Parliament (Jatiya
Sangsad) of the People's Republic of Bangladesh is called Jatiya
Sangsad. Jatiya Sangsad is vested with the legislative powers
of the Republic. Jatiya Sangsad consists of 300 members elected
in accordance with law from single territorial constituencies
by direct election. The members of Jatiya Sangsad are designated
as Members of Parliament (MPs).
Members
of parliament are elected for five years. Unless dissolved earlier
constitutionally by the president, Sangsad stands dissolved on
the expiry of the period from the date of its first meeting.
Of course President can dissolve the Sangsad anytime under special
circumstances. The term of the Sangsad can be extended for a
maximum period of one year in a state of war. If after the expiry
of the term of the Sangsad and before the holding of the next
general elections, the President is satisfied that owing to the
existence of a state of war in which the Republic is engaged
it is necessary to recall the Sangsad, he shall summon the Sangsad
to meet and that is to be done in consultation with the prime
minister.
In
addition to 300 members, there were 30 seats exclusively reserved
for women members to be elected by elected members of the Sangsad.
But the term for provision of reserved seats for women expired
in December 2001, and the provision for reserved seats was not
renewed. Women can, however, contest in general seats. A member
of Sangsad is required to make the oath of affirmation with the
Speaker after the election.
A
member's seat is vacated if he/she fails to make and subscribe
the oath of affirmation within ninety days from the date of the
first Sangsad session or before the expiry of that period extended
by the Speaker on reasonable ground. His/her seat shall be vacated
if he remains absent from Sangsad for ninety consecutive sitting
days without any leave from the Sangsad. For any reason if Sangsad
is dissolved the member's seat is also vacated. Moreover, the
seat of an elected member of Sangsad shall be declared vacated
if he/she resigns from his/her own party or votes in Sangsad
against that party, or being present in Sangsad abstains from
voting, or abstains himself/herself from any sitting of Sangsad.
An independent member can join any party. But once he/she joins
in a party he cannot leave the party. If he resigns from that
party he vacates his seat.
Speaker
is the chief executive of Sangsad and he presides over sessions
of the Sangsad. His other functions are to maintain order and
discipline and to uphold the dignity of Sangsad. He is to remain
neutral and his prime responsibility is to preserve the rights
of members. His decision and ruling are to be carried out when
Sangsad is in session. He can expel a member for the sake of
maintaining discipline of Sangsad. Members of Sangsad are to
remain respectful to the Speaker.
According
to the constitution, if the President of the Republic is unable
to discharge his functions, Speaker shall officiate on his behalf.
In absence of the Speaker, the Deputy Speaker presides over Sangsad
sessions and performs normal functions. In addition, he will
assist Speaker in all other functions. Speaker can be removed
from his post if Sangsad passes a resolution to that end supported
by the votes of a majority. If the post of Speaker or Deputy
Speaker falls vacant the vacancy is to be filled up within seven
days when Sangsad is in session, or if not at the next first
meeting. If for any reason Sangsad is dissolved the Speaker or
the Deputy Speaker shall be deemed to continue to hold office
until his successor has entered upon office.
Jatiya
Sangsad begins its session after oath-taking of its members and
election of Speaker and Deputy Speaker. According to Article
72 of the Constitution, Sangsad shall be summoned to meet within
thirty days after the declaration of polling result at any general
election of members of Sangsad. By public notification, President
summons, prorogues and dissolves Sangsad. He specifies the time
and place of its first meeting. The time between the first sitting
and the day when Sangsad prorogued or dissolved is called session.
At the commencement of the first session of each year President
addresses the Sangsad. There is no provision to exceed sixty
days between the end of one session and the sitting of the following
session. Sangsad's Secretary shall arrange to publish a gazette
notification specifying date, time and place of sitting when
Sangsad is summoned and send the same to the members. But if
Sangsad is summoned under emergency situation or on short notice
an announcement related to date time and place is published in
the gazette or in newspapers so that members are duly informed.
It
is the jurisdiction of President to summon, prorogue or dissolve
Sangsad. But as mentioned in the Constitution under certain circumstances,
such as, in the case of impeachment motion against President
of the Republic, the Speaker can summon Sangsad. Constitution
provides that Sangsad is to sit for at least two sessions a year.
