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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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