Caretaker system, judicial independence, and anti-corruption reforms see progress; disagreements remain over PM powers, pluralism, and constitutional oversight
After months of intensive negotiations and 45 high-level meetings with 33 political parties, Bangladesh’s National Consensus Commission has achieved significant breakthroughs on a wide array of governance and institutional reforms. While parties found common ground on pivotal issues such as the caretaker government, judicial independence, and anti-corruption measures, serious disagreements continue to obstruct progress on other constitutional and political reforms—particularly those concerning the powers of the prime minister and the structure of the state.
Among the most notable developments is a broad consensus to reinstate the non-partisan caretaker government system to oversee general elections, a reversal of the constitutional amendment that abolished the system over a decade ago. While the decision marks a key turning point in electoral reform, divisions remain over the formation and tenure of the caretaker government, and specifically, how the chief adviser will be appointed.
Further momentum was achieved on judicial reform, with all parties endorsing a proposal to amend Article 116 of the Constitution—shifting authority over judicial appointments and disciplinary control from the executive branch to the Supreme Court. The creation of a separate Supreme Court Secretariat also received unanimous backing, along with proposals to appoint the Chief Justice from among the senior-most Appellate Division judges and establish a permanent attorney service.
Other widely supported measures include introducing mechanisms to discipline judges for political bias, creating post-retirement conduct codes, enhancing the Appellate Division, regulating presidential clemency powers through a Clemency Board, and ensuring transparency in judicial appointments.
On the anti-corruption front, all parties endorsed granting the Anti-Corruption Commission (ACC) constitutional status, ensuring its transparency, independence, and accountability. Most parties also supported the establishment of an Anti-Corruption Ombudsman to implement a national anti-graft strategy. In a rare display of unity, all parties agreed to enact a conflict-of-interest law, automate public service operations, and criminalise bribery in the private sector, aligning Bangladesh with international norms under the UN Convention Against Corruption.
Efforts to reform the parliamentary system also yielded common ground. A tentative agreement has been reached on establishing a bicameral legislature, including a 100-member upper house, aimed at enhancing regional and minority representation. Parties also agreed to grant the Deputy Speaker’s position to the opposition, irrespective of the final structure of Parliament. However, parties remain divided over how members of the upper house should be elected—whether through proportional representation, regional votes, or indirect selection by local bodies.
Perhaps the most contentious proposals revolve around curbing the powers of the prime minister. A key point of discord is a proposal that would bar any individual from simultaneously holding the positions of Prime Minister, Party Chief, and Leader of the House. Additional proposals to impose term limits, cap the number of offices held, and alter the presidential election process have also split opinion.
Another fault line lies in the proposed creation of a National Constitutional Council to oversee key appointments and legal standards. While the idea has gained traction, parties strongly disagree on the composition and authority of such a body.
While there was near-universal support for reaffirming equality, human dignity, social justice, and democracy as state principles, the proposal to include pluralism as a fundamental constitutional value failed to reach consensus.
