Challenging ChatGPT to address Bangladesh’s constitutional impasse
Special Report :
In light of the revolution’s core objective – to bring about government and political reform and ensure free and fair elections – which ultimately led to the fall of the kleptocratic regime, a new challenge has emerged.
Some political parties are now seeking to bypass the constitutional reform process and push for elections under the existing, compromised constitution shaped by the Awami League.
To examine this critical issue, we consulted the AI-powered large language model ChatGPT. Below is its response: The challenge
What are the major weaknesses in Bangladesh’s constitution that enable the winning party and the prime minister absolute hold on the executive and judiciary branches? And how would you address these challenges through amendments and how would you go about doing so such that these changes will stick to protect the rights of the people.
The response from ChatGPT’s AI engine
Here is a comprehensive analysis tailored to Bangladesh’s current political context, where a revolution-installed interim government operates outside the constitutional framework, yet is seeking legitimacy through reform:
Major constitutional weaknesses: How the winning party & pm dominate the state
1. Article 70 – Anti-Defection Clause
o Effect: MPs lose their seat if they vote against the party line-even on matters of conscience or national interest.
o Consequence: Parliament becomes a rubber stamp, fully subservient to the Prime Minister and party leadership.
2. Concentration of Executive Power
o The Prime Minister controls all ministers, appoints top bureaucrats, and effectively commands law enforcement and intelligence agencies.
o The President is ceremonial, offering no real check.
3. Judiciary’s dependence on executive
o Judges are appointed solely by the President (on advice of PM) with no independent commission.
o There’s no transparent process, and the government can manipulate bench compositions and promotions.
4. Abolition of Caretaker Government (15th Amendment, 2011)
o Previously, elections were overseen by a neutral, non-party caretaker government.
o After its abolition, incumbent governments now oversee their own elections, raising legitimacy concerns.
5. Executive control over oversight institutions
o The Election Commission, Anti-Corruption Commission, and Public Service Commission are appointed and controlled by the executive.
o There is no parliamentary or multiparty oversight, leading to partisan capture.
Implementing change in the current context
Given that the current interim government is extra-constitutional, regular constitutional amendment procedures under Article 142 are unavailable. However, a unique opportunity exists to rewrite the social contract through participatory legitimacy:
STEP 1: Establish a People’s Constitutional Reform Commission
o Include civil society, academics, lawyers, student bodies, religious minorities, labor groups, and diaspora members.
o Task it with preparing a draft “Second Republic Constitution” within 6-9 months.
o Ensure public hearings and crowdsourced inputs from all divisions.
STEP 2: Enact a transitional legal framework
o The interim government, backed by revolutionary legitimacy, can pass a Transitional Proclamation or Basic Law allowing it to:
o Hold referendums.
o Appoint independent election-time institutions.
o Establish temporary courts to resolve constitutional conflicts.
STEP 3: National Referendum for Ratification
o Once the reform document is drafted, hold a national referendum monitored by international observers.
o Require two-thirds approval from voters to legitimize the new constitutional order.
STEP 4: Convene a Reformed Parliament under the New Constitution
o Elections are held under reinstated caretaker model, using the reformed Election Commission.
o Newly elected Parliament will formally adopt the new constitution, replace outdated laws, and entrench democratic reforms.
Ensuring changes stick: democratic safeguards
1. Entrenchment Clause: Make critical provisions (elections, judiciary, Article 70 reform, rights) amendable only by referendum and supermajority.
2. Independent Constitutional Court: Separate from the Supreme Court, tasked solely with upholding constitutional balance.
3. Civic Education and Media Protection: Invest in mass awareness, school curricula, and freedom of the press to foster a participatory culture.
4. Periodic Review Commission: Every 10 years, convene a citizen-led constitutional review body to suggest updates without undermining core rights.
Strategic advantage of this moment
o No vested political elite is in power-a rare opportunity.
o The interim government can restore legitimacy only through reform, not repression.
o The public appetite for change is high after decades of corruption, dynastic control, and stolen elections.
The existing constitution of Bangladesh enables majoritarian authoritarianism by design. A revolutionary interim government has the moral authority-and historic duty-to create a new, inclusive, and accountable political system. This means:
o Breaking the PM’s monopoly over the state.
o Making the judiciary and institutions independent.
o Protecting people’s voices and votes.
Would you like a white paper or executive summary of this reform roadmap for circulation to legal, academic, or political stakeholders in Bangladesh?