Articles
Is Anti-Floor Crossing Law in Bangladesh Contrary to the Spirit of the Constitution of Bangladesh? An Inquiry
Sheikh Mohammad Towhidul Karim
Published 2014-04-30
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How to Cite
Karim, S. M. T. . (2014). Is Anti-Floor Crossing Law in Bangladesh Contrary to the Spirit of the Constitution of Bangladesh? An Inquiry. Kathmandu School of Law Review, 4(1), 123–133. Retrieved from https://kslreview.org/index.php/kslr/article/view/192
Abstract
Anti-floor crossing laws existing in many commonwealth countries, and are criticized for being a hindrance in ensuring rule of law in parliamentary democracy. This paper reviews the anti-floor crossing laws of Bangladesh, with a view that the anti-floor crossing laws are inherently undemocratic, stifle free speech and freedom of association, and endanger the opinion of people. It explains how it poses restrictions on the members of the parliament (MPs), who cannot represent their constituents. It elaborates specifically why and how often legislators switch parties, and also makes a comparative study with the United Kingdom. It also reflects on some backlashes that floor crossing laws might result in, and provides recommendations on how they might be practically and logically mitigated by the parliament.
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References
1. The term originated from the British House of Commons, which is configured with the Government and Opposition facing each other on rows of benches. An MP who switched parties would need to cross the floor. Wikipedia, Crossing the Floor <http://en.wikipedia.org/wiki/Crossing_the_floor> accessed 29 October 2013. ‘Crossing the Floor’, Wikipedia available at http://en.wikipedia.org/wiki/crossing_the_floor#Voting_against_party_line, accessed on 10 October 2014.
2. Ibid.
3. D McKeown, R Lundie & G Baker, ‘Crossing the Floor in the Federal Parliament 19502004’, Parliament of Australia, Department of Parliamentary Services, Research Notes available at http://www.aph.gov.au/library, accessed on 5 November 2013.
4. ‘World Bank Report, Bangladesh: Country at a glance’, World Bank, 2013 available at http://www.worldbank.org/en/country/bangladesh, accessed on 10 October 2014.
5. Parliament shall stand dissolved on the expiration of the period of five years from the date of its first meeting. Constitution of the People's Republic of Bangladesh, 1971, Bangladesh (hereinafter Constitution of Bangladesh), art. 72(3).
6. The President shall appoint as Prime Minister the member of Parliament who appears to him to command the support of the majority of the members of Parliament. Ibid, art. 56(3).
7. Khondker Delwar Hossain, M. P. v. Major (Rtd) Md. Aktaruzzaman, Election Commission, Bangladesh, Case no. 1 of 2000.
8. See Khondker Delwar Hossain and others v. Speaker, Bangladesh Jatiyo Sangshad (Parliament and others), Supreme Court, Bangladeh, 51 DLR 1, para. 10.
9. Mondal, M. Abdul Latif. ‘Floor crossing in the House’ The Daily Star, 13 June 2005 available at http://archive.thedailystar.net/2005/06/13/d50613020430.htm, accessed on 10 September 2014.
10. ‘Floor Crossing Law under Bangladesh Constitution’, Lawyers and Jurists, 12 November 2010, available at http://www.lawyersnjurists.com/resource/articles-and-assignment/floor-crossing-lawunderbangladesh-constitution/, accessed on 5 November 2013.
11. X Majola, E Saptoe & C Silkstone, ‘Floor Crossing: Germany, United Kingdom, Canada, Brazil, Lesotho and Kenya’ Information Services Section Research Unit, January 2007, p. 5 available at http://www.pmg.org.za/docs/2007/070130floorcross.doc, accessed on 5 October 2014.
12. D McKie, ‘No sense in self-denial’ The Guardian, 01 November 2013, available at http://politics.guardian.co.uk/commons/comment/0,,1931636,00.html, accessed on 01 January 2014.
13. Oli Chowdhury, Md. Abdullah ‘Floor Crossing and Expanding Horizon of MPs’, Daily Star, Dhaka, 16 April 2011.
14. Beatson & Cripps, Freedom of expression and freedom of information: essays in honour of Sir A. Mason, Oxford University Press, Oxford, 2000, p. 17.
15. P. Van Dijk et al., Theory and practice of the European Convention on Human Rights, 4th edn, Intersentia, Antwerpen, 2006, p. 774.
