Dual system proposed for upper house formation

JS body on constitutional amendment sits with lawyers, teachers

Some participants proposed that if an upper house is established through a constitutional amendment, an election-time caretaker government could be formed under the leadership of its Speaker.

Salahuddin Ahmed

A new proposal for forming an upper house of parliament through a dual system, combining vote share and seat share, has been placed before the special parliamentary committee on constitutional amendment.

The proposal, placed during the committee’s meeting with lawyers and teachers yesterday, recommends electing half of the proposed 100-member upper house in proportion to the share of votes cast, and the other half based on the number of seats won in parliament. 

Five more members would be nominated by the president, taking the total to 105.

Such a dual model will resolve differences among opposition and ruling alliances over the formation of the upper house, lawyers and teachers said during the meeting, according to sources. 

In the July charter, most political parties agreed during talks held by the National Consensus Commission that the upper house should be based on the percentage of votes in the lower house election. 

The ruling BNP, however, supports forming the chamber based on the percentage of seats in the lower house.

Chaired by committee head and Home Minister Salahuddin Ahmed, the committee held a six-and-a-half-hour meeting yesterday at the Cabinet Room of the Jatiya Sangsad Bhaban. 

Committee members, along with invited constitutional experts, senior Supreme Court advocates and law professors from various universities, took part, according to the parliament secretariat. Of the 60 people invited, 44 attended.

Sources from the meeting said a law teacher from a public university put forward the mixed-system proposal, and several participants supported it. 

Another academic, from a private university, termed it acceptable and suggested forming an election-time caretaker government headed by the Speaker of the upper house. 

If this is adopted, he said, the post of vice-president could be created in the constitution, with the upper house Speaker serving as ex-officio vice-president.

Advisers to the caretaker government would be nominated from the upper house on the recommendations of both the government and the opposition.

He also proposed setting the term of the lower house at four years and that of the upper house at six, which, meeting sources said, would ensure that an elected parliament remains in place even after the government’s term expires.

Speaking at a press conference after the meeting, Salahuddin said detailed discussions were held on the structure, process and jurisdiction of the caretaker government system. 

Some participants proposed that if an upper house is established through a constitutional amendment, an election-time caretaker government could be formed under the leadership of its Speaker, based on the views of the government and the opposition, he said.

Noting that “such a proposal can be considered”, Salahuddin said, “Many opined that there could be a provision where, besides the Speaker, other advisers are appointed with the consensus of the government and the opposition. This can be considered also.”

He said there was no scope to make an immediate decision. 

“Everyone discussed in detail and shared their views. Among the meetings held so far, today’s discussion was the most fruitful. We have one or two more meetings left. We have already started compilation work, with no time constraint for submitting the report,” he said. 

Among the key issues discussed were the constitutional basic structure theory and judicial review of administrative action, legislative action and constitutional amendments. 

Speakers shared their opinions on the Supreme Court’s power of judicial review and constitutional interpretation, Salahuddin said. Participants cited examples from different countries regarding the judiciary’s jurisdiction in these matters.

Apart from this, almost everyone agreed that under article 70, members of parliament would be free to vote independently on all issues except four: constitutional amendments, money bills, confidence votes and national security, the committee chief said. 

Meeting sources said some favoured allowing one person to hold the positions of PM and party chief simultaneously.

Under article 76 of the constitution, a parliamentary committee can summon anyone on any matter but cannot compel that person to appear. Although there is scope to enact legislation on this, no government has done so. 

In response to a proposal on the matter, Salahuddin indicated plans to formulate a law.