Two-thirds majority and people's expectations

A good constitution must provide protection for the citizens' right and freedom on which the state must not be permitted to encroach and a constitutional change should be hedged about with labourious formalities, necessary to deter ill-considered experiments and forestall hasty decisions. Bangladesh constitution requires the support of two-thirds majority for amendment to it -- except for Preamble or any provision of article 8, 48 and 56 -- which the coalition government enjoys.

Our constitution was framed in a hurry under special circumstances after independence in 1971 accommodating 150 national and 150 provincial assembly members of Pakistan time. This is how the idea of 300 members came in. The constitution flipped-flopped from presidential to parliamentary, and then from single-party BAKSAL to military rules and then to multi-party system. Like constitutions of many other countries, ours also provides for democracy to be realised through parliamentary polity and also elected local self-government.

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We can't say, our present constitution does not have good provisions, but people's right and freedom, and the responsibility of the executive branch of the state are abridged and compromised here and there. This is probably natural for any constitution moulded by a party or government in power to provide for unbridled power minus accountability and responsibility that go with power. Such provisions are good for government machinery but undesirable to the general people and even the parliament members not in a position to exercise executive power.

What is apparently good for the party in power immediately turns to be unbearable when the party goes out of power. The administration they themselves happen to politicise starts treating them differently. The parliaments hardly bothered so far to take up changes in the provisions of the constitution or laws, to make them compatible to a free people. Many thought of it, but as the job is colossal and does not bring immediate financial benefit, it was deferred by most regimes. Meanwhile, the changes made so far are either superficial or intended to give more discretionary power to some sections of administration. This gave rise to scope and practice of abuse of power, which in turn developed mistrust among parties in power and the parties out of it.

The parties remain locked in mudslinging and the bureaucracy rules the country without well-thought and responsible political guidance in the interest of the people in general. The Caretaker Government system is an innovative mechanism born out of that mistrust. This may however be given a better shape supported by a non-party National Security Council on permanent basis.

It is generally viewed that the present parliament membership is a part-time job. There is chronic lack of quorum and parliament boycott. This is encouraged by the constitutional provision of article 70 that takes away the fundamental rights and freedom of parliament members in exercising their conscience in voting in parliament.

It is argued that election is unreasonably costly. The remuneration of the members is too meagre to engage themselves fully in law making. As we have not built functional institutions, rational laws and well-thought constitution that can protect the interest of the citizens vis-à-vis the state, the responsibility of the parliament members is too great to discharge as part-timers. They may be paid handsomely, and part of the election expenditure may also be borne by the state to ensure that the parliament members are full-time law makers with and only with the interest of the people and the state in mind. This is the unquestionable, silent desire of the people who want a responsible government that serves the people and manages the affairs of the state on behalf of them. People have not yet enjoyed the taste of independence they cherished. There are common cries against abuse of power, corruption, extortion, non-functional institutions, anti-people laws, compromise with national interest, inhibition of progress, destruction of the development potential, perpetuation of causes of poverty, voluntary subordination to dependence on external dictates, non-establishment of the office of Ombudsman, non-enforcement of compulsory education, non-introduction of real non-party, effectively functional local self-government, and mismanagement of national economy that should be geared up to prepare the nation for economic take-off in a right environment.

The Government is reportedly taking initiative to submit a bill in a hurry to give immunity to World Bank and IMF which has reduced utility since 1972 when international currency went floating. There is no instance of their advice contributing to the economic health of any country. It may not be wrong to think that some of our people close to power are using World Bank and IMF conditionality for their personal gain. It is already known how many countries suffered from the ill or calculated wrong advice of World Bank and IMF, which finally said, "We were probably wrong". We are closing down or dismantling our industries, instead of rehabilitating them. Is it to alleviate or aggravate poverty? It is now the time that we request World Bank and IMF to write off our entire debts as was once suggested by major developed countries, and not to impose conditionality that is beyond their mandate.

There are confusions about whether investment by TATA is in our interest and shall be allowed, and whether foreigners should be allowed to buy land here under any condition, whether purchase of land or natural resource directly or indirectly should at all be considered as foreign investment, what should be the conditions for selective foreign inward investments (which Japan and S. Korea consciously resisted and restricted in their early stage), what should be the policy of permitting investment in service sector, what should be our strategy of full employment, how rational the taxation system should be, how the industrial promotion laws should be framed, what should be our priority industries, what should be our industrial financing mechanism, whether utility service users should be given some large share in the service providing industries, how should the fiscal and monetary policy respond to our national needs, what should be the banking policy, what should be our strategy of interest rate, exchange rate and foreign exchange reserve, what should be our external borrowing policy. What should be guidance on international treaty and agreements, what should be our priority research fields, what should be our energy policy, what should be our allowable limit of budget and trade deficit, what should be our strategy to build-up our engineering and technological capability to build physical infrastructures like roads, bridges, flyovers, railway, etc.?

These may be guided by incorporating general provisions in the constitution so that we do not have to falter and tumble in every steps of decision making with respect to approval, planning and implementation even under any changed circumstances. A lot of educated homework is necessary. There is no scope of shortcut and oversimplification. Time is running out very fast.

With two-thirds majority, the coalition government can take responsible initiative to pave the way for framing comprehensive development policy and plan without tumbling at every step and work on comprehensive constitutional amendment that can also provide for alternative to Hartal, and a mechanism of institutionally checking social disorder by introducing scientific local self-government and Koban (Police Box) system of Japan that is successfully adopted by presently advancing South East Asian countries.

People expect and pin hope on this government to do something great and farsighted by using, not abusing the present opportunity. If they happen to do it with trust in people, I believe, people will not betray them in the coming election as well. Trickery may not pay in the long run. Incidentally, the author has already presented a proposal for such comprehensive amendments to the constitution to the Ruling party as well as some members of other parties for study. A good system that is good for the people and the state is also good for politicians of any thought and philosophy. Politics may then be a healthy politics of competition to serve the people better and to debate on serious national issues.

Mustafizur Rahman, PhD, is Chairman, The Institute of Development Strategy, Dhaka. The views expressed are of the author's own and not necessarily of the organisation he represents.