Academics and constitutional experts have proposed clarifying the judiciary's jurisdiction over constitutional amendments, devising alternative mechanisms for forming a caretaker government and determining the representation framework for an upper house of parliament.
They have also recommended incorporating some state policy principles into fundamental rights, subject to the country's capacity, and defining popular sovereignty more explicitly in the Constitution.
The proposals came at the seventh meeting of the parliamentary special committee on constitutional amendments at the parliament today (13 October). Home Minister Salahuddin Ahmed, the committee chairman, briefed journalists after the meeting.
He said the discussion covered the amendment procedure under Article 142 of the Constitution, alternatives to the two-thirds majority requirement and safeguards for the Constitution's basic structure.
Experts seek clearer limits on judiciary's powers
Participants stressed the need to constitutionally define the judiciary's jurisdiction over constitutional interpretation and the basic structure of the Constitution.
They said safeguards must protect judicial independence while preventing any branch of the state from exercising excessive authority over another.
Salahuddin said the discussion included clarifying the judiciary's role and jurisdiction in interpreting the Constitution.
Alternative caretaker government mechanism discussed
The meeting also discussed restoring the caretaker government system and determining how such a government could be formed. However, no specific proposal was finalised.
Salahuddin said that during the formulation of the July National Charter, a consensus had been reached to exclude the president's role under the final option among the proposed mechanisms for forming a caretaker government.
If consensus could not be reached on the preceding options, academics had suggested retaining a role for the judiciary as a last resort, he said, adding that they would submit written proposals on the matter.
Upper house representation under review
Academics also offered views on the composition of an upper house and how its members should be represented and selected.
Discussions covered which social groups and geographical areas should be represented, how members would be elected, whether representation should be allocated by district and whether a proportional representation system could be introduced.
Bangladesh is a unitary state, Salahuddin said, adding that the committee had received differing views on how representation in an upper house could be ensured within the existing state structure.
The committee will review the written proposals and discuss them further, he said.
Other recommendations included bringing certain principles of state policy within the scope of fundamental rights in line with the country's capacity and clarifying popular sovereignty under Article 7 of the Constitution.
Opposition urged to join amendment process
Asked about former Consensus Commission vice-chairman Professor Ali Riaz's criticism of the opposition's absence from the constitutional amendment process, Salahuddin said the government was pursuing the July National Charter and had invited opposition parties to nominate committee representatives. They had yet to submit names, he said.
The government wanted amendments through participation and consensus but would proceed even without the opposition, he added, expressing hope that opposition parties would join parliamentary discussions once the amendment bill was placed. Their absence could fuel controversy over the process.
Salahuddin said the amendment process should also consider issues beyond the July National Charter, based on election manifestos and public demands.
The committee will hold a daylong discussion with Supreme Court lawyers, Supreme Court Bar Association representatives and prominent constitutional experts on 24 October, he said.
The meeting was attended by National Prof Mahbubullah, Dhaka University Vice-Chancellor Prof ABM Obaidul Islam, Prof Salimullah Khan, Prof Geetiara Nasreen, Prof Samina Luthfa and Prof Mohammad Tanzimuddin Khan, University Grants Commission Chairman Prof Mamun Ahmed, and other academics.