The Constitutional Reform Commission was established by the Yunus ministry on September 2024 with a purpose to prepare a report on the reasons behind the past constitutional failures and to create a roadmap for holding a constituent assembly election to draft and adopt a new, inclusive, democratic constitution, ensuring the inviolability of human dignity.[1] [2] [3] [4] [5] The commission was formed in the aftermath of a constitutional crisis triggered by the July revolution that culminated in the ousting of Sheikh Hasina on 5 August 2024.
See main article: Student–People's uprising.
See also: 2024 Bangladesh constitutional crisis. The commission was formed following the ouster of the previous Awami League government, led by Sheikh Hasina, during the Student–People's uprising (a.k.a. July Revolution), which forced her to flee secretly to India on 5 August 2024. This paved the way for the formation of an interim government under Nobel laureate Muhammad Yunus, who was appointed as Chief Adviser. Yunus' government aimed to initiate reforms across multiple sectors concerning corruption, electoral fraud, and authoritarianism. Prominent intellectual like Farhad Mazhar said that the country was going through a "constitutional vacuum" as the there is no provision for any kind of interim government in the current constitution.[6]
The formation of the constitutional reform commission was part of a broader agenda to implement systematic changes across Bangladesh's core institutions, such as the judiciary, public administration, electoral processes, and the Anti-Corruption Commission. The interim government's reform efforts were influenced by the mass uprising, which brought national attention to issues of systemic corruption and democratic backsliding.
The constitutional reform commission was announced on 11 September 2024, along with five other commissions. In his public address, Chief Adviser Yunus emphasized that reforming the constitutional and electoral frameworks was essential to halting the recurring cycles of political violence and authoritarianism that had plagued Bangladesh. He also stressed that the reform process would ensure public ownership of the state and uphold the principles of accountability and welfare.
Additionally, the commission was tasked with reviewing existing laws related to political party registration, campaign finance, and voter rights.
Initially, the commission was to be led by lawyer Shahdeen Malik. However, shortly after its formation, the government announced that Malik would be replaced by Ali Riaz, a professor of political science at Illinois State University.[7] Riaz, known for his expertise in South Asian politics, was entrusted with leading the commission's activities. His appointment was seen as an effort to bring an international perspective to the reform process, though it also underscored the delicate political environment within the interim government.
Before being appointed as the head of the commission, Riaz actively advocated for redrafting a new constitution. In a conference organized by the Centre for Governance Studies, Riaz said:[8]
On 7 October 2024, the government announced names of the nine members of the commission, which is listed below:[9] [10] [11] [12] [13]
| Position | Name | Background |
|---|---|---|
| Head of the commission | Ali Riaz | Political scientist and writer |
| Member | Sumaiya Khair | Professor, Department of Law, University of Dhaka |
| Imran Siddiq | Barrister and advocate at the Supreme Court | |
| Muhammad Ekramul Haque | Professor, Department of Law, University of Dhaka | |
| Sharif Bhuyan | Advocate at the Supreme Court | |
| M Moyeen Alam Firozee | Barrister and advocate at the Supreme Court | |
| Firoz Ahmed | Writer | |
| Mostain Billah | Writer and human rights activist | |
| Mahfuz Alam | Liaison committee coordinator of the Anti-discrimination Students Movement and special assistant to the Chief Adviser |
The formation of the commission was widely seen as a positive step toward addressing the long-standing governance issues in Bangladesh. Civil society groups, political analysts, and international observers expressed optimism about the commission's potential to bring meaningful change.
Several organizations and political parties, including the Rastro Sangskar Andolon and the Gonoparishad Andolon, have long campaigned to convene a constituent assembly for the reform or drafting of a new constitution.[14] [15] One of the founding objective of the Jatiya Nagorik Committee is to help the government to convene a constituent assembly.[16]
The commission has been criticized for not having enough Millennial and Gen Z representation because 65% of Bangladesh's population is aged under 35.[17] Umran Chowdhury said:[18] According to legal historian Cynthia Farid:[19]
Writing in The Daily Star, Zia Haider Rahman and Manzoor Hasan said that the government should adopt an hourglass model for drafting a new constitution that starts with "broad public and civil society input, narrows to a deliberating and drafting body, and then re-engages the public through a constitutional assembly, referendum, or both, followed by ratification". They also emphasized that public engagement must be substantive, not superficial.[20]
An article in the Dhaka Tribune by Umran Chowdhury said:[21] [22]
Chowdhury identified three pathways to reform the constitution:[23]
Farhad Mazhar said:[24]
Former Comptroller and Auditor General Mohammad Muslim Chowdhury said:[25]
On 4 August 2024, a day before the ouster of Sheikh Hasina, Anu Muhammad, on behalf of the University Teachers' Network of Bangladesh, proposed convening a constituent assembly for drafting a new constitution.[26]
Separately, Rifat Hasan argued in several September and October events that, the current constitution has lost its ethical authority to its citizens, particularly in the aftermath of the uprising, making it necessary to adopt a new one.[27] [28] [29] He has suggested forming an all-party "guardian council" to ensure broad participation in the drafting and adopting process. According to his suggestion, this council would draft the constitution and, after approval, present it for adoption via a referendum.[30] [31] Hasan also highlighted that the new constitution should be viewed as a political instrument representing the people's sovereign will, rather than a sacred text, and should establish a clear social contract to define the state's foundation.
Umran Chowdhury argued:[32]
Sara Hossain noted that creating a new constitution would be far more challenging than amending the existing one, but supported fundamental rights like freedom of speech and freedom of expression to criticise the constitution.[33]