Constitutional Reform Commission, Bangladesh

The Constitutional Reform Commission of Bangladesh is a commission established by the Bangladesh interim government in 2024 with a purpose to prepare a report on the reasons behind past constitutional failures and to create a roadmap for convening a constituent assembly to draft and adopt a new, inclusive, democratic constitution, ensuring the inviolability of human dignity.

People cheering in front of the prime minister's office after the ousting of Sheikh Hasina

Background

The commission was formed following the ouster of the previous Awami League government, led by Sheikh Hasina, during a massive uprising, which forced Hasina to flee secretly to India on August 5, 2024. This paved the way for the formation of an interim government under Nobel laureate Muhammad Yunus, who was appointed as Chief Adviser. Yunus' government, which assumed power on August 8, 2024, aimed to initiate reforms across multiple sectors to address long-standing grievances concerning corruption, electoral fraud, and authoritarianism. Prominent intellectual like Farhad Mazhar said that the country is going through a constitutional vacuum as the there is no provision for any kind of interim government in the constitution. The formation of the Constitutional Reform Commission was part of a broader agenda to implement systematic changes across Bangladesh's core institutions, such as the judiciary, public administration, electoral processes, and the Anti-Corruption Commission. The overall objective of these reforms was to restore public trust in state institutions and ensure transparent governance for future generations. The interim government's reform efforts were influenced by the mass uprising of July 2024, which brought national attention to issues of systemic corruption and democratic decline.

Formation and Objectives

The Constitutional Reform Commission was announced on September 11, 2024, along with five other commissions. In his public address, Chief Adviser Yunus emphasized that reforming the constitutional and electoral frameworks was essential to halting the recurring cycles of political violence and authoritarianism that had plagued Bangladesh's recent history. He also stressed that the reform process would ensure public ownership of the state and uphold the principles of accountability and welfare.

Appointment of Ali Riaz

Ali Riaz, a political science professor at Illinois State University, has been appointed as the head of the commission.

Initially, the commission was to be led by prominent lawyer Shahdeen Malik. However, shortly after its formation, the government announced that Malik would be replaced by Ali Riaz, a professor of political science at Illinois State University. Riaz, known for his expertise in South Asian politics, was entrusted with leading the commission's activities. His appointment was seen as an effort to bring an international perspective to the reform process, though it also underscored the delicate political environment within the interim government. Riaz's appointment highlighted the challenges faced by the administration as it attempted to balance domestic expectations with international concerns about the direction of the reforms. His academic background, which includes a PhD in political science and extensive experience working in the U.S., gave the commission a broader, more global outlook.

Before being appointed as the head of the commission, Ali Riaz was actively advocated for redrafting a new constitution. In a conference organized by the Centre for Governance Studies, Riaz said,

I'm talking about redrafting a [new] constitution because there’s no way to amend it. The current constitution has limited options for amendment. A third of the constitution was drafted in such a way that it cannot be altered. There are certain provisions within it, which, if not removed, nothing can be done. That’s why the term 'redrafting' or 'rewriting' is being used. I'm mentioning the Constituent Assembly as a path for rewriting. I don't know if there is any other way.

Additionally, the commission was tasked with reviewing existing laws related to political party registration, campaign finance, and voter rights. The aim was to create a more inclusive political framework that would prevent the marginalization of minority groups and eliminate the corrupt practices that had previously dominated the political landscape.

Public deliberations on the new constitution

Zia Haider Rahman

Zia Haider Rahman suggested the government to follow an hourglass model for drafting a new constitution.

Farhad Mazhar said, "In every meeting I attend, everyone is saying— we need a new constitution. We don’t want constitutional reforms. The idea, aspiration, and intent for a new constitution have taken root among the people."

Reception

The formation of the Constitutional Reform Commission was widely seen as a positive step toward addressing the long-standing governance issues in Bangladesh. Civil society groups, political analysts, and international observers expressed optimism about the commission's potential to bring meaningful change. As the commission's work continues to unfold, Bangladesh looks toward a future in which constitutional reform, through an elected constituent assembly, could reshape the country's democratic foundations and promote greater political stability.