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37 Wis. Int'l L.J. 469 (2019-2020)
The Anti-Defection Provision Contained in the Constitution of Bangladesh, 1972, and Its Adverse Impact on Parliamentary Democracy: A Case for Reform

handle is hein.journals/wisint37 and id is 487 raw text is: 






   THE   ANTI-DEFECTION PROVISION CONTAINED IN
 THE CONSTITUTION OF BANGLADESH, 1972, AND ITS
         ADVERSE IMPACT ON PARLIAMENTARY
            DEMOCRACY: A CASE FOR REFORM

                         M. EHTESHAMUL BARI'
                              PRITAM  DEY2

                              ABSTRACT

        It is a fundamental   feature of  parliamentary  democracies  for
parliament to act as a bulwark against executive power so as to ensure the
maintenance   of the rule of law. In order for parliament  to perform  its
oversight functions, it is imperative that members of parliament (MPs)
enjoy independence   from the stranglehold of their political parties while
scrutinizing the actions of  the executive  and deliberating the national
issues facing the electorate. In Bangladesh, the founding fathers, in order
to avoid  the troubling experiences  of  unprincipled defections  of MPs
during the past union with Pakistan, which adversely affected the stability
of governments,  incorporated an anti-defection provision in Article 70 of
the  Constitution  of Bangladesh, 1972. However, the anti-defection
provision   contained  in  the  Constitution,  in  endeavoring   to  curb
unprincipled defections, has adversely impacted the independence  of MPs
by compelling  them  to blindly comply  with the directives of their parties
in Parliament, thereby  impeding  the provision's competence   to act as a
check   on  the  powers   of the  executive.  Consequently,   the current
government   of Bangladesh   Awami   League,  by  dint of Article 70, has


   LLB (1st Class Honors); LLM (Distinction); PhD (Macquarie University, Sydney). Dr. Bari is a
   Senior Lecturer (Associate Professor) in the Thomas More Law School at the Australian Catholic
   University, Melbourne, Australia. His primary research expertise lies in the areas of constitutional
   law, human rights law, Asian law, and public international law. Dr. Bari is the author of two
   monographs, namely, States of Emergency and the Law: The Experience of Bangladesh, which
   has been published by Routledge (London and New York), and The Use of Preventive Detention
   Laws in Malaysia: A Case for Reform (with Safia Naz), which has recently been published by
   Springer (Singapore). He has also published a number of research articles in reputed peer-reviewed
   journals, including the George Washington International Law Review, Transnational Law and
   Contemporary Problems, Suffolk Transnational Law Review, Oxford University Commonwealth
   Law Journal, San Diego International Law Journal, Commonwealth Law Bulletin and the Journal
   of East Asia and International Law. Email: me.bari@acu.edu.au.
 2 LLM (Distinction); PhD Candidate; University of New England. E-mail: pritam.dey@une.edu.au.

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