Different types of sitting are held in Sangsad. These sittings
may be of Sangsad or of any committee and sub-committee. According
to procedure of Sangsad, the Speaker directs different time and
dates of the Sangsad sessions. As per direction of the Speaker
time schedule of each sitting is prepared. Speaker can at any
time dissolve any sitting and summon the same at any other date
and time. Time and date of the sitting of a committee is fixed
by its chairman, and in case of the absence of chairman secretary
fixes date and time. Upon the advice of the Leader of the House
Speaker can fix a day and part of a day for a secret meeting
of Sangsad. During the time of the meeting there is no entry
to any visitor at house, lobby or gallery unless otherwise permitted
by the Speaker. Speaker at his own consideration can disclose
proceedings of a secret meeting. But any other person present
cannot record or note in part or full of proceedings or any decision
of the meeting and also cannot disclose or discuss. Other rules
of the secret meeting are fixed by the direction of the Speaker.
At
least presence of sixty members is required to have quorum in
a Sangsad session. If members present is less then sixty at any
time Speaker suspends the session and starts striking a bell
for five minutes. Even after that, if there is no quorum speaker
dissolves the session.
Leader
of the House means a leader who have got confidence of the majority
of members. In Parliamentary system, leader of the Sangsad is
appointed as the chief government executive or Prime Minister.
However, any other member nominated by the Prime Minister can
be the Leader of the House. The role of the Leader of the House
is very important to make Sangsad effective and successful. He/she
is to perform the responsibility of maintaining the rights of
parties in government and opposition. Leader of the House controls
government proceedings through the Chief Whip. He/she advises
the Speaker on important issues. It is his/her responsibility
to adopt all plans relating to legislation.
The
Leader of the Opposition is elected upon the confidence of all
opposition members including the opposition party of maximum
members in the Sangsad. He/she leads opposition parties and fixes
proceedings of a session through discussion with the Leader of
House and the whips. He/she enjoys the rank and facilities of
a full minister. He/she gets full time office and a staff. He/she
works as a substitute to the Prime Minister's responsibility
at the time of legislation, parliamentary debate and any type
of crisis.
Whips
from government and opposition parties in Sangsad are appointed
in order to maintain understanding between both the parties and
to see the interest of his own party. There is one chief whip
from each of the government and opposition parties. There are
other whips to assist the chief whip. The chief whip and other
whips get no extra honorarium. Their works in Sangsad keep them
always busy. To mobilise members to vote in favour of their own
parties, to supply necessary documents, papers and information
to their party members and to appraise the party leader of Parliamentary
matters and to assist the party leader in his business are some
of the important functions of the whips. Their function also
include the preparation of list of party members to represent
at the different committees. Good mutual understanding and relation
between the chief whips and the whips of both parties ensures
smooth functioning of session. In case of any problem or dispute
in the Sangsad chief whip can play a vital role to mitigate it.
Front
seats of the Sangsad house is called Treasury bench. Ministers
and leading members sit in front row. Treasury bench remains
at the right side of Speaker's chair. Front row at its opposite
side is occupied by the opposition leader, deputy leader, whips
and other leading opposition members. Treasury bench is also
called Front bench. The members on the back row both in government
and opposition sides are named as back benchers. These members
are neither ministers nor holding any important post in the government.
Language
used by the members of Sangsad in their speeches in the House
or in writing Sangsad proceedings is termed as the Language of
Sangsad. Generally state language is used as language of Sangsad;
so Bangla is the language of Sangsad. Members are to speak in
Bangla. But any member found unable to express properly in Bangla
may be permitted by the Speaker to speak in English. Government
record of the proceedings of Sangsad is kept in Bangla; of course
Speaker can allow to record in English any part or quotation
of the proceedings.
In
the Constitution, there is a provision that President at the
commencement of the first session after the general election
of members of the Sangsad and also at the first session of each
year shall address the Sangsad. There is no instruction in the
Constitution regarding the subject matter of his address. But
according to democratic practice, this address contains an authentic
narration of state's internal and external policies of the current
year. President before presenting his address informs the Speaker
in writing. Speaker after fixing the date and time of the address
includes the subject in the business session of the particular
day. Speaker upon the advice of the Leader of the House allots
time to discuss on presidential address. Discussion on the address
is held on thanks giving proposal made by a member and supported
by another. If any message is sent by President, Speaker reads
it out and gives necessary instructions for any discussion on
it. Contact is established between Sangsad and President by his
written message sent through the Speaker. In fact President makes
liaison with Sangsad through Speaker.
