The continued talk with political parties by the National Consensus Commission has inspired a modicum of hope for Bangladesh’s democratic future. The common understanding that participants have reached, covering a wide range from major opposition groups like the Bangladesh Nationalist Party (BNP), Jamaat-e-Islami, CPB, Gana Sanghati Andolon and the others, that the declaration of an emergency rule should never be used for any political mileage is a fact to which one can only say: better late than never. This common acceptance is a creation of increasing political maturity and an inchoate willingness to let national interest overtake partisan advantage.
At the core of this consensus is the acceptance -which is hard to come by these days, let’s admit — that Article 141 (a), (b), (c) of the Constitution that deals with declaration of an emergency, is in desperate need of a relook. This provision has remained a loophole for decades and has been neglected by government to quash opposition, curtail basic freedoms and to function above democratic scrutiny for some time. The political consensus that drafted, revised and updated this constitutional provision is far more than a simple legal reform — it is a guarantee of democratic principles and civil rights in freedom and in times of national tribulation.
Professor Ali Riaz, Vice-Chairman of the Commission, emphasised that these were major reforms under serious deliberation and revised proposal is awaiting its consideration. This kind of deliberative, inclusive process is crucial. States of emergency should be narrowly stipulated, under parliamentary oversight and time-limited on the ground to preclude arbitrary extension. That the debate for the future should be framed around putting in place strong checks and balances, to make sure that such powers can’t be taken advantage of to be used one day as a weapon against political opponents or ordinary people brought into the dragnet.
The National Consensus Commission's political
consensus offer is indeed a golden
opportunity for Bangladesh to
protect its democracy as well
as ensure greater justice
Equally important is the consensus on the phased expansion of lower courts at the upazila level — a structural improvement for its justice delivery system that Bangladesh should have had ages ago. Justice is also uneven throughout the country, rural areas frequently experience delays, high costs and a scarcity of legal resources. By putting the focus on proportion of population along with the geography and the conditions of the differences in transportation and the volume of cases, this can improve the efficiency and fairness of the judicial system to a large extent.
But infrastructure development can’t proceed without investment in human resources, digitisation and public legal awareness, all woven together to make justice not just available, but also fundamentally accessible.
The most notable thing about these developments is the process itself — a rare case of ideologically diverse politicians engaging positively with an actual political issue. In a political environment that seems marked so often by opposition and polarisation, that spirit of cooperation is both refreshing and vital. But consensus is not the only thing. The challenge is now to turn these agreements into legislation, action on the ground and institutional change.
The National Consensus Commission's political consensus offer is indeed a golden opportunity for Bangladesh to protect its democracy as well as ensure greater justice. It must not be squandered. With ongoing conversation and hard legislative work and citizen involvement, Bangladesh can now move decisively towards a more accountable, responsive and democratic future.
