Strengthening democracy begins with the rule of law

In Bangladesh, terms like rule of law and good governance are frequently heard in political debates and media discussions. Yet, for many, these concepts remain abstract, even distant from the realities of everyday life.

The question is simple but fundamental: can a nation truly prosper without the rule of law? My answer is an unequivocal no. The rule of law is not a mere technicality; it is the foundation upon which democracy, human development, and economic growth rest.

The rule of law as democracy's backbone

Some may argue that democracy begins and ends with elections. While free and fair elections are crucial, they are not sufficient on their own. A democratic system requires that governance operates within a framework of law, not under the arbitrary whims of those in power. Laws, not individuals, must be the ultimate authority. This principle ensures fairness, protects human rights, and sustains long-term stability.

Globally, scholars and economists have repeatedly emphasized this relationship. Nobel laureate Amartya Sen, whose work on human development has influenced policies worldwide, highlights that democracy can only flourish when legal institutions function effectively. Sen studied famines extensively and concluded that they do not occur merely due to a lack of food. Instead, they result from governance failures, where citizens cannot exercise their rights, demand assistance, or hold authorities accountable. In other words, without the rule of law, democracy remains hollow, and human suffering increases.

Bangladesh's journey illustrates this clearly. Since independence in 1971, the country has made impressive strides in development, yet the rule of law has often been inconsistent. Past governments, regardless of ideology, have sometimes failed to ensure that laws are applied equally. During periods of weak legal oversight, we have witnessed rampant human rights violations, economic mismanagement, and political unrest. Ordinary citizens—farmers, small business owners, and laborers—often face barriers in accessing justice. Meanwhile, elites can navigate the system with relative impunity.

Consider the example of banking and financial governance. Over the past decade, Bangladesh has witnessed several major financial scandals and embezzlements. Investigations reveal that systemic loopholes, weak oversight, and lack of accountability enabled these irregularities. Even when laws exist on paper, selective enforcement and political influence undermine them. The outcome is predictable: the public loses confidence in institutions, and economic progress suffers.

Similarly, market regulation is another area where the rule of law proves essential. During periods of high inflation, market instability, and shortages, effective legal mechanisms are needed to ensure fairness and prevent exploitation. When law enforcement is weak or biased, a few actors can manipulate prices and hoard essential goods. This not only harms citizens' daily lives but also distorts economic activity, creating inefficiency and inequality.

Why institutions matter

Strong institutions are the vehicle through which the rule of law is realized. In Bangladesh, the judiciary, parliament, regulatory bodies, and civil society organizations must operate independently, transparently, and free from political interference. Historically, the lack of institutional independence has been a major challenge. Parliaments have often been influenced by executive dominance; the judiciary has occasionally faced pressures from political actors; and civil society has struggled to hold powerful actors accountable.

An independent judiciary is particularly critical. It ensures that laws are interpreted fairly and applied equally. Similarly, a functional parliament provides a platform for debate, scrutiny, and accountability. Civil society and the press play complementary roles, acting as watchdogs and amplifying public voices. When all these institutions work harmoniously, the rule of law becomes a living reality, protecting citizens' rights and promoting social justice.

Democracy, human development, and legal governance

The impact of the rule of law extends beyond politics into human development and economic progress. Legal safeguards protect individuals from exploitation, discrimination, and abuse. They ensure that citizens have access to essential services, education, and health care. They also create an environment where entrepreneurs can invest, innovate, and generate employment without fear of arbitrary expropriation or harassment.

Amartya Sen's studies demonstrate the practical consequences of weak legal frameworks. Famines in history, he found, were rarely caused purely by scarcity of resources; they occurred because systems failed to guarantee citizens' rights. The lessons are clear: legal frameworks are not abstract—they save lives. In Bangladesh, this principle applies equally to food security, disaster management, public health, and social protection.

Economic governance also depends on the rule of law. Inequalities persist where legal enforcement is weak. When laws are applied unevenly, the wealthy and powerful gain undue advantage, while ordinary citizens remain trapped in poverty. Legal equality is essential for redistributing opportunities, ensuring fair competition, and fostering a productive economy. Without it, social trust erodes, corruption spreads, and investment is discouraged.

Challenges in establishing the rule of law

Despite the importance of the rule of law, Bangladesh faces significant challenges. Political polarization, administrative inefficiency, and corruption hinder progress. Mob violence, for instance, reflects the absence of effective law enforcement. When citizens cannot trust that laws will protect them, informal justice or vigilante action emerges, undermining the state's authority. Similarly, scandals in the banking sector often reveal gaps in accountability mechanisms, demonstrating how weak legal enforcement can have widespread consequences.

Another challenge is political interference in institutions. When civil servants, judges, and regulators are pressured by political actors, laws become instruments of power rather than tools of justice. Strengthening legal independence requires political maturity, commitment, and public vigilance. Citizens must demand that institutions function impartially, and politicians must respect these boundaries.

Despite these challenges, the path forward is clear. First, legal institutions must be strengthened. Parliament, judiciary, regulatory agencies, and civil society organizations must function independently and transparently. Second, laws must be enforced impartially, with equal consequences for all. Third, public awareness and civic education must reinforce the importance of the rule of law, fostering a culture of accountability.

Elections alone cannot secure democracy. Bangladesh has seen periods of political transition where electoral processes took place, yet governance remained weak due to incomplete institutional reforms. To truly consolidate democracy, the rule of law must underpin every aspect of governance. Only then can citizens participate meaningfully in political, economic, and social life.

The rule of law is not a theoretical concept; it is the lifeblood of democracy, development, and human dignity. Without it, elections are hollow, economic growth is fragile, and human development is stunted. With it, citizens are empowered, institutions are credible, and the nation progresses equitably.

As Bangladesh continues its democratic journey, the imperative is clear: strengthen institutions, enforce laws impartially, and cultivate a culture of accountability. The road will not be easy. It requires political will, institutional integrity, and active civic participation. Yet, the alternative—continued lawlessness and inequality—is far graver.

For democracy to flourish, human development to accelerate, and economic activity to thrive, the rule of law must remain non-negotiable. This is not a choice; it is an imperative for a just, equitable, and prosperous Bangladesh.

Abridged from an interview conducted by TBS' Executive Editor Shakawat Liton