Jamaat MPs urge Speaker to scrap plan for reserved-seat constituency oversight

Sixty-seven elected MPs of the Bangladesh Jamaat-e-Islami have urged the Speaker of the Jatiya Sangsad to withdraw a proposal to give responsibility to those elected to the women’s reserved seats of overseeing and coordinating development activities in the constituencies of directly-elected lawmakers.

In a letter sent on August 23, the MPs said the proposal lacks a constitutional or legal basis and could create “dual governance” within constituencies.

The letter, along with the signatures of the MPs, was posted by Shishir Manir, lawyer and Jamaat-e-Islami central executive council member Shishir Manir, on his verified Facebook page.

It comes against the backdrop of the BNP-government’s supposed proposed amendment to the Jatiya Sangsad (Reserved Women Seats) Election Act, granting the reserved seat holders the new responsibilities.

The Jamaat MPs cited Article 65 of the Constitution, which provides for 300 MPs to be directly elected from territorial constituencies, while 50 reserved women MPs are elected through proportional representation.

Citing Article 121, it said there can be one electoral roll for each constituency, adding that Article 124 vested the power to make laws on all matters related to parliamentary election, including the delimitation of constituencies, to the Parliament and not the executive branch.

It further pointed out that although executive power was vested on the Prime Minister and Council of Ministers, it was “subject to provisions of the Constitution.

Citing the Supreme Court’s ruling in Farida Akhter and Others vs Bangladesh, which held that reserved-seat MPs have no specific territorial constituencies or role in constituency delimitation, it said the 300 members of the general constituency represented a specific geographical area, while it was completely different for the members of the reserved constituency.

“Members elected to reserved seats have no relationship with any specific geographical constituency or delimitation,” the MPs said, arguing that giving them constituency-level responsibilities would conflict with the ruling.

Jamaat further said neither the Constitution nor existing law gives reserved-seat MPs authority to supervise or coordinate development activities in the constituencies of directly elected MPs.

The proposal could create “diarchy” and undermine the constitutional principle of effective participation through elected representatives, the lawmakers argued, citing Articles 11 and 7 of the Constitution and the Supreme Court’s decision in Kudrat-E-Elahi Panir v Bangladesh.

The letter also referred to parliamentary systems in India, Pakistan, Tanzania, Uganda, Kenya, New Zealand and Rwanda, arguing that none grants reserved-seat legislators authority to oversee directly-elected representatives in their constituencies.

The Jamaat MPs urged the Speaker to withdraw the proposed arrangement and amendment, saying it would protect the rule of law, accountability and representative democracy.

On June 10, Prime Minister and Leader of the House Tarique Rahman said that women lawmakers elected to the reserved seats also have the right to work for the development of their respective areas.

Responding to a supplementary question from Jamaat-e-Islami lawmaker Mir Ahmad Bin Quasem of Dhaka-14, who raised the issue of ruling party women MPs elected from reserved seats being given oversight responsibilities of constituencies represented by opposition MPs, he said, “According to the Constitution and existing laws, they do not have specific constituencies. You and I have designated constituencies, but they do not.”

Tarique, who is also the chairman of the ruling BNP, added, “Therefore, based on our political and organisational structure, we have designated certain areas where they can work from the party’s position.”

He said as the Parliament had elected the female leaders as Members of Parliament, they also had the same right to work for the people of their respective areas.

“Naturally, we are proceeding in accordance with the existing government rules,” he added.

According to sources, no MP from the reserved seats was given the responsibility of any of the BNP MPs.

Furthermore, it was informed in a meeting of the BNP parliamentary party on June 6 that BNP women MPs will be given DO letters or semi-official letters for the areas to supervise the development of the constituencies of opposition party MPs.

Some may get more than one seat, it was said.

Meanwhile, although none of the National Citizen Party’s MPs had signed Jamaat’s letter, or issued one of their own, when the matter came to light two months ago, NCP convener Nahid Islam expressed anger over the decision.

Speaking to Samakal on June 6, he said the government was suppressing the opposition parties everywhere, and the new move was a continuation of that.

Nahid also said this would create unnecessary conflicts in the constituency.