Suranjit Sen Gupta wants a return to a presidential form of government. Asif bhai at Dhakashohor (who’s not in Dhaka shohor and is missing it terribly, it seems) calls it a choice between Coke and Pepsi.
Instead he seems content to transfer us from a Prime Ministerial dictatorship into a Presidential one without a hint of “checks and balances”.
Well said, Asif bhai. I was actually talking about this earlier with my brother (who’s also, coincidentally known as Asif). We’re already in a system where power resides in the hands of a strong executive without any legislative oversight. To call ours a Westminster-style democracy turned dictatorship is incorrect. The whole concept of a Westminster-style democracy is negated by Article 70. This is of course not an original observation. Article 70 has been criticized multiple times by a number of people. But I think it’s necessary to keep bringing it up. We must not forget that a democratic system is inoperable as long as Article 70 is in play. It needs to be on top of any credible reform proposal, higher than internal party democracy. Higher even than corruption, which really is a symptom of systemic gaps.
For the last 15 years we’ve lived in a presidential form of government in anything but name. Institutionally, the office of the prime minister and not the parliament decided how the country would be run. Given what the institutional framework of our country is - we could have called our system a presidential system, had the presidential elections using an electoral college system, and come out with the same sorry 15-year political farce/tragedy that we’ve lived through. Only the names would have been different. It would have been like my taking up the temporary pen name of Talwar instead of Shamshir for the period between January and June.
So may be the choice that Suranjit Sen Gupta places is not between Coke and Pepsi (I can tell a difference) but between Coke in a dark red can and Coke in a light red can.
I do welcome Tofael Ahmed, Abdur Razzak and Suranjit Sen Gupta calling for constitutional amendments. All of the talk - both from the political leadership in the parties and the SOE government - has had a distinctly short term hue. While they may improve matters in the short-term, the real problems are more fundamental. They have to do with how we conceive of the means and goals of government.
I was too young to remember how extensive the discussions were around the 91 referendum. My sense is that the debate about what the system of government should be back then was pretty shallow. In fact, it seems that our constitutional debates have always been rather shallow. I would welcome readers to correct me if I am wrong, and educate me.

14 comments
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July 5, 2007 at 5:42 am
AsifY
Saif/Shamsir bhai,
Thank you for your kind words! Yes, I do miss Dhaka, although this isn’t the most “terrible” bout ever. I highly encourage everyone who reads this to visit that link and respond to my question.
Article 70 …. ahhhh, what more can I say? In Bangladesh, we do not believe in persuasion but in force. We do not trust our fellow beings to comply out of their will, but have to keep coercive mechanisms ever-ready. From religious to student to parliamentary politics, this is the ultimate “law”. I’ve written already about that and how it relates to the sudden inflow of “contributions” rather than extortions.
Having said that, let me say this too: do we trust our parliamentarians to not be “bought” individually by powerful interest groups in the (unlikely) event that A70 is repealed? Yes, they are being bought collectively already. Which one do you think will be harder?
July 5, 2007 at 5:45 am
AsifY
PS. It was either between Coke and Pepsi or the Olsen twins (and yes, there are differences between both pairs). I chose the one more familiar to Bangladeshis if not my mostly expatriate audience.
July 5, 2007 at 9:46 am
Anthony
1. Article 70 has a historical background. In the pre-Ayub Pakistan, parliamentary majorities changed very rapidly. Under the 1956 constitution, Pakistan had four PMs in 30 months. In the East, AL’s Ataur Rahman Khan formed 3 ministries. It was similar in the West.
During the end days of Ayub’s rule, in the negotiations between the army and politicians (including Sheikh Mujib but excluding Bhutto), this parliamentary horse-trading came up as a reason against the parliamentary form of government (which was one thing politicians of both wings agreed on). To negate that criticism, politicians proposed the idea behind the Article 70.
The draft constitutions presented by AL to the army during March 1971 talks included a similar clause, and it wasn’t considered an issue during the framing of the 1972 constitution.
2. Ashraful has just scored a century.
3. There is a simple solution to the horse-trading problem: one cannot run for a party unless (s)he has been a member for a fixed period of time. This is among the reforms proposed by the EC. If this is adopted, the incentive to change side for money is reduced as the person will not be able to contest the next election under a party ticket.
July 5, 2007 at 4:28 pm
AsifY
Anthony,
You’re fast becoming the “resident” expert on reforms in the Bangladeshi blogosphere! I had no idea that A 70 had such a long history. And yes, with that piece of legislation, the horse-trading problem will disappear, but what are the regulations on ejecting a party member from the party? If the constitutional act is repealed but intra-party laws still stipulate “vote or die” will there be really any change?
