Eminent citizens for adding judiciary decentralisation in the constitution

Prominent citizens have advocated some key measures for reformation to the constitution including the decentralisation of the judiciary, increasing the number of constitutional institutions, and the adoption of a system of checks and balances.

The Constitutional Reform Commission convened a meeting with nine distinguished citizens – Professor Tofail Ahmed, Professor Mahbub Ullah, Mufti Abdul Malek (Khatib of Baitul Mukarram), Khushi Kabir, Subrata Chowdhury, Musa Al Hafiz, Shaheen Anam, Dr Shahidul Alam, and Mufti Sakhawat Hossain Razi – at the Jatiya Sangsad on Tuesday (12 November).  

After the meeting, Prof Tofail Ahmed told The Business Standard that while the constitution guarantees the right to organise, it does not specifically address political parties. 

Regarding decentralisation of the judiciary, he said, "The High Court Division could be established in three major divisional cities outside Dhaka. Additionally, lower courts should be moved to the upazila level to ensure broader access to justice, as the current system does not adequately meet the needs of the population."

Furthermore, Prof Tofail proposed increasing the number of constitutional bodies like the Election Commission, the Public Service Commission, the Office of the Comptroller and Auditor General, and the Attorney General's office by including commissions such as the Anti-Corruption Commission and the Local Government Commission.

Prof Tofail said, "We need to define whether we are a people's republic or people's democracy, and consider whether the fundamental principles of the constitution are appropriate in the current context, especially socialism. Additionally, the concept of sovereignty must be clarified. We must ensure that sovereignty is distributed across institutions, such as the sovereignty of the judiciary and the sovereignty of the legislature."

An amendment to Article 22 of the Constitution could be considered to better address the separation of powers within the judiciary. Furthermore, the structure of the bicameral legislature should be re-evaluated, not merely based on models from America or England, but tailored to meet our unique needs and context, he added. 

Regarding a new constitution, Advocate Subrata Choudhury told TBS that as there is no environment for a parliamentary election or a referendum, it is better to amend the existing one. However, for state reforms, work needs to be done on the Election Commission and the judiciary. The rest will be addressed by the next elected government.

Regarding the state religion issue, he said, "If this is implemented, it will create clear discrimination against other communities. It should never be done."

Subrata Choudhury also demanded the full implementation of the verdict in the Mazdar Hossain case regarding the separation of the judiciary. Additionally, Articles 115 and 116 of the 1972 Constitution must be reinstated.

The proclamation of independence from the 1972 Constitution must be upheld; otherwise, the history of the state of Bangladesh will not be accurately represented, he added. 

Additionally, Shaheen Anam, executive director of Manusher Jonno Foundation, said the constitution must guarantee the rights of all individuals, regardless of religion, race, or gender. 

He also highlighted the importance of preserving positive aspects of the current constitution, such as protecting marginalised communities' rights. 

He called for a system of checks and balances to prevent the constitution from being repeatedly undermined and suggested adding specific provisions. 

He further stressed the need to impose laws to limit the Prime Minister's powers and address dynastic rule.

He urged that certain issues be kept above controversy, stressing that sensitive matters like the national anthem should not be disputed. He also emphasised the importance of providing a clear explanation of secularism to prevent misconceptions.

Commission Chair Professor Ali Riaz and members of the commission Professor Sumaiya Khair, Barrister Imran Siddique, Professor Mohammad Ikramul Haque, Dr Sharif Bhuiyan, Barrister M Moin Alam Firozi, and Firoz Ahmed attended the meeting.