Main article: Politics
of Bangladesh
The
President,
while being head
of state, holds a largely ceremonial post,
with real power held by the Prime
Minister, who is head
of government. The president is elected
by the legislature every 5 years and his normally
limited powers are substantially expanded during the
tenure of a caretaker government,
mainly in controlling the transition to a new government.
The
prime minister is appointed by the president and must
be a member of parliament (MP) whom the president
feels commands the confidence of the majority of other
MPs. The cabinet
is composed of ministers selected by the prime minister
and appointed by the president.
The
unicameral
Bangladeshi parliament is
the House of the Nation or Jatiya Sangsad,
whose 300 members are elected by popular vote from
single territorial constituencies for five-year terms
of office. The highest judiciary
body is the Supreme Court, of which the chief justices
and other judges are appointed by the president.
The State
The declaration, for independence by Sheikh
Mujibur Rahman, which came in the wake of a crackdown
on the night of 25 March 1971 by the military junta
of Pakistan, was followed by a war that established
the sovereign state called the People's Republic of
Bangladesh. The nation won freedom after the long,
tortuous struggle of the nine-month long War of Independence;
victory came on December 16, 1971.
The Country's Constitution calls the state "a
unitary, independent, sovereign Republic".In
the pursuit of growth, development and prosperity,
government institutions have evolved in response to
the changing needs of the nation. Among these institutions
are presidency, a cabinet headed by a prime minister,
a sovereign parliament overseeing the actions of the
administration, and an independent judiciary.
After
independence, the nation chose Westminster type parliamentary
democracy. 3 years later, the then government brought
about fundamental changes in the form of governance,
replacing the parliamentary system by presidential
one and introducing a one party rule.
Months
later, on August 15, 1975, the nation. witnessed a
political change-over which triggered a series of
events leading to restoration of multi-party democracy.
It was legislated by Parliament through the fifth
amendment to the constitution on Apri16, 1979.
In
less than 3 years, on March 24, 1982, the elected
government was removed and Martial Law imposed. The
next 9 years were a saga of continuous struggle against
autocracy. On December 6, 1990, a popular upsurge
toppled the autocratic administration, installing
an interim administration which conducted general
elections hailed as the most free and fair ever. A
sovereign parliament - the Jatiya Sangsad-was elected
for a 5-year term. It unanimously adopted the Twelfth
Constitution Amendment Bill on August 6, 1991 for
change-over to parliamentary system of government
from the presidential system. The change-over to parliamentary
system was approved in a referendum on September 15,
1991.
The Constitution
The
Constitution is the supreme law of the land and if
any other law is inconsistent with the Constitution
that other law shall, to the extent of the inconsistency,
be void. "The Republic shall be a democracy in
which fundamental human rights and freedoms and respect
for the dignity and worth of the human person shall
be guaranteed". The clauses which were thus protected
and require popular approval for a change are the
ones that deal with fundamental principles of State
Policy and the form of governance.
Legislature
Jatiya Sangsad is the name given to Bangladesh's parliament.
The unicameral body whose 330 members (including 30
women elected on reserved seats) are elected for a
5-year term. Of the 330 members 300 are elected from
single territorial constituencies on the basis of
direct adult franchise. The 30 women members are chosen
by an electoral college composed of the 300 elected
members. Any citizen of Bangladesh who has attained
the age of 25 years is eligible to contest in the
polls to parliament if he or she is not otherwise
disqualified. 'The Jatiya Sangsad can amend the Constitution
by a proposal in the form of a bill. After the passage
of the bill, it is sent to the President for assent.
It becomes a law and is called an Act of Parliament
after it is assented to within a mandatory period
of 15 days. Except in the case of Money Bills, the
President can withhold assent and send within IS days
a request to Parliament for a reconsideration. If
the bill is again passed by Parliament, the President
is obliged to assent within 7 days.
