Floor Crossing under the Bangladesh Constitution is not democratic but a pure autocratic policy

Floor Crossing under the Bangladesh Constitution is not democratic but a pure autocratic policy: Analyse

1.0 Introduction:

As per the constitution of Bangladesh a member of parliament has no power to vote against his party. Article 70 of the Bangladesh Constitution says: “A person elected as a Member of Parliament at an election at which he was nominated as a candidate by a political party shall vacate his seat if he resigns from that party or votes in Parliament against the party.”¹ This act has taken away the basic right of an MP to stand against any party decision which he/she perceive is against the goodness of general people. In other word the article has prohibited any chance of “Floor Crossing” (also known as Political Deflection).

Switching party (floor crossing) and casting vote against own party mean losing membership. By incorporating this explanation, the MPs’ freedom was curtailed absolutely giving them no alternative, but to follow the party decision.

Anti floor crossing law in the subcontinent is very common. Both India and Pakistan have this law in their constitution. But this law is rare in developed democratic country. Few year back South Africa also introduced this law.

However, there is a lot of debate about floor crossing and anti floor crossing law both in home and abroad. But how do this act and law affect democracy of a country like Bangladesh?

We know in the parliamentary democracy, Parliament is the key place where debate takes place that means different opinions come from the Member of Parliament. They have right to oppose anything which may not serve the interest of the people of the country. They have the right to abstain from voting, or can vote against any issue when they want and also can leave the party.But Article 70 of Bangladesh constitution does not allow the MPs to enjoy this right. As a result question arises, is it not violating the basic right of democracy?

2.1 Floor Crossing: A Global Perspective

While floor crossing or party switching is relatively rare in most countries, it has been common in many countries, including Japan, Bolivia, Ecuador, Russia, the Philippines, France, Italy, and Brazil. Some authors regard party switching as an issue limited to new, developing, or non Western democracies.⁵ But floor crossing is there in European countries. Even in the United States, with its stable two-party system, 20 members serving in the House and Senate from 1947 to 1994 changed their parties while in office—16 switching from Democratic to Republican.

2.2 Floor Crossing: Bangladesh Perspective

From the Pakistan period, members of different political party had been crossing the floor for different kinds of reasons. They switched the party sometimes for self interest and sometimes for the public interest. specially, in the Pakistan period, most of the Bangladeshi leaders crossed the floor in protest of the oppression and unholy way of applying power against them by the Pakistani leaders. Though after the independence, floor crossing was made illegal by constitution.

3.0 Anti Floor Crossing Law

3.1 In Bangladesh:

After the independence the newly formed government wanted to put a tight control over the party members. As a result it introduced a draft of article 70 which had provided that a member of parliament would lose his membership if he resigns from (switch the party) or is expelled by the political that nominated him as a candidate at the election. In modification, the issue of expulsion from the political party, which was one of the grounds for losing membership, was omitted. Instead, a new clause was incorporated in the article 70. The new clause imposed restriction on MPs to cast votes in parliament against the party that nominated him at the election. If one does it, s/he would lose membership.⁹ As a result, MPs were not allowed to cast votes against his/her own party line in parliament regardless of the party’s decision whether it is right or wrong. So, through article 70 anti-floors crossing (anti-defection) law was introduced in the country.¹⁰

3.2 In other countries:

It is difficult to determine exactly which nations had anti-defection laws and which still had them as of today. Malhotra’s list of 23 nations provide a useful start, but two of his countries (South Africa and New Zealand) rescinded their laws. The International Institute for Democracy and Electoral Assistance (IDEA) uncovered more nations in its survey of party officials in 64 developing democracies identifying 41 countries with anti-floor crossing laws.¹²

3.3 In India and Pakistan:

In our neighboring country India and Pakistan anti floor crossing law is also found. But, in these two countries the law is more logical and practical. According to the constitution of Pakistan only in the case of election of the prime minister, motion of confidence and money bill if someone votes against the party or do not attend in voting for the party then only he or she loses his or her own seat or membership. In India there is a specific rule to vote against one’s own party, and if someone breaks that specific rule without permission then only he is considered as guilty. ¹³

4.0 Floor Crossing: Good or Bad for Democracy

4.1 Why Floor Crossing?

Floor crossing provision strengthens the role of the individual and also his or her links to the constituency. In this case, party discipline may be weakened, and some argue that individual Members of Parliament are less likely to seek consensus with party members and in the parliamentary group if they have the option to leave the party but to keep their seat at the same time. Floor-crossing is also seen by some as a justified way to respond to a changing political context and something that should be part of a dynamic and vivid party democracy.¹⁴ Moreover, floor crossing can be considered an integral part of democracy because of the following reasons:

4.2 Why Anti Floor Crossing Law?

One can argue that internal party democracy and consensus-building are strengthened if crossing floor is prohibited by law. If there are disagreements in the party or parliamentary group, the individual MP may be more inclined to try to solve the problem if the seat is held by the party and does not belong to the MP. ²⁰

Moreover, Floor-crossing tends to the ruling party and thus the government. An already weak opposition may shrink considerably through floor-crossing, which can have a negative impact on the balance of power and foster a climate of political instability and insecurity. Intensive floor-crossing of Members of Parliament leads to a low accountability in politics and may affect the legitimacy of the government.²¹