16. Dewan Abdul Kader v. Bangladesh, Supreme Court, Bangladesh, [1994] 46 DLR 596.
17. Rahaman, Muhammad Mustafizur, Party Influence and Parliamentary Behaviour: The Decay of Democracy in Bangladesh, Osaka University Japan, 2008, p. 13.
18. The provision reads, ‘Pledging that the high ideals of nationalism, socialism, democracy and secularism, which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in, the national liberation struggle, shall be the fundamental principles of the Constitution.’
19. The provision reads, ‘All powers in the Republic belong to the people, and their exercise on behalf of the people shall be effected only under, and by the authority of, this Constitution.’
20. The provision reads, ‘The principles of nationalism, socialism, democracy and secularism, together with the principles derived from those as set out in this Part, shall constitute the fundamental principles of state policy.’
21. The provision reads, ‘The Republic shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person shall be guaranteed, and in which effective participation by the people through their elected representatives in administration at all levels shall be ensured.’
22. The provision read, ‘Local government in every administrative unit of the Republic shall be entrusted to bodies, composed of persons elected in accordance with law.’
23. R Jahan, ‘Members of Parliament in Bangladesh’, vol. 3, no. 3, Legislative Studies Quarterly, 1976, pp. 355-370.
24. See Constitution of Bangladesh (n 6), art. 55 (3).
25. Moudud Ahmed, Bangladesh: Era of Sheikh Mujibur Rahman, The University Press Limited, Dhaka, 1983, p.437.
26. Anwar Hussain Chowdhury v. Bangladesh, Supreme Court, Bangladesh, 41 DLR 165, [1989] BLD ( SPL) 1.
27. Shakhawat Liton and Rashidul Hasan, ‘JS splits DCC in 4 minutes’, The Daily Star, 30 November 2011 available at http://archive.thedailystar.net/newDesign/newsdetails.
28. M. A. Halim, Constitution, Constitutional Law and Politics: Bangladesh Perspective, 3rd edn, CCB Foundation, Dhaka, 2006, p. 177.
29. Blais Fournier, Gidengil Nadeau, and Nevitte, ‘Issue Importance and Performance Voting, Political Behavior’, vol. 25, no. 1, Springer 51, March 2003, pp. 51-67.
30. N Ahmed, ‘From Monopoly to Competition: Party Politics in the Bangladesh Parliament 1973-2001’, vol. 76, no. 1, Pacific Affairs 55, 2003, pp. 55-77.
31. C Baxter, Government and Politics in South Asia, 2nd edn, West View Press, Oxford, 1991, p. 248.
32. N Chowdhury, The Legislative Process in Bangladesh: Politics and Functioning of East Bengal Legislative Assembly 1947-1958, Dhaka University, Dhaka, 1980. php?nid=212277, accessed on 10 November 2013.
33. Sparks, ‘Leaping rats expose sinking ships’, The Star, 9 April 2003, p.14.
2. Ibid.
3. D McKeown, R Lundie & G Baker, ‘Crossing the Floor in the Federal Parliament 19502004’, Parliament of Australia, Department of Parliamentary Services, Research Notes available at http://www.aph.gov.au/library, accessed on 5 November 2013.
4. ‘World Bank Report, Bangladesh: Country at a glance’, World Bank, 2013 available at http://www.worldbank.org/en/country/bangladesh, accessed on 10 October 2014.
5. Parliament shall stand dissolved on the expiration of the period of five years from the date of its first meeting. Constitution of the People's Republic of Bangladesh, 1971, Bangladesh (hereinafter Constitution of Bangladesh), art. 72(3).
6. The President shall appoint as Prime Minister the member of Parliament who appears to him to command the support of the majority of the members of Parliament. Ibid, art. 56(3).
7. Khondker Delwar Hossain, M. P. v. Major (Rtd) Md. Aktaruzzaman, Election Commission, Bangladesh, Case no. 1 of 2000.
8. See Khondker Delwar Hossain and others v. Speaker, Bangladesh Jatiyo Sangshad (Parliament and others), Supreme Court, Bangladeh, 51 DLR 1, para. 10.
9. Mondal, M. Abdul Latif. ‘Floor crossing in the House’ The Daily Star, 13 June 2005 available at http://archive.thedailystar.net/2005/06/13/d50613020430.htm, accessed on 10 September 2014.