Any
bill that involves expenditure of public money or
imposition of taxes requires a recommendation from
the President. But reduction or abolition of any tax
does not need Presidential recommendation. Parliament
oversees the custody and expenditure of public money,
discusses and approves the annual financial statement
(a statement of the estimated receipts and expenditure
of the government for that year) and money bills which
deal with taxation and has custody of the Consolidated
Fund. Article. 83 of the Constitution says : "No
tax shall be levied or collected except by or under
the authority of an Act of Parliament".
The
Jatiya Sangsad at its first sitting after election
elects a Speaker and a Deputy Speaker from among its
members. Sessions are summoned and prorogued by the
President on the advice of the Prime Minister in writing.
It is provided that there must not be a gap of more
than 60 days between 2 sessions. Dissolution of Parliament
is also done by the President in accordance with the
advice of the Prime Minister. Business of Parliament
is governed by the Rules of Procedure.
When
Parliament is not in session or not in existence,
the President can promulgate an Ordinance having the
effect of an Act of Parliament to deal with an emergency
situation, but the Ordinance has to be laid before
Parliament at its first meeting after promulgation
of the Ordinance. The Ordinance shall, unless it is
earlier repealed, cease to have effect on the expiry
of 30 days after it is so laid, if not already repealed
by the Sangsad.
It
is a constructional obligation for the Sangsad to
appoint "standing committees" composed of
its members to scrutinize and monitor the functions
of the administration. The Constitution says that
there must be a public accounts committee, a committee
of privileges and such other standing committees as
the rules of procedure of Parliament require. In addition
to these committees, the House can appoint committees
to examine draft bills, legislative proposals, review
the enforcement of law and propose measures for such
enforcement.
Committees
can also be formed to look into any matter of public
importance which is referred to Parliament, and to
investigate or inquire into the activities of the
administration of any ministry.
Parliament
can empower by law all these committees to enforce
attendance of witnesses and examine them on oath,
affirmation or otherwise, and compel them to produce
necessary documents.
Members
enjoy a wide range of privileges and immunities. The
Sangsad's proceedings cannot be questioned in any
court of law and a member is not liable to proceedings
in any court for a vote given or for whatever he or
she has said in the House or in committee meetings.
A
member of Parliament loses his scat if he or she resigns
from the political party which nominated him in the
elections or votes against its decision.
The
Parliament stands dissolved on expiry of its term
of 5 years from the date of its first meeting. But
"at any time when the Republic is engaged in
war the period may be extended by an Act of Parliament
by not more than 1 year at a time but shall not be
so extended beyond 6 months after the termination
of the war" [article 72(3)]. The President, acting
under the advice of the Prime Minister forwarded to
him in writing, can dissolve Parliament before expiration
of its term. In that case, general elections have
to be held within 90 days.
Judiciary
The lower courts are located at the district level.
The magistrates deal only with criminal cases, whereas
the judges at the district and upper levels, deal
with both criminal (including appeals) and civil cases.
The Supreme Court at Dhaka has 2 divisions, namely
the High Court Division-hears appeals from district
courts and may also judge original cases 2nd the Appellate
Division-reviews appeals of judgments by the High
Court Division. The judges of both the divisions are
appointed by the President on the advice of the Prime
Minister and the Ministry of Law. The powers of the
judiciary were severely curtailed during the autocratic
regime. These have now been restored with the emergence
of democracy in the country and the judiciary now
enjoys full.
Administration
The elected political leaders govern Bangladesh
through a permanent civil bureaucracy. While ministers
remain at the helm of ministries or divisions, they
are aided by civil servants, recruited through the
Public Service Commission, in executing government
decisions and policies, Ministries mostly do the regulatory
and policy-making work and numerous subordinate departments,
directorates and public corporations usually do the
work at the field level. The senior most civil servant
in the ministry or division is designated as Secretary.
Below the Secretary are Additional Secretary, Joint
Secretary, Deputy Secretary, Senior Assistant Secretary
and Assistant Secretary. The Cabinet Secretary is
the highest ranking civil servant in the country.