Extensive floor-crossing undermines the principle of Proportional Representation, where votes are proportionally translated into seats. When a Member of Parliament crosses the floor, the balance of representation that is determined by the voters is distorted. It is sometimes argued that floor-crossing violates the will of the voters and their right to choose between the candidates of one particular party. Voters do in fact rather elect candidates on the basis of party affiliation than on the basis of pure candidate preferences in most of the cases. The representatives should therefore not be free to choose party membership by themselves without regard to the voters.²²

A high level of floor-crossing may reinforce alienation towards politics, mirrored in a decreasing voter turnout among the population in a country. Voters may feel unrepresented and ignored and have no trust in the accountability and honesty of politicians. A lack of trust of the citizens in politics and the political system is fostered.²³

5.0 Anti Floor Crossing Law and Democracy: Perspective Bangladesh

5.1 Present Scenario:

It is clearly that parliament can never function effectively unless the relationship between a legislator and his party leadership is not characterized by two-way channel and decisions within the party are not taken through consensus in a participatory method. The parliament can never contribute substantively if the party hierarchies adopt policies without participatory discussion and impose the decision on general members — there even remains a chance of revolt by the legislators against the party and its decisions.²⁴

Different opinions in the media show that members of parliament in Bangladesh seem to be absolutely at the mercy of the party’s hierarchy and operate under their directions. We are experiencing the fourth parliament in Bangladesh after the historical victory against military rule in 1990 but witnessing the same sad story where the members of parliament vote mechanically for their respective parties and have little independence.²⁵

So, it is apparent that anti floor crossing law or article 70 is a big challenge for the democracy of the country. But question arises, is the political environment strong enough to approve floor crossing?

5.2 Weak Party Politics System:

Weak political party system has made the parties instable. There are about a hundred political parties in Bangladesh. Most of these are small, fringe parties. Politicians have continued to alter positions whenever that is needed in order to attack their opponents or increase their own electability.²⁶ From long before the independence, the political leaders are misusing the

5.3 Public Ignorance:

Most of the people of Bangladesh are illiterate. They are easily deceived by the political leaders. However, an alarmingly sizable portion of the Bangladeshi public remains uninformed or vaguely informed of the country’s political happenings. Many in the group know that lies and flip-flops fill the inner depths of politics, but they are unable to comprehend the extent to which this holds true.²⁸ As a consequence, floor crossing most of the times helps the political leaders to uphold their interest sacrificing the public interest. If the floor crossing were allowed there could be possibilities that the political leaders would switch their party more often when they could see an opportunity of self interest which could make the politics more volatile.

5.4 Unstable National Politics:

Even after four decades of its independence, Bangladesh continues to be overwhelmed by political instability and economic uncertainty. Contemporary Bangladesh is at a turning point and in the midst of domestic problems. This could potentially undermine its stability. It only reflects major weaknesses in political governance and deterioration of the environment of the polity and failure to protect the rights and freedom of the country’s citizens.³⁰ So, floor crossing is not supposed to have the expected result.__________________

²⁷ see https://www.lawyersnjurists.com/resource/articles-and-assignment/floor-crossing-law-under-bangladesh-constitution/

²⁸ see Bangladesh politics: The art of trickery and flip-flops(available at http://www.thefinancialexpress-bd.com/more.php?date=2012-02-11&news_id=98020)

²⁹ see Parliament and Political Parties: culture of impasse and way forward, Forum, The Daily Star, and Volume 5 Issue 11| November 2011

³⁰ see Bangladesh politics: The art of trickery and flip-flops (Available at http://www.thefinancialexpress-bd.com/more.php?date=2012-02-11&news_id=98020)

6.0 Anti-Floor Crossing Law and Autocracy

No matter what are the drawbacks of Floor Crossing, anti Floor Crossing law cannot be appreciated in parliamentary democracy. In democratic society everyone has a right to express his/her opinion. If this right is taken away no longer the society is democratic. It turns into autocratic society. In the name of democracy our political parties are playing with people. They talk about the democratic rights of the people but does not provide right to its members. Since the independence of the country, political parties are ruling the nation in an autocratic manner and to legitimate their autocratic power they have created the constitution and amended it. So the MPs are becoming puppet of the parliament show. They just act according to their party will. This is not democracy, rather this is pure autocracy. And this cannot continue any longer.

7.0 Conclusion:

Bangladesh needs political parties which will be responsible to the parliament and to the people. If it happens then we do not need article 70 or anti-floor crossing law. But changing this law does not mean everything. We have to change our political culture. However, for the sake of democracy and to establish a free and fair parliament system we do not have any alternative rather than removing the law. The ruling AL in its electoral manifesto pledged that MPs will be allowed to express differing opinions, except for some specific subjects related to the security of the state. But the AL-led government has yet to make any move to this effect in last three years of assuming office after the December 29 of 2008 parliamentary election. Nobody knows how long the dark shadow of article 70 will remain in force, making the people’s representatives subservient to the political parties. In contrast, the executive branch has been consolidating its position in all unholy ways, making imbalance of power and diminishing the prospect of good governance. Nothing can contribute significantly to transform the parliament into country’s supreme political institution to represent the people’s will until MPs are set free from the tight rein of the political parties.

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