It says a lot that nowadays I’m getting my cricket news from addafication. We still lost didn’t we?
July 5, 2007 at 4:41 pm
Saif
Yep. We lost. But at least there was bit of a fight back.
I’m going to respond in detail on the A70 issue some time in the next few days.
Thanks Anthony bhai, btw, on the historical background. Any suggestions for things to read on Bangladeshi and Pakistani constitutional history?
July 5, 2007 at 8:43 pm
AsifY
http://dhakashohor.blogspot.com/2007/07/more-pepsi-please.html (sorry, no trackbacks in blogger)
July 6, 2007 at 5:53 am
Anonymous
Constitutional history: Dilara Chowdhury has written a book on Bangladesh’s constitution. For the early years of Pakistan (and later years of Raj), I’d suggest Yunus Samad’s ‘A nation in turmoil’. These are more academic writing than polemics or memoir. For the latter types, try Moudud Ahmed’s ‘Constitutional quest for autonomy’ from a pro=Bangladesh perspective and GW Chowdhury’s ‘Last days of united Pakistan’ from the other side’s version. Moudud’s anecdotes should always be taken with a grain of salt. Speaking of Moudud’s anecdotes, I’m waiting for his next book covering the past 16 years. You should also read Abul Mansur Ahmed and Ataur Rahman Khan’s memoirs.
MP’s freedom: I’m not sure if it’s a good idea to force parties to allow dissenting vote. Parties should have their freedom to organise according to their ideology. Think about it this way, if a popular MP votes against the party line on a genuine issue, they can seek re-election as an independent. In the West, outside US, most parties of the left have internal rules against floor-crossing on key policy measures (a remnant of Leninist democratic centralism). We need to get rid of Article 70 because we don’t want MPs to be auctioned. We can stop this with the party nomination rule. Anything beyond I think is going too far.
July 6, 2007 at 6:53 am
AsifY
Anthony, (i’m assuming you’re anonymous above, if not my apologies beforehand to anonymous)
I couldn’t read through GWC’s book, and I really did give it a good try. Any academic who uses the word “stupid” is a bit too much. Of course it didn’t help that he used it for Mujib ….. Thank you very much for the other ones though. I think I will avoid Moudud for a bit…
As for seeking election as an independent, was it you or someone else who said that Party affiliations signal information the way brands do? If that’s the case, do you think independents have a chance? It’s not like we have C-span back home where the home constituency can know the details of every key vote. I’d really appreciate your thoughts on this.
July 6, 2007 at 7:14 am
Saif
Thanks for the information, anon. Been meaning to set aside a fair amount of time next semester reading up on South Asian constitutional history. These are good places to start.
As for buying politicians and A70 - I think arguments for A70 take an awfully static view of process. Sure, the internal control mechanisms that parties have developed makes sense for the stability of the system, and parties would develop disciplinary/control mechanisms inevitably. I just don’t think it should be enshrined in the constitution or in election laws. Sort of defeats the purpose of having a representative democracy.
Asif bhai, you raise an interesting point about parties affiliations signalling information. Do elaborate. I think it would be an interesting blog post to read this weekend over at Dhaka Shohor. (Nudge, nudge, wink, wink)
July 6, 2007 at 7:15 am
Saif
Oh, more on the A70 questions in a post some time on Sunday, I promise, as soon as I get back from my day-trip to DC to see my best friends from high school for the first time in years!
July 6, 2007 at 8:06 am
Anthony
Mystery solved, different machines. So yes, I’m the 5.53am Anon.
July 6, 2007 at 9:04 am
Anthony
Party affiliations do have signalling effects. So what kind of politician would want to defy the party and risk not being able to use the party brand? Only those who are either popular in their own right, or those who feel strongly enough about the issue.
Now independents do win in Bangladesh. Kader Siddiqui won as an (effectively) independent candidate in 2001. But if a candidate is not strong enough to run without the party’s brand, then doesn’t the candidate owe it to the party to follow the leadership?
I’m not against repealing Article 70. I used to be sceptic about it given the history, but discussions in last 6 months have convinced me that it can and should be removed. If there is a party-jumping clause, then removing Article 70 is not going to lead to MP auction. But I don’t think there is any need to impose party rules. Party ideology matters, and if that means some degree of central control, that’s for the partymembers to decide. If general people think that a party is too rigid, then they can always vote that party out.
July 6, 2007 at 12:11 pm
fugstar
wasnt it rather a proposal for two cans of coke instead of one?
October 6, 2007 at 5:32 am
Mukti
[...] by the reformists’ bona fide or the effectiveness of their proposals (example, here, here and here). And then there is also the very important fact that any such rebalancing of the executive powers [...]