BNP agrees to partial independence for MPs under Article 70 of Constitution

The Bangladesh Nationalist Party (BNP) has proposed a partial change to Article 70 of the Constitution in a meeting with the National Consensus Commission.

It said the members of parliament should be allowed to vote against their party on any issue except the Money Bill, constitution amendment bill, vote of confidence and state security bill.

BNP Standing Committee member Salahuddin Ahmed came up with the statements while speaking to journalists following the second-day meeting with the Consensus Commission on the reform issue on Sunday.

"We have heard that almost everyone agrees on the trust and money bills in case of MPs in Article 70 of the Constitution."

"In the interest of running the state and ensuring the stability of the government, we have mentioned four issues - the Money Bill, the constitution amendment bill, the vote of confidence and the question of state security; except for these, members of parliament will be able to freely express their opinions and vote. They will not lose their seats for that."

The MPs cannot vote against their party under Article 70 of the current Constitution.

It reads that an individual elected as a member of parliament at an election at which they were nominated as a candidate by a political party shall vacate their seat if they – resign from that party or vote against that party.

Political analysts say the practice of democracy is being disrupted in the parliament itself due to the provision. Therefore, many organisations have been demanding the complete abolition of Article 70.

BNP VOTES FOR 100 WOMEN’S RESERVED SEATS

Salahuddin said, "We agree with the recommendation to increase the number of reserved seats for women from 50 to 100 but they will be nominated in the existing system.

"However, we have said that after forming the next parliament... when 300 seats will be directly elected and the parliament will make it (the extension of women’s seats) 100 with the existing 50 and 50 more following the amendment, the 400-member parliament will discuss the issues in detail and decide how the election of women’s seats will be held in its next parliament. We believe the existing system is the right one for the present."

Salahuddin said the BNP had disagreed with the proposal to raise the minimum age for contesting elections to 21.

He said, "There is a proposal to elect heads of all (parliamentary) standing committees from the opposition. We said it should be left to parliamentary practice and the parliament.

"However, we have agreed that for the post of chairman of some standing committees, such as the Committee on Public Undertakings and Public Accounts, the chairpersons can be elected from the opposition."

PARLIAMENT LEADER AND PARTY CHIEF NOT SAME?

The BNP disagrees with the commission's proposal that the leader of parliament and the party chief cannot be the same person, Salahuddin said.

"We want to keep it open as the choice is linked to the political party and the majority party of the parliament. Because the leader of the majority party and the leader of the parliamentary party are different things.

"And the head of the party cannot be the prime minister - we don't see this practice. If we look at the Westminster system of government, the current practice in Britain is that the party chief becomes the prime minister."

The BNP leader said, "This is a democratic exercise and there is no problem in it. The parliament that will be elected in a fair election, we have to remember whom the people want as they hold the sovereign power. So it should depend on the will of the parliament members and the majority party."

The BNP agreed with the commission's proposal to limit the number of seats in the upper house of parliament to 100, he added.

About the election of the upper house, who will take over and whether it will come in a proportional voting system, the BNP said that it would be better if the amendment of the two-chamber parliament is greenlit in parliament first, and if the two-chamber is formed, then it would be better to discuss the election system in parliament later. "

WILL THE PRESIDENTIAL TERM RISE?

Salahuddin said, “We have agreed on some issues tied to the law that empowers the president and method for presidential elections. They can be implemented by parliament by enacting new laws.

“In that case, check and balance and more empowerment of the president will be ensured."

He, however, said the BNP opposes the formation of the “National Constitution Council”, saying it is a new concept in Bangladesh's political or parliamentary culture, where the president, the prime minister, the speaker of both houses, the chief justice and some others are talked about.

“We oppose this as the body is likely to make all the important appointments in the state - such as all the commissions, chiefs of three armed forces, the PSC, the ACC and other constitutional posts.

“We believe that it will limit the executive function of the state and make it difficult for the executive or the prime minister to run the state. On top of that, they will be responsible to the people and the parliament as an elected representative but they are not given much power."

Salahuddin said the BNP was in favour of keeping the tenure of the president, prime minister and parliament for five years.

"We have said that an individual cannot be a prime minister for more than two terms in a row. This means that if there is a gap after two times and the people elect that party again and if that party gets a majority and decides, then the same person can become the prime minister."

"But the point is, why do you assume that the same leader will be there again and again? We just want to keep the option here."

WHY CARETAKER GOVERNMENT?

The caretaker government is not elected by the people, but the BNP eyes to hand over the responsibility to the unelected government for 90 days for the sake of necessity to hold the parliamentary election, Salahuddin said.

"This is the doctrine of necessity. In our political history and culture, we have seen that without a caretaker government, we cannot hold free and fair elections.

"As long as we can't develop that culture, we should keep the caretaker provision for fair elections. We have been fighting for this election for 15 years."

The BNP delegation held a meeting with the Consensus Commission at the LD Hall of the National Parliament building early on Sunday.

The 5-strong delegation, led by Salahuddin, included BNP Standing Committee member Nazrul Islam Khan, chairperson's advisory council member Ismail Zabihullah, Supreme Court lawyer Ruhul Quddus Kazal and former secretary Abu Md Moniruzzaman Khan.