10. ‘Floor Crossing Law under Bangladesh Constitution’, Lawyers and Jurists, 12 November 2010, available at http://www.lawyersnjurists.com/resource/articles-and-assignment/floor-crossing-lawunderbangladesh-constitution/, accessed on 5 November 2013.
11. X Majola, E Saptoe & C Silkstone, ‘Floor Crossing: Germany, United Kingdom, Canada, Brazil, Lesotho and Kenya’ Information Services Section Research Unit, January 2007, p. 5 available at http://www.pmg.org.za/docs/2007/070130floorcross.doc, accessed on 5 October 2014.
12. D McKie, ‘No sense in self-denial’ The Guardian, 01 November 2013, available at http://politics.guardian.co.uk/commons/comment/0,,1931636,00.html, accessed on 01 January 2014.
13. Oli Chowdhury, Md. Abdullah ‘Floor Crossing and Expanding Horizon of MPs’, Daily Star, Dhaka, 16 April 2011.
14. Beatson & Cripps, Freedom of expression and freedom of information: essays in honour of Sir A. Mason, Oxford University Press, Oxford, 2000, p. 17.
15. P. Van Dijk et al., Theory and practice of the European Convention on Human Rights, 4th edn, Intersentia, Antwerpen, 2006, p. 774.
16. Dewan Abdul Kader v. Bangladesh, Supreme Court, Bangladesh, [1994] 46 DLR 596.
17. Rahaman, Muhammad Mustafizur, Party Influence and Parliamentary Behaviour: The Decay of Democracy in Bangladesh, Osaka University Japan, 2008, p. 13.
18. The provision reads, ‘Pledging that the high ideals of nationalism, socialism, democracy and secularism, which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in, the national liberation struggle, shall be the fundamental principles of the Constitution.’
19. The provision reads, ‘All powers in the Republic belong to the people, and their exercise on behalf of the people shall be effected only under, and by the authority of, this Constitution.’
20. The provision reads, ‘The principles of nationalism, socialism, democracy and secularism, together with the principles derived from those as set out in this Part, shall constitute the fundamental principles of state policy.’
21. The provision reads, ‘The Republic shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person shall be guaranteed, and in which effective participation by the people through their elected representatives in administration at all levels shall be ensured.’
22. The provision read, ‘Local government in every administrative unit of the Republic shall be entrusted to bodies, composed of persons elected in accordance with law.’
23. R Jahan, ‘Members of Parliament in Bangladesh’, vol. 3, no. 3, Legislative Studies Quarterly, 1976, pp. 355-370.
24. See Constitution of Bangladesh (n 6), art. 55 (3).
25. Moudud Ahmed, Bangladesh: Era of Sheikh Mujibur Rahman, The University Press Limited, Dhaka, 1983, p.437.
26. Anwar Hussain Chowdhury v. Bangladesh, Supreme Court, Bangladesh, 41 DLR 165, [1989] BLD ( SPL) 1.
27. Shakhawat Liton and Rashidul Hasan, ‘JS splits DCC in 4 minutes’, The Daily Star, 30 November 2011 available at http://archive.thedailystar.net/newDesign/newsdetails.
28. M. A. Halim, Constitution, Constitutional Law and Politics: Bangladesh Perspective, 3rd edn, CCB Foundation, Dhaka, 2006, p. 177.
29. Blais Fournier, Gidengil Nadeau, and Nevitte, ‘Issue Importance and Performance Voting, Political Behavior’, vol. 25, no. 1, Springer 51, March 2003, pp. 51-67.
30. N Ahmed, ‘From Monopoly to Competition: Party Politics in the Bangladesh Parliament 1973-2001’, vol. 76, no. 1, Pacific Affairs 55, 2003, pp. 55-77.
31. C Baxter, Government and Politics in South Asia, 2nd edn, West View Press, Oxford, 1991, p. 248.
32. N Chowdhury, The Legislative Process in Bangladesh: Politics and Functioning of East Bengal Legislative Assembly 1947-1958, Dhaka University, Dhaka, 1980. php?nid=212277, accessed on 10 November 2013.
33. Sparks, ‘Leaping rats expose sinking ships’, The Star, 9 April 2003, p.14.