Law letter
Quest for democracy
Parliament is the place where peoples' representatives discuss about the affairs of the nation. The history of Parliament dates back to nearly a thousand years and its development was not always steady or regular; rather, sometimes haphazard. In the turmoil year of 1295, Norman King Edward I summoned, for the first time, the national Parliament and in the fullness of time it became the present English Parliament which is the model for “parliamentary system of government” of democratic countries of the world. However, eight centuries back, the form of parliament was very different from what it is today. That time, it was called when the King wished to sought the advice and counsel of the wisest and most experienced of his subjects. But today, with the lapse of time, Parliament refers to a representative assembly of the people where their affairs and laws are discussed and made respectively. Hence, from being a “selected institution”, Parliament is now an “elected institution”. Although parliament conceives the idea of representation, it would be misleading to equate this “representation” with the concept of democracy. In BIMW Ltd. v. Bangladesh and Others [2006 BLT (HCD) 1 at page 223] 'democracy' is evaluated by the Supreme Court of Bangladesh as: “… a way of life… modern innovation with the growth of civilization. More the people grow civilized… … feel duty bound to their civic duties … …to their own corresponding rights.”
My intention is not to deliver an extended eulogy about the significance of Parliament and democracy. But I do want to use these examples to highlight the role of political parties and members of parliament (MPs) towards the Parliament, which is the pivotal theme of my write up.
Political parties are indefeasible piece of machinery of democracy. In democratic countries, political party is delineated as an organ of public opinion. Article 152 of the Constitution of Bangladesh ponders over 'Political Party' as a group or combination of persons who operate within or outside parliament under a distinctive name and who hold themselves out for the purpose of propagating a political opinion or engaging in any other political activity. Hence, political party serves as a linkage institution linking the people with government and its policies. People by electing candidates of a party of their desired principles as members of parliament (MP) let the government policy to go. In our country, the concepts of 'Parliamentarian' or 'members of parliament' work as a strong norm among the political elite. The MPs are periodically granted significant role in the national politics. They play as key contributors in the formulation and implementation of public policies. Therefore, MPs, the power elite, are pivotal not only as people's representatives but also as the leading members of the ruling and opposition political parties.
In Part V of the Constitution of Bangladesh, where the will of the people is reflected, articles 65 and 66 enumerate the establishment of parliament and election to MPs respectively. Furthermore, article 7, the pole-star of our constitution, echoes that all powers of the republic belong to people. Thus, it is conceivable to us that the constitution creates all state functionaries only to serve the people. Hence, the MPs should act in the Parliament as representative of the people whom choose them (MPs) by their votes. But, later what we watch them to perform in the parliament, Dr. Rounaq Jahan in her “Bangladesh Politics: Problems and Issues” at 193, depicts it in the following citation: “… often showed an intolerant attitude towards political opposition. Although socially they remained on good terms with the political opposition … often used derogatory terms …”
In BLAST v. Secretary, MOPT and 4 others [13 MLR (HCD) 233 at page 242] it has been stated: “The people … are the owners of this country … … all services must serve their cause and in their interest … … Hon'ble MP are the representative of the people … … agents and trustee for and on their behalf.” From this observation it can be assumed that what role of the MPs in the parliament is expected. However, failure to perform the expected attitude as well as role in the parliament, people should also take the responsibility since they elect them by votes. People don't expect that they would always have wise and humane representatives even though they cast their votes sometimes to a bad choice. In evaluating their responsibility, people would reminisce what President Woodrow Wilson stated in his first inaugural address on March 4, 1913: “…But the evil has come with the good, and much fine gold has been corroded… ... Our duty is to cleanse, to reconsider, to restore, to correct the evil without impairing the good.”
Mohammad Rubaiyat Rahman
Student, 3rd Year, Department of Law, University of Dhaka.
