Article 70 of the Constitution of Bangladesh is a controversial clause restricting voting freedom in the

Parliament of Bangladesh The Jatiya Sangsad ( bn, জাতীয় সংসদ, lit=National Parliament, translit=Jatiyô Sôngsôd), often referred to simply as the ''Sangsad'' or JS and also known as the House of the Nation, is the supreme legislative body of B ...

, written in the country's constitution.

History

Article 70 was written as a result of the

Bangladesh Constituent Assembly The Constituent Assembly of Bangladesh was the constituent assembly of Bangladesh. It was the country's provisional parliament between 1971 and 1973. In 1972, it drafted and adopted the Constitution of Bangladesh. The assembly was dominated by th ...

(Cessation of Membership) Order 1972, promulgated by President Justice

Abu Sayeed Chowdhury Abu Sayeed Chowdhury (31 January 1921 – 2 August 1987) was a jurist and the President of Bangladesh. Besides that, he held the positions of the Chairmen of the United Nations Commission on Human rights, the vice-chancellor of the University ...

. The president acted on the advice of Prime Minister

Sheikh Mujibur Rahman Sheikh Mujibur Rahman ( bn, শেখ মুজিবুর রহমান; 17 March 1920 – 15 August 1975), often shortened as Sheikh Mujib or Mujib and widely known as Bangabandhu (meaning ''Friend of Bengal''), was a Bengali politi ...

. The prime minister was upset when a lawmaker from his own party, K. M. Obaidur Rahman, raised a question in the

Constituent Assembly of Bangladesh The Constituent Assembly of Bangladesh was the constituent assembly of Bangladesh. It was the country's provisional parliament between 1971 and 1973. In 1972, it drafted and adopted the Constitution of Bangladesh. The assembly was dominated by th ...

, as to why the assembly had no law making powers. Under the interim constitution in 1972, law making powers resided with the executive branch.

Text

The text of the article is given in the following:-

Implications

The article has the effect of preventing free votes and

crossing the floor In parliamentary systems, politicians are said to cross the floor if they formally change their political affiliation to a different political party than which they were initially elected under (as is the case in Canada and the United Kingdom). ...

Members of Parliament A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with bicameral parliaments, this term refers only to members of the lower house since upper house members of ...

. If MPs vote against their party, they automatically lose their seats. As a result of Article 70, Bangladesh's parliament has largely served as a

rubber stamp A rubber stamp is an image or pattern that has been carved, molded, laser engraved or vulcanized onto a sheet of rubber. Rubber stamping, also called stamping, is a craft in which some type of ink made of dye or pigment is applied to rubbe ...

for actions taken by the ruling party or coalition. The parliament has also not been able to hold a

no confidence vote A motion of no confidence, also variously called a vote of no confidence, no-confidence motion, motion of confidence, or vote of confidence, is a statement or vote about whether a person in a position of responsibility like in government or mana ...

to remove a prime minister. The provision is contrary to the norms of

Westminster Westminster is an area of Central London, part of the wider City of Westminster. The area, which extends from the River Thames to Oxford Street, has many visitor attractions and historic landmarks, including the Palace of Westminster, B ...

systems, as in the parliaments of the United Kingdom, India, Pakistan and Australia; as well as other democratic systems, such as in the U.S. Congress and Japanese Diet. Critics argue Article 70 contradicts

fundamental rights Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Susta ...

in the constitution, including

freedom of speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...

and

freedom of conscience Freedom of thought (also called freedom of conscience) is the freedom of an individual to hold or consider a fact, viewpoint, or thought, independent of others' viewpoints. Overview Every person attempts to have a cognitive proficiency ...

. The lack of accountability in parliament gives unchecked powers to the Prime Minister of Bangladesh, who is often accused of

dictatorship A dictatorship is a form of government which is characterized by a leader, or a group of leaders, which holds governmental powers with few to no limitations on them. The leader of a dictatorship is called a dictator. Politics in a dictatorship a ...

. Without the option of a no-confidence motion, the institutional checks and balances on a prime minister's power are significantly limited, as there are few remedies by which a prime minister can be legally dismissed.

Reform

Political scientists, public intellectuals, journalists, civil rights activists and members of parliament have demanded that Article 70 be reformed. While delivering judgements, the Supreme Court of Bangladesh has opined that Article 70 is undemocratic.

References

{{reflist Politics of Bangladesh Constitution of Bangladesh

History

Text

Implications

Reform

See also

References