For
doing the business of the Jatiya Sangsad in an orderly manner
several committees are formed. In article 76(1) of the constitution,
there is provision to appoint three standing committees: (a)
a public accounts committee; (b) committee of privileges; and
(c) such other standing committees as the Sangsad rules of procedure
require. In addition, there are such committees as business advisory
committee, committee relating to bill and decision proposal of
private members, budget committee, committee relating to government
assurances, committee relating to scrutiny of bills, committee
on government establishments, Parliamentary committee, library
committee and special committee. Members of all these committees
are appointed on the proposal passed by Sangsad. According to
constitutional provision the term of all committees is valid
up to the duration of running Sangsad except the committee relating
to scrutiny of bills or for other special purposes. But if necessary
Sangsad may reconstitute committees.
A
committee meeting needs nearly one-third of its members present
for quorum. All decisions are taken by vote of majojrity members
present in a meeting. If there is a tie on any issue chairman
or any member acting as chairman may use second or casting vote.
A provision is there to appoint one or more powerful sub-committees
under the original committee to examine any subject sent to the
committees. When a report of a sub-committee is accepted by its
original committee, it deems a report of the original committee.
Chairman generally fixes the date and time of committee meeting
and in his absence the secretary can decide its date and time.
Secretary upon the advice of the concerned minister can fix date
and time of a meeting of the committee relating to scrutiny of
bill if chairman is found late at schedule time. Cabinet secretary
is an ex-officio secretary to each committee who may delegate
power to perform his prescribed function on any officer of the
secretariat. Generally committees are of two kinds, Parliamentary
Committee and Ministerial Committee. Main functions of these
committees are to examine draft bills and other legislative proposals
and to put recommendation for the improvement of such bills.
The
Jatiya Sangsad through committees supervise the activities of
the government. Committees may place proposals for taking necessary
steps after reviewing whether legislation of Sangsad are being
properly applied. Committees have the power to enquire and investigate
into important ministerial works and administration on the matters
of public importance. Success of the Sangsad largely depends
on the effectiveness of these committees. There are specific
provisions in the rules of procedure about appointment, power
and functions of the committees. Every part of a bill placed
before Sangsad is called 'Clause'. These are termed as laws after
their enactment in the Sangsad. A bill is discussed clause by
clause after it is placed in Sangsad by the Speaker. Committee
may change a clause or add a new clause if it deems necessary.
Jatiya
Sangsad makes rule of procedure for its smooth functioning. Bangladesh
Jatiya Sangsad has its own rules of procedure. It has specific
directives relating to summons of Sangsad, its prorogation or
dissolution, sitting arrangement of members, oath and list, election
of Speaker and Deputy Speaker, nomination of presidium, power
and functions of Speaker and Deputy Speaker, session of Sangsad,
arrangement of proceedings, daily programme, address of President
before Sangsad and his message, questions and questions on short
notice, proposals on different issues, legislation, amendment
of Constitution, petition, procedures relating to finance, proposal
for decision, special power of a member of Sangsad, rules of
procedure of the committees, general procedures, rules to be
followed by members etc.
There
are two types of functions of the Sangsad; government functions
and private functions. Bill, budget, proposal for decision, amendment
and other proposals placed by any minister is regarded as government
functions while such things placed by any government member and
opposition member are considered as private functions. One day
in a week is kept reserved for private proceeding. Other days
are only for government proceedings which get more privilege
and more time. In a particular day privilege is given to perform
a specific type of proceedings. If necessary Speaker upon the
advice of the Leader of the House can allot any day for private
proceedings. Proceedings of Sangsad are arranged according to
the direction of Speaker.
Parliamentary
secretary prepares a list of proceedings for a particular day.
After its approval from the Speaker a copy of proceeding is sent
to all members before a day's work starts. It is known as daily
programme. A proceeding not included in daily programme cannot
be transected without the permission of the Speaker. In any daily
programme scheduled for decision proposal of the private members
more than five proposals cannot be included. Of course Speaker
can change the provision. The members are required of issue prior
notice for raising any question or proposal before Sangsad. They
issue notice addressed to the secretary in writing as per rules
of procedure. Copy of the notice and other papers including a
copy of questions are sent to the members at due time. This notice
needs to be sent at least fifteen days earlier. A member cannot
serve notice for more than ten questions per day.
If
a question is made to a minister, Speaker after consulting the
concerned minister can allow to place questions within less than
fifteen days. No notice can be published by a member or any other
person until it is accepted by Speaker and served among the members.
Speaker by his own discretion can revise a notice before it is
served if it is found disputable, in contravention with parliamentary
rules, sarcastic, irrelevant, full of verbose or not acceptable
for other reason. Private members raising a decision proposal
are to serve notice at least ten days earlier. A member cannot
serve notice having more than twenty five decision proposals.
