Unity for durable democratic reform

The interim government's initiative to launch a comprehensive reform process through the National Consensus Commission (NCC) is a response to the growing public demand for structural change and democratic renewal. It is encouraging that political parties, through NCC-hosted discussions, are beginning to rise above partisan divides and find common ground on key reforms vital for building durable democracy. A tangible result of this emerging consensus is the recent agreement among major political parties to curb the misuse of presidential clemency and decentralise the judiciary, two contentious constitutional issues that have long fuelled public distrust and centralised power. This development, revealed by NCC vice-chairman Professor Ali Riaz, follows discussions with representatives from 30 political parties and marks a collective step towards institutional accountability and judicial accessibility.  

Under the current Article 49 of the constitution, the president holds unchecked authority to pardon, suspend or commute any court sentence. In practice, this authority has often been misued for political ends including the controversial pardoning of individuals convicted of serious crimes. The proposed amendment would retain the president's clemency power but make it subject to clear legal criteria and procedures. This change would bring Bangladesh in line with global norms that limit executive discretion and promote accountability. Similarly, decentralising the judiciary by establishing permanent High Court benches addresses a critical bottleneck in the legal system. The justice system is now struggling with a massive backlog of several million cases, causing trials to take an average of five to ten years. Compounding the issue, centralisation of higher judiciary functions in Dhaka places an undue burden on citizens living in remote districts. Amending Article 100 to establish permanent High Court benches in each division would ease this burden. It would improve access to justice and help close the longstanding gap between the judiciary and ordinary citizens. 

The significance of these consensus-based steps must be understood within the context of broader reform agenda enabled by the mass uprising of July 2024. That uprising, and the sacrifices made during it, made clear that the people of Bangladesh no longer accept a political order where power is concentrated, unaccountable and shielded from public scrutiny. In conversations, public forums and national dialogues, a collective demand for democratic transformation emerged. The NCC is now engaging with political parties to channel these aspirations into concrete reforms. Alongside clemency and judicial structure, the NCC discussions have led to tentative agreements on other key issues including the caretaker government system, term limits for the Prime Minister and the creation of a second chamber in the legislature. However, disagreements persist on other matters including the structure of the upper house and appointments to constitutional bodies.

In a multiparty democracy, ideological and policy differences are natural. Democracy does not demand uniformity, but it does require that all actors move forward together. At the same time, it is essential to ensure the current negotiations do not unravel over divisive side issues. This July offers both a symbolic and practical opportunity to finalise what many hope will become the July Charter. Such a charter would not only honour the martyrs of the 2024 uprising but also reaffirm a shared commitment to a just and inclusive democratic state. The recent consensus on presidential clemency and judicial decentralisation proves that differences can be bridged through dialogue and compromise. Political parties must now resist the lure of short-term advantage and build on this progress by finalising concrete legislative proposals. Any delay, indecision or retreat would risk undermining this historic opportunity to secure a democratic future.