14/07/2025
Democratic Renewal and Constitutional Imperatives
|| By K S T Qureshi ||
Abstract
The upcoming parliamentary elections in Bangladesh are poised to be a transformative juncture in the nation’s democratic evolution. It is imperative that the next general election must not proceed as a routine electoral exercise under the current constitutional framework but must instead inaugurate a new era guided by meritocracy, justice and institutional restructuring. This article explores the legal imperatives for ongoing judicial proceedings, victim rehabilitation, constitutional reform, and outlines the necessary components of a reconstituted democratic order, including the establishment of a bicameral parliament and the empowerment of an interim government to oversee and enforce these transformative reforms.
Introduction
The People’s Republic of Bangladesh stands at a historic crossroad. As the next parliamentary elections approach, the stakes transcend ordinary political transitions. In view of recent upheavals, democratic backsliding, and persistent governance crises, the forthcoming election cannot be construed as "just another election." It must be a constitutional and legal re-foundation of the state. The legal and moral legitimacy of the next government hinges upon foundational reforms that respond to the current socio-political rupture, especially the events of the so-called "July Revolution."
The Legal Continuity of Judicial Proceedings
The principle of continuity of legal proceedings is foundational to the rule of law. Ongoing criminal and civil investigations, particularly those related to political violence, corruption, and the July Revolution, cannot be suspended or compromised for political expediency. Any attempt to halt these proceedings would be an affront to due process and judicial independence, and could further erode public trust in democratic institutions.
Article 27 of the Constitution of Bangladesh guarantees equality before law, and any deviation from legal accountability mechanisms will constitute a violation of this constitutional commitment. Therefore, all legal proceedings must continue uninterrupted, irrespective of political transitions or electoral processes.
Urgency of Victim Rehabilitation
A democratic state bears the obligation to restore dignity and provide restitution to citizens harmed during political crises. The victims of the July Revolution — whether harmed physically, psychologically or materially — must be rehabilitated without delay. This is not only a moral imperative but a constitutional obligation under Article 32, which guarantees protection of life and personal liberty. Victim rehabilitation must include:
Official recognition of victims;
Compensation and restitution;
Psychological support and legal redress; and
Reintegration programs ensuring social and political participation.
Failure to provide such redress would not only deepen political alienation but could be challenged as a dereliction of state duties under international human rights law, to which Bangladesh is a signatory.
The Imperative of Constitutional Reform
The existing constitutional framework has been insufficient in preventing authoritarian tendencies, electoral manipulation, and the exclusion of competent individuals from public office. Therefore, constitutional reform must precede the next general election. Conducting an election under the current constitution risks entrenching dysfunction and illegitimacy.
A Bicameral Parliamentary System must ensure deeper deliberation, balanced representation and adopt a bicameral legislature, comprising:
House of Representatives: Democratically elected through direct adult suffrage, reflecting the population's will; and
House of Lords: Composed of subject-matter experts, retired judges and military officers, academics, and representatives of civil society, appointed on the basis of merit, integrity and public service.
This structure can provide a check on populism and ensure that long-term policy decisions benefit from scholarly and professional input.
Bangladesh as a Meritocratic Democracy - a reformed democratic system must emphasise meritocratic principles. Bangladesh should evolve into a meritocratic democracy, ensuring that individuals with proven capabilities and ethical integrity are given leadership responsibilities. To achieve this, the interim government must be legally empowered to:
Amend or entirely replace the existing constitution;
Introduce eligibility criteria for public office based on educational and professional merit; and
Create independent commissions for electoral integrity, civil service recruitment, and judicial appointments.
These changes are necessary to overcome systemic nepotism and political cronyism.
The Legal Authority of the Interim Government
The interim government, tasked with managing the transitional period, must not be a caretaker in the traditional sense but a constitutionally mandated reform body. It shall be vested with extraordinary legal authority to carry out the necessary legislative, institutional, and constitutional transformations. This includes:
Drafting and adopting a new constitution;
Reforming electoral laws and political party registration criteria;
Reconstituting the Election Commission and Judiciary;
Holding the next general election strictly under the framework of the new
constitution.
No elections without reformations is not merely a political slogan; it must be enshrined as a legal norm to prevent the repetition of flawed electoral cycles.
Conclusion
Bangladesh stands before a generational opportunity - to redefine its statehood, its democratic character and its legal architecture. This transformation cannot occur within the procedural inertia of the current constitutional order. The legal doctrine of constitutional necessity, coupled with the principle of democratic legitimacy, mandates that elections be held only under a new constitutional framework that guarantees inclusivity, justice and meritocratic governance. Hence, the path forward is clear: the continuation of legal proceedings, rehabilitation of victims and enactment of fundamental constitutional reform - all must precede the next parliamentary election. Anything less would be a betrayal of the democratic aspirations of the people of Bangladesh.
