Bangladesh lawmakers risk losing seats for defying party in presidential vote

Members of Bangladesh’s Parliament who vote against their party’s decision in the upcoming presidential election could lose their seats under Article 70 of the Constitution, Chief Whip Nurul Islam Moni said Tuesday.

Moni said Article 70 remains in force and will apply when lawmakers vote for president, effectively requiring party-elected members to follow their party’s choice. The constitutional provision requires a lawmaker elected as a political party nominee to vacate the parliamentary seat for voting against that party.

Moni made the remarks after the Election Commission met acting speaker Kayser Kamal at Parliament to discuss preparations for the presidential election.

Opposition parties condemned the way the ruling party is handling the selection of the president’s post.

“We all came together to write the July Charter, and the public verdict in the reform referendum was also in its favor. So it is sad and disappointing for us that it is not being implemented,” said Nahid Islam, one of the key leaders who helped oust Sheikh Hasina and now leads the National Citizen Party (NCP). “Still, since the presidential election is taking place, we do not want it to go uncontested. We in the opposition will field a candidate so that there is a contest.”

Article 70 appears to stand in tension with Article 39(1) of the Constitution of Bangladesh, which guarantees that “freedom of thought and conscience is guaranteed,” because it can require members of parliament to follow their party’s position or risk losing their seats. Political scientists, public intellectuals, journalists, civil rights activists and lawmakers have repeatedly called for Article 70 to be reformed, and the Supreme Court of Bangladesh has described the provision as undemocratic. Its abolition has also been included among proposals associated with the July Charter.

The ruling Bangladesh Nationalist Party has yet to announce its presidential candidate.

“Our BNP party candidate, we have not finalized the decision yet,” said Moni. Longtime BNP leader Mirza Fakhrul Islam Alamgir is expected to win the post. Moni said Prime Minister Tarique Rahman has been given responsibility for making the party’s final decision.

An 11-party opposition alliance has also fielded a candidate, ensuring the presidential election will be contested.

Critics, including political scientists, journalists, activists and lawmakers, have long called it undemocratic and sought its reform or abolition. The provision originated under Sheikh Mujibur Rahman, whose government later became increasingly authoritarian and established the one-party BAKSAL system in 1975 before Mujib was assassinated by army officers.