The New Nation - Internet Edition

Justice Mohammad Gholam Rabbani

The title of this article would have surprised the readers if it was written soon after when the members of our first Parliament adopted, enacted and gave us the Constitution of Bangladesh. But today none but the vocational politicians would agree with this title and the only reason is that the vocational politicians are the major beneficiaries of this system. The people or, more properly speaking, the voters, are helpless, inasmuch as they are forced to choose either of the candidates nominated by the two major political parties or their alliances. A committee of only a few members of that party selects the candidates in the election for the members of Parliament and those members do not seek opinions of the local voters or even of their local party members during the selections and there are instances of purchasing nominations by the rich candidates. In other countries there are major parties who have a very long history of democratic process and struggle as well as their continuation.

Unfortunately, Bangladesh could not proceed with that normal course, though it got the chance once. JM Roberts in his book, History of the World (Penguin Books 1976) concluded by these sentences, "Only two general truths emerge from the study of history.

One is that things tend to change much more, and more quickly, than one might think. The other is, that they change much less, and much more slowly, than one might think. Both truths tend to be exemplified by any specific historical situation. For good or ill, we shall always find what happens somewhat surprising." On 6 November, 1975 Justice Sayem addressed the nation saying: "Martial Law is still in force in the country.

I have assumed responsibility as the head of a neutral and non-partisan interim government. Our prime objective is to bring the country back to normalcy and to establish a democratic government through a free and fair general election in the shortest possible time. We are determined to accomplish this task by the month of February, 1977 and, if possible, even earlier." Had that election been held, we would have got the members of the Parliament among the parties who participated in the War of liberation and then parliamentary responsibility would have helped in forming political parties numbering one, two or more but all true to the spirit of the Constitution of 1972. But that process was obstructed as Justice Sayem disclosed in his book 'At Banga Bhaban: Last phase': "On the 21st day of April, 1977 some senior civilian members of the Council of Advisers, headed by the Special Assistant, approached me with a request to relinquish the Office of Presidenttt..Before relinquishing the Office of President, I told Zia that since I would not hold the elections, I would request him to hold it. He assured me that he would hold the election. This made me happy. I could not, however, think then of his own participation in them." So, the normal and historical process of evolution of parties and of parliamentarism was throttled disobeying Article 21 of the Constitution which directs, "Every person in the service of the Republic has a duty to strive at all times to serve the people." The result is that now the parliamentary system has come to a dead end or, in other words, political practice under party system in Bangladesh now discards morality as its sole purpose has become acute lust for power.

The question, therefore, will be, is direct democracy possible to tame the parliamentary system? The answer is to be found in Articles 59 and 60 of the Constitution of Bangladesh. Article 59 says local government in every administrative unit of the Republic shall be entrusted to elected bodies and they will perform functions relating to (a) administration and the world of public officers, (b) the maintenance of public order, and (c) the preparation and implementation of plans relating to public services and economic development. Article 60 says that the local bodies shall have power to impose taxes, to prepare their budgets and to maintain funds. The declaration in Article 7 of the Constitution, "All powers in the Republic belong to the people' will be then a reality and cease to be an abstract idea, it will be felt and enjoyed in the daily life of the individual man and woman who will be, thus restored to his or her constitutional sovereignty. Further, a movement would spread from one local government to another thereby every citizen interacts with the stories of "how to do it", "this is the way they do it" and "this is the right way to do it". Then the function of the central government will be to co-ordinate the plurality of social, economic and cultural institutions.

It is absolutely necessary to take a lesson from history. The democracy which dominated the utopia of Jefferson (President of USA) relied on local self-government was suitable for American conditions in 1824.

Jefferson's proposal was for a system under which "each ward would be a small republic within itself and every man in the state would thus become an acting member of the common government, transacting in person a great portion of its rights and duties, subordinate indeed, yet important, and entirely within his competence."

(Basic Writings of Jefferson). The proposal was ignored and now we find a sick America desperate for a change.

Maxim Gorky in his play 'The Lower Depths' tells the story of a man from the mouth of a female character named Luka: "A certain man I knew believed in a true-righteous landt.He was a poor man and had a hard life.

Sometimes things got so bad it looked as if there was nothing left for him to do but lie down and die. He would just smile to himself and say.

'That's all right, I can bear it',tt.That was his only joy in life-his faith in the true-righteous land. And then to the village came a very learned mantttt. And this poor man says to the man of learning, 't..tell me where this true-righteous land liestttThe learned man opens up his charts and looks and looks, but he can't find the true-righteous land anywhere.

The man can't believe ittt..And he gives him a whack over the ear-bang! Then another one-bang! And after that he goes home and hangs himself."

Dear readers, nowadays after giving whacks, people do not go home and hang themselves; they seek refuge in revolution fully realising and believing its necessity, because there is simply no other way out.

(The writer is retired Justice, Appellate Division, Bangladesh Supreme Court)