A bicameral legislature is a type of legislative system consisting of two separate chambers, where one chamber is considered the 'upper house' and the other the 'lower house.' In such a system, a balance of power or 'checks and balances' is ensured during lawmaking. Typically, in a bicameral legislature, members of the lower house are elected by the people and have the power to make laws, but those laws require approval from the upper house to be enacted. This way, if a bicameral legislature is in place, the representatives of the people (lower house) cannot create and implement laws solely for their own interests or authoritarian purposes.
The introduction of a bicameral legislature in Bangladesh is somewhat complex because, since its inception, it has been a unicameral state where the central government is elected by the people and forms a parliament that operates under a unicameral system. However, converting a unicameral state to a bicameral legislature is not impossible, as recently, in 2015, Nepal—a small country—introduced a bicameral legislature to decentralize central power and ensure greater representation for various regions and communities. Our history has repeatedly shown that whenever the central government has been elected by the people, they have committed injustices. Additionally, various political parties, including the Awami League, have manipulated and reconstructed our constitution for their own interests, and in recent times, the ruling party has expanded authoritarianism. Some might argue that because Bangladesh is a geographically small country, the introduction of a bicameral legislature is not feasible. However, my counterargument is that even in a small country like England, there is a bicameral legislature, and it operates quite smoothly. By introducing a bicameral legislature, it will be possible to better formulate laws, as bills will have more opportunities to be debated in detail. In a unicameral legislature, bills may pass in favor of the ruling party without any significant debate. Furthermore, with a balance of power between two chambers, it will be difficult for the executive branch to influence both chambers simultaneously, which is crucial. The second chamber in a bicameral legislature will help reduce the workload of the lower house, as major budget bills or proposals will be discussed in both chambers, preventing the hasty passage of bills, which can happen in a unicameral system. Additionally, the bicameral legislature will better reflect public opinion, and with the delay in passing bills between the two chambers, there will be more opportunities for debate. Finally, the bicameral legislature will create an environment where politically and administratively experienced individuals can play a significant role in lawmaking.
Transforming a country like Bangladesh, which operates under a unicameral legislature, into a bicameral legislature would require constitutional, political, and legal reforms. Therefore, a roadmap for this reform is proposed here:
**Constitutional Amendment**: Article 65 of the Constitution of Bangladesh establishes the structure of the unicameral 'Jatiya Sangsad' (National Parliament). To introduce a second chamber, this article and related provisions need to be amended. However, to amend any article of the Constitution of Bangladesh, a two-thirds majority in the National Parliament is required. This means that broad political support and public opinion are necessary for this amendment, without which it is almost impossible.
**Design of the Second Chamber (Upper House)**: The structure, powers, and functions of the second chamber need to be designed in such a way that it works in the broader interest of the country and its people, rather than supporting past authoritarian practices. Initially, three designs can be proposed for the upper house:
i) **Directly elected** (like the Senate in the United States);
ii) **Appointed** (like the House of Lords in the United Kingdom);
iii) **Indirectly elected** (members elected by the parliament, like in India, where members of the Lok Sabha (lower house) elect members of the Rajya Sabha (upper house)). In my opinion, the most effective system for the upper house is the appointment system of the United Kingdom's House of Lords, where to become a member, one must hold 'peerage/aristocracy,' which ensures the highest standard of integrity. The types of peerage that can be introduced in Bangladesh's bicameral legislature include:
- Former Prime Ministers, Ministers, Members of Parliament
- Prime Ministers can be recommended as an 'honorary resignation' upon stepping down
- Religious leaders/scholars from various regions of the country
- Bankers, former governors, economists, human rights activists, and civil society leaders such as Dr. Muhammad Yunus could be included in the upper house.
**Why Peerage System and not directly/indirectly elected members like the US or India?** In my view, Bangladesh is a developing country, and in recent years, its economy has steadily grown. However, a problem of 'corruption' still exists in the system. This corruption has grown because many uneducated and greedy politicians have come to power and used public resources for their own benefit rather than for public interest. However, when we appoint members of peerage/aristocracy like Dr. Muhammad Yunus, who has demonstrated zero tolerance for greed or corruption, they will be able to question the transparency of important bills/motions proposed by the people's elected representatives in the lower house. My suggestion is that since Bangladesh is made up of 8 divisions and is a small country, there should be 9 members in the upper house, with 8 representing their respective divisions and the 9th acting as the controller of the entire chamber.
I have described some of the benefits that could help Bangladesh's development in the long term, but there are two challenges to implementing this system. One is the **cost**, as running a bicameral legislature is more expensive, requiring additional salaries, staff, and infrastructure, which I believe Bangladesh's intellectuals will be able to make more cost-effective. The other challenge is the **complexity**, as a bicameral legislature can slow down the legislative process and create deadlock if there is disagreement between the two chambers. However, learning from the successful bicameral systems of the United States and the United Kingdom, Bangladesh can create a strong and balanced bicameral legislature. This will increase regional representation, improve legislative oversight, and ensure a balance of power, allowing for various opinions and interests to be reflected in the national governance system, such as the recent movements like the 'Anti-Discrimination Student Movement.' A clear constitutional amendment, widespread consensus among the people and political parties, and specific rules for the election, composition, and powers of the upper house are essential for this change to succeed. You may disagree with my views or have different opinions, but I believe there is no better remedy to fix this corrupted system.
Writer Sezan Ahmed, an LLB graduate from Leeds Beckett University, is now a paralegal at Cambridge-based Hayes and Storr Solicitors.
BDST: 1810 HRS, SEPT 10, 2024
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