Bangladesh has entered a critical phase in its constitutional and political history. Since its independence in 1971, Bangladesh has undergone a series of constitutional transformations, shifting between parliamentary, presidential, and military-backed systems.
The 1972 Constitution, rooted in the ideals of the Liberation War, emphasised democracy, secularism, socialism, and nationalism. However, successive amendments have altered its institutional foundations, prompting ongoing debate about the role of the executive, the independence of the judiciary, and the nature of electoral oversight.
Following the resignation and departure of Prime Minister Sheikh Hasina on 5 August 2024, which marked a pivotal inflection point in the country’s political trajectory, though interpretations vary, the resignation followed growing civic mobilisation and widespread calls for accountability and reform. Many see this moment not as a conclusion but as the beginning of a deeper conversation about governance, representation, and the future direction of the state. An Interim Government was installed under the leadership of Nobel Laureate Dr Muhammad Yunus.
What has followed is a powerful surge in public discourse around governance, legitimacy, and the need to reimagine Bangladesh’s constitutional future. Against this backdrop, the Jagoron Foundation, in collaboration with Gray’s Inn and supported by scholars from Essex Law School and beyond, convened a landmark roundtable in London on 30 September 2024 to chart a path forward.
This roundtable, held in the historic Bingham Room at Gray’s Inn, brought together constitutional experts, human rights lawyers, political scientists, and members of the Bangladeshi diaspora. It provided a secure, constructive platform for exchange, dialogue, and the formulation of concrete proposals for reform.
The presence of scholars such as Professor Merris Amos (Queen Mary University), Professor Naomi Hossain (SOAS), Professor Jon Wilson (King’s College London), Dr Cynthia Farid (University of Hong Kong), and Professor Erin Delaney (UCL) helped frame the current crisis within both domestic and comparative constitutional contexts.
The keynote address was delivered by Dr Shahdeen Malik, one of Bangladesh’s most eminent constitutional lawyers and human rights advocates. Dr Malik recounted the historical evolution of the Bangladeshi constitution and identified key amendments, most notably the Fourth Amendment of 1975 and the Fifteenth Amendment of 2011, as pivotal turning points that undermined democratic principles. He highlighted three urgent reform priorities: decentralising power through local governance, reinstating the non-partisan caretaker government system to guarantee electoral integrity, and introducing proportional representation to ensure inclusive democratic participation.
The Constitutional and Administrative Justice Initiative (CAJI) at Essex Law School joined this collaboration due to its ongoing work on how constitutions function in practice, especially in societies undergoing democratic transitions. With a strong focus on accountability, public law, and access to justice, CAJI sees Bangladesh’s current moment as a rare opportunity to study and support the rebuilding of institutions from the ground up.
The roundtable took place against the backdrop of what many have dubbed Bangladesh’s “second liberation”, a nationwide student-led uprising that not only forced the resignation of Sheikh Hasina but also reignited long-dormant conversations about accountability, representation, and the future of governance. While some view this as a transformative moment, others have cautioned that transitional periods can also carry risks of elite capture or exclusion. A broad consensus at the roundtable emphasised the importance of maintaining institutional integrity and preventing reform fatigue. These protests were not just political events; they were an expression of generational urgency, though participants acknowledged differing perspectives on their significance. Some viewed them as a natural response to democratic backsliding, while others emphasised the importance of embedding reform within established institutional and legal frameworks.
Bangladesh’s 1972 Constitution, born out of the Liberation War, remains a powerful symbol of the nation’s founding ideals. Yet over the decades, political manipulation and piecemeal amendments have diluted its spirit.
Reform, then, is not a rejection of the constitution’s legacy but a reaffirmation of its foundational values, democracy, justice, and equality, updated for a more pluralistic, decentralised, and inclusive future.
Keynote speaker Dr Shahdeen Malik offered a comprehensive analysis of Bangladesh’s constitutional evolution. He highlighted amendments that have undermined democratic accountability, particularly the Fourth Amendment in 1975, which ushered in a one-party state, and the Fifteenth Amendment in 2011, which abolished the non-partisan caretaker system and entrenched unamendable provisions. Dr Malik proposed restoring the caretaker system, strengthening local governance, and adopting proportional representation as essential steps to revive public trust.
Legal historian Dr Cynthia Farid reflected on the legal and political dilemmas of constitutional renewal. While past reform attempts were often politically opportunistic or incomplete, current momentum suggests a deeper public demand for a new constitutional vision. She warned, however, against replacing political leadership with technocracy, urging instead for meaningful engagement between the interim government, political parties, and civil society. She also called for justice for victims of enforced disappearances and illicit financial outflows, areas where the diaspora, she noted, could play a vital role in accountability and transparency efforts.
Professor Naomi Hossain pointed to the dysfunction of political parties as a major barrier to reform. She described how the dominance of the Awami League and the BNP has stalled democratic culture and deepened political polarisation. In her view, democracy in Bangladesh must move beyond parties as the sole vehicles of representation. She reminded participants that the caretaker model, despite criticism, delivered the last uncontested election in 2000.
