Muhammad Yunus