During session question is raised on validity issue. In clause
301 of rules of procedure of the Sangsad there is a reference
on the issue of raising question of validity, Speaker's action
and other related issues. Any member can raise a question of
validity. But this should be within the purview of Constitution,
rules of procedure and power of the Speaker. Speaker decides
whether the question is a question of validity. No debate is
allowed on the question of validity. Of course Speaker if he
deems reasonable can allow members' opinion prior to his decision.
Speaker's decision is final on this issue.
Draft
or proposal for a law is called bill. For a legislation any proposal
brought before Sangsad is moved as bill. Bill may be of two kinds.
Treasury bill is moved by a minister and private bill can be
moved by any member. Proposal for seeking permission to move
any bill initially requires a notice. Then the bill is notified
in gazette. Then bill is accepted for consideration or is sent
to the standing committee or to the select committee. At that
stage discussion is made on the amendment on the bill. When a
bill is passed Speaker after due attestation sends it to President
for his/her assent. The President within fifteen days from its
placement gives his assent or sends it back to the Sangsad for
reconsideration. The Sangsad after reconsidering the bill again
places it to the President, and the President gives his assent
within seven days. In case the President fails to do so within
the specified time, the bill is deemed to have been assented
on the expiry of seven days. Then the bill turns to be a law.
But in case of money bill this procedure is not applicable. Money
bill cannot be placed before the Sangsad without the recommendation
of President. The money bill once passed in the Sangsad cannot
be sent back for reconsideration. The certificate of the Speaker
is final as to whether a bill is a money bill or not. Government
initiates a money bill or any bill which involves expenditure.
Every year a money bill with financial proposal of the government
for the next year is placed before Sangsad. The President gives
his assent to the money bill within fifteen days from its placement.
If he fails to do so, the bill is deemed to have been a law on
the expiry of the period.
At
the beginning of a financial year a statement of the estimated
receipts and expenditure of the government for that year is to
be placed before the Sangsad. Normally the Finance Minister places
budget to the Sangsad. Budget includes financial statement of
receipt and expenditure of the previous year, a picture of receipt
and expenditure of the current year and the financial demand.
The session of Sangsad in which budget is placed is known as
budget session. After the three stages-discussion, debate and
voting money bill is presented to the President for his assent.
But expenditure charged upon the consolidated fund cannot be
submitted to the vote of the Sangsad. Speaker allots separate
days to debate on every phase of a budget. As per clause 89(2)
of the Constitution demand for grants is passed in the Sangsad.
Sector-wise expenditure is mentioned in demand for grants. At
the next stage appropriation bill is passed. Entire government
fund is kept in the consolidated fund. Receipt of any money from
the consolidated fund needs appropriation from the Sangsad. No
amendment can be proposed in Sangsad to any such bill which has
the effect of varying the amount of any grant so made or altering
the purpose to which it is to be applied, or of varying the amount
of any expenditure charged on the consolidated fund.
Debate
is held among members of Sangsad on the address of President,
on any bill or proposal and any issue of public importance. In
debate members put argument in favour of their own deliverance
and cite argument countering others. There is no specific rule
on debate. Time is specified for debate. Debate ends on voting
or no-voting on the issue or on acceptance or rejection. Members
are to take part in debate as per parliamentary rules.
Usually
members of opposition parties in protest against some government
decisions or Speaker's ruling walk out from the House. Members
of government parties may also walk out. In parliamentary democracy
walking out is recognised as member's right. Normal proceedings
of Sangsad is disturbed due to walk-out. In order to draw the
attentation of the common people walk-out is done. There is example
of frequent walk-out of the opposition party in Bangladesh Jatiya
Sangsad.
In
parliamentary language 'boycott' means abandonment from Sangsad.
Members for specific demand or in protest of Speaker's decision
or ruling or on the issues of political movement against government
may boycott the House. Boycott practice is noticeable after 1990s.
In case of voting particular word is used to mean 'vote for'
or 'vote against' in the Sangsad.
Jatiya
Sangsad has its own secretariat for its official transactions
and businesses. It is vested with the responsibility of giving
notice of summoning the Sangsad, preparation of the list of members,
preparation of daily proceedings, to receive notice of question
and proposal, to prepare report and publish it, and other miscellaneous
services. The Sangsad secretariat is exclusively the establishment
of the Sangsad, not an organ or a department of the government.
Sangsad makes separate rules for the appointment of the officers
and employees of its secretariat and their terms of service.
:: Page
last updated 29-06-2005 @ 1800 GMT