In a parallel argument, Professor Jon Wilson critiqued the unitary state structure and called for pluralism in both political and economic governance. He advocated for the decentralisation of political power, economic centres, and electoral representation. For Wilson, reform must reflect the lived diversity of Bangladeshi society; a singular, top-down model of governance is no longer viable.
Human rights protections formed another cornerstone of the discussion. Professor Merris Amos argued that rights guarantees, without institutional enforcement, remain performative. She advocated for judicial reform, independent commissions, and even the establishment of a South Asian regional human rights court, modelled on the European system. These proposals echo calls from across the region to bolster accountability and end impunity for state abuses.
On this front, Zayd Ahmed from the UK Young Bar Association proposed that international mechanisms be leveraged to pursue accountability for human rights violations under the Hasina regime. His suggestion that Bangladesh be referred to the International Criminal Court was met with serious consideration, particularly in light of systematic abuses against activists, opposition figures, and marginalised communities.
The Interim Government, composed primarily of respected figures from civil society, has played a stabilising role during a volatile transition. Its legitimacy, however, must rest on its ability to facilitate (not dictate) reform. As several speakers cautioned, interim governance should serve as a bridge, not a substitute, for democratic leadership. A clear exit strategy and commitment to time-bound milestones are essential to prevent reform fatigue and disillusionment.
Professor Erin Delaney tackled the tension between legal form and political necessity, defending the role of caretaker governments during transitional moments. She also championed federalism as a way to redistribute power more equitably and resolve the judicial backlog over 4 million pending cases, with only 1,900 judges. Judicial decentralisation and local dispute resolution mechanisms, such as village courts and Bisar, were proposed as complementary solutions.
Participants also highlighted the growing need to address rights in the digital sphere. Online surveillance, censorship, and disinformation have become powerful tools of repression. A modernised constitution must enshrine protections for digital privacy, freedom of expression online, and mechanisms to prevent misuse of state-controlled digital infrastructure.
The roundtable also explored post-authoritarian transitions in a comparative light. Dr Adem Kassie Abebe of International IDEA warned against rushing into elections before political and institutional safeguards are in place. Drawing lessons from Nepal, Myanmar, and Kenya, he stressed the need for a “reform guarantor”, a neutral third party to monitor progress and maintain trust during the transition.
Further reflections from Essex Law School came through the contributions of Dr Tom Flynn, who explored the constitutional moment facing Bangladesh at its fiftieth anniversary. He argued that while reform is necessary, there remains value in the current constitutional text. What is required is a reinvigoration of the constitution as a living instrument of governance, anchored in both legal and social legitimacy. Dr Flynn also raised the alarm over the constitutional neglect of environmental and climate issues, noting the existential threat that climate change poses to Bangladesh and the urgent need for constitutional provisions addressing resilience and sustainability.
The importance of inclusive civic engagement was powerfully articulated by Sotez Chowdhury of Amnesty International. He noted that the July protests were not seen by many as a legal crisis but as a revolt against corruption and political impunity. Civil society, he argued, must be central to any reform process, and local justice systems, such as the Bisar courts, should be supported as legitimate forms of community-based governance.
Conclusion
The momentum generated by this roundtable has led to a partnership between the Jagoron Foundation and the Constitutional and Administrative Justice Initiative (CAJI) at Essex Law School. The partnership will explore different aspects of democratic accountability, human rights, and constitutional renewal in Bangladesh.
This collaboration will focus on ongoing research, policy engagement, and capacity-building, while also providing a platform for balanced academic reflection. Rather than prescribing reform, the partnership will facilitate deliberative dialogue and contribute to a broader ecosystem of constitutional learning. It also aims to support inclusive public dialogue, offer comparative insights, and develop frameworks for transitional justice and institutional rebuilding.
Together, both institutions are committed to deepening understanding and shaping the next phase of Bangladesh’s democratic journey. While international institutions and diaspora voices play a supportive role, participants emphasised that any constitutional change must be grounded in the lived experiences and aspirations of the Bangladeshi people.
As Bangladesh charts its course through this period of constitutional flux, there is an urgent need for sustained international engagement, not only from multilateral institutions but also from academic communities, diaspora networks, and South-South alliances.
The Jagoron Foundation and CAJI invite legal scholars, researchers, and civil society partners to join us in this ongoing effort to imagine and support a constitution that serves all Bangladeshis.
This roundtable, and the discussions that emerged from it, reflect a broad consensus: that constitutional reform must be inclusive, grounded in lived experience, and committed to democratic renewal. The challenges are immense but so is the opportunity to transform this “second liberation” into a lasting democratic order.
Shaheen Mamun is the Executive Director of the Jagoron Foundation, a progressive think tank dedicated to supporting Bangladesh’s transition towards democratic, inclusive, and transparent governance. His work focuses on driving meaningful change through rigorous research, policy briefs, and strategic stakeholder engagement, with the aim of influencing key decision-makers both in Bangladesh and the international community.
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