Do we ever remember that a motion/bill was raised at the parliament of Bangladesh and the ruling party’s Member of the Parliament has voted against it? No, we never witnessed it because Article 70 states that if a Member of Parliament votes against the official party line, resigns from the party, or abstains from voting, they will lose their seat. Article 70 of the constitution has been a subject of significant debate since its inception. This absurd rule pertains to state that it is implemented to protect party decorum, discipline and prevent political defection and ensuring government stability. However, we think that it severely limits the independence of the MP’s and their moral obligations as well. Article 70 hinders democratic practices, and stiffing healthy debates within the parliament which results in empowering dictatorship which we witnessed in the recent past. Bangladesh’s Parliament has largely served as a rubber stamp for actions taken by the ruling party or coalition. Therefore, we need to amend this rule and establish to hold a no confidence vote to remove a prime minister.

The Article 70 Problems and it’s remedies
The necessity of Article 70 was immense in the early years’ of Bangladesh’s Democracy as if the MP’s had a no motion power at that early stage, a “Floor-Crossing” known as “Horse Trading” would have destabilize the potential of the ruling government but it’s application in the modern times has lead us to several negative consequences in the recent past. One of the Primary Criticism is that it limits the MP’s ability to express their views freely and independently. This has resulted in a lack of healthy debate within the parliament, as MP’s are not able to oppose or critique policies proposed by their party leadership without risking their seats. Another criticism is that Article 70 strengthens the hand of party leaders at the expense of individual MPs, reducing the effectiveness of parliamentary democracy. Instead of being a platform for dialogue and accountability the parliament suffers from dictation under this provision. That is why we have proposed a road map of how Article 70 can be amended:

Proposed Amendment to Article 70: Given the criticisms, there is a growing mass confidence that Article 70 needs to be amended. The challenge is to strike a balance between preventing political instability through defection and hence it will allow MPs to exercise their independence. A potential amendment could involve the following reforms:
•    Partial Freedom to MPs: MPs should be allowed to vote independently on certain issues such as national interest, policy matters, and issues affecting their constituencies. However, for critical votes, as a vote of no confidence or budget matters, party discipline could still apply to ensure the government’s stability. 

•    Whip System with Limits: Bangladesh could introduce a system where the party whip is applied only on key votes, such as annual budget approvals or motion of confidence. For other legislative matters, MPs should be allowed to vote according to their judgement. Reducing Centralization of power and concentration of the Party head’s jurisdictions.

•    Consultation and Stakeholder Engagement:
a. Involving Legal and Constitutional Experts: Engage constitutional lawyers, former judges, and legal scholars to assess the legal implications of amending Article 70. Examine how similar provisions work in other parliamentary democracies, such as India and the UK.

b. Engaging Political Stakeholders: Consultation with all political parties (ruling and opposition) to gauge their stance on amending Article 70. Consider party perspectives on party discipline vs. MP independence.

c. Public Consultation: Hold public hearings and engage civil society organizations. Conduct surveys and use media platforms to inform and gauge public opinion on the issue.

•    Developing Amendment Proposals:
a. Consider Various Models:
Partial Restriction Model: Allow MPs some flexibility to vote independently on issues like private members’ bills, conscience votes, or non-confidence motions, while retaining party discipline on key policy votes (e.g., budget, no-confidence votes).

Complete Overhaul: Allow MPs full freedom to vote on all matters, similar to some parliamentary systems like the UK, but balance with legal safeguards against party switching for personal gain.

b. Drafting the Amendment: Work with a constitutional drafting committee to draft the proposed amendment text. Ensure that the language is clear and unambiguous to avoid future legal challenges.

•    Legislative Process and Advocacy:
a. Present the Amendment in Parliament: Once the draft is ready, present the proposed amendment for discussion in Parliament. Allow for debates on the floor and involve all political parties in the process.

b. Advocacy and Lobbying: Use media, civil society organizations, and academia to generate support for the amendment. Encourage debates on television, radio, and social media platforms to raise public awareness.

c. Securing Political Consensus: Building a political consensus is key to passing the amendment, as constitutional amendments in Bangladesh require a two-thirds majority. Engage in behind-the-scenes negotiations with political leaders to ensure the necessary support.

•    Ensuring Legal and Constitutional Safeguards:
a. Compatibility with Other Constitutional Provisions: Ensure that any changes to Article 70 do not contradict other provisions of the Constitution, particularly those that protect democratic principles, such as Articles 7 (Supremacy of the Constitution) and 26 (Protection of Fundamental Rights).

b. Judicial Review Mechanism: Include a clause for judicial review, allowing the courts to oversee the enforcement and interpretation of the amended article.
•    Implementation and Monitoring:
a. Monitoring the Impact of the Amendment: Establish a parliamentary or independent committee to monitor the implementation and effects of the amendment over time. Assess how the changes affect parliamentary behavior, party discipline, and democratic governance.

b. Revisions and Adjustments: Allow room for future revisions based on the practical outcomes of the amendment. Create a timeline for reviewing the impact of the amendment, perhaps after one or two parliamentary terms, to make necessary adjustments if needed.

An amendment to Article 70 must strike a balance between party discipline and democratic freedoms. This roadmap outlines a multi-step approach that combines legal expertise, political negotiation, and public engagement to ensure a thoughtful and effective reform. This process would likely take time, but if executed well, it could improve parliamentary democracy in Bangladesh by empowering MPs while maintaining the stability of the government.

Writer Sezan Ahmed, an LLB graduate from Leeds Beckett University, is now a paralegal at Cambridge-based Hayes and Storr Solicitors.

BDST: 1852 HRS, NOV 06, 2024
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