CAF Dowlah

Ladies and Gentlemen, Good Morning.
It is my distinct pleasure to welcome you to the seminar on “Constitutional Reforms for Transition to Democratic Governance,” organized by the Bangladesh Institute of Policy Studies (BIPS).
This seminar marks the first public endeavor of the BIPS, and with this modest step we announce our presence within the intellectual and policy discourses of Bangladesh.
We are honored to have Honorable Justice M. A. Matin with us, a distinguished retired judge of the highest court of the country, with impeccable expertise on adjudication of constitutional matters, to present keynote speech at the seminar.

We are fortunate to have Honorable Justice Syed M. Dastagir Husain as Chair of the session today. Retired Justice Dastagir Husain has been a champion of human rights and a former President of the Bangladesh Chapter of Amnesty International.

We are also very proud to have with us the distinguished Editor of The Daily Star, Mr. Mahfuz Anam Esq., as our Guest of Honor. We salute him for standing the ground, proudly and forcefully, during the dark period when there existed no semblance of press freedom in the country.
At BIPS, we are guided by a deep commitment to market-oriented and democratic principles, and shaping pragmatic public policies for sustainable development of Bangladesh.
As an independent, non-profit think tank, we seek to engage in collaborations with other like-minded think tanks, institutions, and individuals, both within the country and abroad.
Our policy research and advocacy aims at enhancing economic resilience, financial stability, human rights, and the legal and judicial reforms necessary to support a robust democratic framework of governance in Bangladesh.
We intend to create a Global Platform for Researchers who are addressing issues central to the development of Bangladesh. We request them to make their contributions available on our website.
Today’s seminar addresses one of the most pressing issues facing our nation: Constitutional reforms needed for making a transition to a system of democratic governance.
This topic has gripped the nation’s attention for many years, and has come to the forefront once again since the “JULY REVOLUTION” that toppled one of the most brutal autocratic regimes in the contemporary world.
We gratefully remember heroic sacrifices made by our younger generation for delivering a “Second Liberation” to the brutally tortured and inhumanly belittled nation that helplessly cried for rescue for many years.
We are proud of them, and we extend our fullest support and cooperation to the materialization of their hopes, dreams, and aspirations.
We also wish all the best to the Interim Government led by Professor Yunus in its efforts to make the transition to democratic governance. We hope the interim government will be able to do so as soon as possible, and as smoothly as possible.

First, Insert a Due Process Clause in the Constitution, like the Magna Carta of Great Britain, and the Fifth and Fourteenth Amendments of the U.S. Constitution, to make sure that:
No citizen can be deprived of life, liberty, or property without proper legal procedures.
Nobody can be arrested from their homes or properties without a court order.
Police is restricted to arrest only when individuals are actively involved in the acts of committing a crime.
The authority to file cases with the courts removed from the Police and transferred to state-appointed attorneys. And,
Ordinary citizens are protected from biased and dishonest prosecutors and judges.
Second, Switch to a Presidential Form of Government to ensure proper separation of powers and checks and balances between the executive, legislative, and judicial branches.
A presidential system, like that of the U.S., is best suited for true separation of powers and checks and balances.
A parliamentary system, on the other hand, is not well-suited for this purpose as the Prime Minister serves as the Leader of the Parliament as well as the Chief Executive of the country.
In case the parliamentary system is continued, the reforms should aim at strengthening the separation of powers between the branches of government to prevent any Prime Minister from exercising unchecked authority or infringing on the powers of other branches of government.
The reforms must also provide adequate safeguards to implement checks and balances so that violations of constitutional provisions can be promptly subjected to parliamentary oversight and judicial scrutiny.
Third, Empower the President with Emergency Powers to dissolve Parliament, and appoint an interim, caretaker, or national government, in times of national emergencies and general elections, without requiring any consent or advice of the Prime Minister.
Fourth, Establish a legal framework for a truly independent judiciary, by bringing all courts under the jurisdiction of the Supreme Court of Bangladesh. At the same time, subject the judiciary to public and media scrutiny to ensure its accountability.
Fifth, Adopt a bicameral legislature so that the Upper House approves legislative and budgetary proposals of Lower House, provides consents to appointments of all top-level officials, including High Court and Supreme Court judges, and ratifies all treaties.
Sixth, Adopt a federal structure of government by upgrading existing Divisions into Provinces, and placing them under elected Governors. This will take the government near to people, and substantially and significantly deter rise of autocratic regimes in the future.
Seventh, Declare Freedom of Expression as an inalienable right of citizens, like the First Amendment of the U.S. Constitution, to guarantee that all citizens can speak freely, and the Press can exercise the freedom of expression without fear or favor.
Eighth, establish a truly independent Election Commission, equipped with the power and authority to hold free and fair elections, and operate totally free from any external interference.
Nineth, impose appropriate term limits for the President, Prime Minister, Members of Parliament, judges of the High Court and Supreme Court, and so on.
Tenth, allow Floor Crossings, so that the members of parliament can cross party lines without the risk of losing their seats in order to defend national interest.
The interim Government has a historic responsibility, and a grand opportunity, to fundamentally reform the constitution.
Regrettably, while the nation has been clamoring for genuine constitutional reforms for making a transition to democratic governance, the Interim Government’s approach seems to be deeply flawed.
Unfortunately, the Constitutional Reform Commission is headed by a political scientist, while reforming the supreme legal document of the nation—the supreme law of the land—deserves capable leadership of a highly distinguished legal expert/scholar.
Before finishing, please allow me to extend my sincere thanks and gratitude to you all for taking the time to join our seminar today.
Your presence here emboldens our commitment to address our nation’s pressing issues.
We look forward to your continued support to our future endeavors.
I now request Honorable Justice M. A. Matin to kindly present his keynote speech.
Thank you all, once again.