The Speaker and our parliament

Democracy is a rule by the ruled. Consent of the people is its basis. Parliament essentially embodies democracy. It is a pivotal institution through which the will of the people is expressed, laws are enacted and government is held to account. Through it, the popular self-government is established in practice. Thus, the functioning of parliament, or lack of it, truly reflects the effectiveness of a democracy.

A truly democratic parliament has several essential characteristics. According to Inter-Parliamentary Union (IPU), it is one that is:

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Representative: The parliament must include representation of/by all sectors of society with a view towards reflecting national and gender diversity. It must ensure representation of marginalised or excluded groups. As the elected body that represents society in all its diversity, parliaments have a unique responsibility for reconciling the conflicting interests and expectations of different groups and communities through the democratic means of dialogue and compromise.

Transparent: The proceedings of the parliament must be open to the nation through different media. There must also be transparency in the conduct of its business, which can be ensured through dissemination of relevant information about its activities.

Accessible: The parliament must ensure public participation in pre-legislative scrutiny and provide for open consultation for interested parties on matters of their interest. It must also allow lobbying within the limits of agreed legal provisions consistent with the principle of transparency.

Accountable: Members of the parliament must be accountable to the electorate for their performance in office. Such accountability must be ensured through proper monitoring and reporting procedures. There must also be strict ethical standards, codes of conduct, and limits on election expenses for them. They must also report outside interests and incomes to avoid conflicts of interest.

Independent: There must be mechanisms and resources to ensure the independence and autonomy of parliament, including its control over own budget and its own committees. It must also have non-partisan professional staff separate from the executive wing and capability for independent research and information gathering.

Effective: There must be effective organisation of parliamentary business in accordance with democratic values and norms to achieve efficiency. It must have systematic procedures for ensuring executive accountability and adequate powers and resources for enforcing such accountability. It must be able to shape national policies. Parliament must also have effective engagement in the national budget, including the subsequent auditing of accounts. In addition, it must have the ability and powers to address issues of concern to the society, to mediate in the event of tensions and prevent violent conflicts, and to shape public institutions that cater to the needs of the entire population rather than a few. Furthermore, parliament must approve senior ranking appointments and international treaties.

It is clear that parliament is the nerve centre of a democracy. The Speaker is the guardian of the parliament. Thus, the role of the Speaker should be to ensure that the characteristics of a democratic parliament prevail in reality. On a day-to-day basis, more specifically, his job is to preside over the meetings of the parliament, to maintain order and decorum in legislative proceedings, to ensure parliamentary oversight, to represent the legislature in dealing with the government, and to oversee the parliament's administration. He must ensure fair and inclusive parliamentary procedures to turn it into a truly deliberative, rationalist, open and consensual body. He must also maintain an atmosphere of collegiality and cohesiveness rather than a hostile environment, which is sometimes the case in mindless adversarial politics.

Another important role of the Speaker is to engage in inter-party dialogue and also negotiations for executive-legislative balance. In Nordic countries, for example, where minority governments have essentially become the norm and "bargaining democracy" is regularly practiced, frequent negotiations are needed for compromised solutions to many issues of importance. In our country, the negotiating role of the Speaker is particularly important because of the intolerant and confrontational attitudes of our political parties.

In order to successfully perform these roles, the Speaker's neutrality must be beyond questions. Sincerity, wisdom and courage must be his/her demonstrated qualities. He must also be a skilful facilitator.

The conduct of Sircar and the way of his conducting the Jatiya Sangsad as its Speaker must be judged against his ability to ensure the characteristics of a democratic parliament. His performance must be assessed with respect to his success, or lack of it, in carrying out effective negotiations between our combative political parties. He must also be evaluated in terms of his personal qualities of head and heart. Readers can judge the justifications of the serious concerns raised in the Daily Star article against these criteria and easily make their own judgment.

However, one thing is clear, Sircar, like his predecessors, has not been able to improve the quality of debates in the parliament. Mudslinging and irrelevant rancorous rhetoric are still the norm of the discussions in the floor of the house. More seriously, his inability to strengthen parliamentary oversight functions in the face of accusations of rampant corruptions and sleaziness by members of the executive branch is a matter of serious and far-reaching consequences. Many of our lawmakers have also become lawbreakers and are engaged in the naked pursuit of selfish interests to the detriment of national interests. The parliament has clearly failed to police itself against unethical and corrupt conducts, and thus has largely become a body devoid of accountability. What is most disturbing is Sircar's contention, reported in the daily Prothom Alo (October 28, 2005), that a parliament can function effectively in spite of the ongoing absence of the opposition from its proceedings.

Another important issue. The speaker is only a heartbeat away from becoming the head of the state. In fact, Sircar had the unique opportunity to become the acting President for 73 days. Thus, he needs to demonstrate the highest ethical standard -- higher than what is called for an ordinary citizen. National interest, rather than the coterie interests, must also be his highest priority. Many thoughtful citizens have been greatly surprised by our honourable Speaker's role, or lack of it, in the sordid incident of building the two houses for the Speaker and the Deputy Speaker, defacing our Sangsad Bhaban, which is a world-renowned architectural masterpiece.

To conclude, the effectiveness of our parliament has been deteriorating over the years. According to some observers, it has increasingly become a lame and tame body. Sircar, as the speaker of our eighth parliament, failed to provide effective leadership to prevent this slide toward dysfunction. In fact, during his tenure the slide has become perhaps more obvious and serious. Our parliament, in the face of continued boycott of the opposition, has now become more or less a rubber-stamp body, giving stamps of approval to executive actions without intervention or scrutiny. This clearly does not bode well for our budding democracy.

The author is Member-Secretary, SHUJAN, and Global Vice President and Country Director, The Hunger Project-Bangladesh.