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Thoughts on Constitution of Bangladesh VI

Parliament and its Members

by Mustafizur Rahman
THE idea of 300-mem-l>er single-house (tho-ii uh 30 women seats were added to it later) par liament was Just to accommodate 150 Provincial (East Pakistan) Assembly seats and 150 National (central) Assembly seats (prior to 1971 independence). So. in the first place, there remains a question whether this number is the most rational and also whether a single-house parliament is the most logical form of parliament for us. Instead of making the parliament big, it is more useful to provide the members with facilities for thorough study and information collection to make effective contribution in rational law making. Any way. this does not seem to be the immediate issue as long as people retain the right of amending the Constitution at their own initiative.
As long as the provision for 30 reserved seats for women remains, a provision for nomination of one woman member by every ten elected members may be Introduced after the next general election for parliament members. Instead of all by the majority.
As to the parliament, we have to decide whether its members shall represent the voters and their opinion or shall represent the party they may belong to.
If the parliament members are to represent the party, a proportional representation system may be introduced under which people shall vote for parties and there shall not be individual candidates from and party. The seats shall be distributed in proportion to the votes in favour of the parties. This system may be elaborated. I personally doubt this is the Ser time to introduce a system.
If it is desired that the parliament members should represent the voters in the parliament, their free opinion, freedom of speech and exercise of conscience cannot and should not be abridged by any provision. If the opinion in the parliament should necessarily be of the parties concerned, the wisdom of having so many parliament members may be questioned.
Freedom of Change of Party and Exercise of
Conscience (Repeal of Article 70)
From the apprehension that ruling party may lose loyalty of some of their members in the parliament particularly when its popularity declines, it tries to find a way to force members to remain under its control. The opposition parties also usually fee) safe if they can keep their elected members loyal to the party against the allurement from the ruling party. This mutual suspicion prompted the introduction of this Article 70 which reads: "A person elected as a member of parliament at an election at which he was nominated as a candidate by a political party shall vacate his seat if he resigns from the party or votes in parliament against that party... " This provision virtually holds the party members hostage at the hands of the party boss This provision may clearly abridge the fundamental human rights guaranteed as per Article 39 (1) which reads. "Freedom of thought and conscience is guaranteed." Again, the right of the voters to express their opinion through their elected representative is also betrayed. To any sensible person, this is humiliating also.
Explanations — If a member of parliament...(a) being present in parliament abstains from voting or (b) absents himself from any sitting of parliament, ignoring the direction of the party which nominated him at the election as a candidate not to do so. he shall be deemed to have voted against that party.
(c) If a person, after being elected a member of parliament as an Independent candidate. joins any political party, he shall, for the purpose of this Article, be deemed to have been elected as a nominee of that "party".
This Is also unreasonable in that the party which is given so much power is not subject to regulation by any ¥ revision of the ConstituUon. he secUon (4) allowing independent members to.Join a political party Indicates that
prevention of floor crossing alone by members is not the real motive. Again the matter as to how a member can be expelled from any party is not within the jurisdiction of any specific law. The suggested Involvement of Election Commission and the Speaker in party disputes Is not desirable either Provisions for regulating the party activities can be incorporated.
If we are thinking of par liamentary democracy with such provisions, this is liable to turn into a party dictator ship soon, which shall be more dangerous than common dictatorship.
It would be expected of the members concerned with the amendment of the Constitution to repeal Article 70 all together for the sake of proper representation of diversified views of the people in the parliament.
However, for discipline in the parliament the seats could be conditioned by regular attendance, proper behaviour and so on by modifying the Article.
Limitation of Candidacy to Two Constituencies
(Article 71 (2)
For the sake of reducing the extra expenditure for unnecessary re-election, it may be advisable that the words "two or more" be substituted by "two" in Article 7 (2).
Obligation of and Restraint on the
Members of Parliament
Article 70 may be replaced by different provisions mentioned herein, or they may be put under any other relevant articles (some of these are also in the Constitution of other countries) ;
(1) Any parliament member shall vacate his seat If he ceases to be resident of the constituency he represents and he does not live there at least half of the time when the parliament is not In session every year.
(2) Aft members of par-
liament shall, upon assurrue tian of office, make a full disclosure of their financial and business interest. They shall notify the parliament any potential conflict of Interest that may arise from the filing of a proposed legislation of which they are authors.
(3) No parliament member may hold any other office or employment In the government. or any subdivision.
agency or instrumentality I hereof, including government-owned of controlled corporations or their subsidiaries, during this term without forfeiting his seat.
Neither shall he be appointed to any office which may have been created or the emoluments thereof ‘increased during the term for which he was elected.
(4) No parliament member may personally appear as counsel before any court ofJustice or' before the Electoral Tribunals, or quast-Judicial and other administrative bodies. Neither shall he. directly or indirectly., be interested financially in any contract with. or in any franchise or special privilege granted by the government, or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation. or its subsidiary, during his term of office. He shall not intervene in any matter before any office of the government for his pecuniary benefit or where he may be called upon to act on account of his office.
Tomorrow : Power and Function of the President