| Bangladesh: Integrity Scorecard Report > Sub-Category: Legislative Accountability | ||
| Indicators | Score | |
| 29 | Can members of the legislature be held accountable for their actions? | 83 |
| 30 | Are there regulations governing conflicts of interest by members of the national legislature? | 14 |
| 31 | Can citizens access the asset disclosure records of members of the national legislature? | 33 |
| 32 | Can citizens access legislative processes and documents? | 75 |
Indicator and sub-Indicator Details
| 29 | Can members of the legislature be held accountable for their actions? | |||||||
| 29a: In law, the judiciary can review laws passed by the legislature. | ||||||||
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Comments: According to article 107, the Supreme court has rule making power. Article 107 states that (1) Subject to any law made by Parliament the Supreme Court may, with the approval of the President, make rules for regulating the practice and procedure of each division of the Supreme Court and of any court subordinate to it. (2) The Supreme Court may delegate any of its functions under clause (1) and article 113 to a division of that Court or to one or more Judges. (3) Subject to any rules made under this article the Chief Justice shall determine which Judge are to constitute any Bench of a division of the Supreme Court and which Judges are to sit for any purpose. (4) The Chief Justice may authorize the next most senior-Judge of either Division of the Supreme Court to exercise in that division any of the powers conferred by clause (3) or by rules made under this article. The Parliament makes laws, but individuals can bring legal action against any law or action which violates any fundamental right under article 26(1,2) & 102 of the constitution. The judicial power of the Republic is vested in the judiciary consisting of the Supreme Court and the subordinate courts. The guardianship of the Constitution is vested upon the Supreme Court which is invested with the power of judicial review. According to the article 113 of Bangladesh Constitution, the Supreme Court has also rule making power relating to appointment of personnel and to regulation of practice and procedure of each division subject to the approval of the President. of the Supreme Court and of sub-ordinate courts. Further, the Supreme Court has the authority to call on all executive and judicial agencies. References: Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. over phone. Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. over phone. Interview with Manzil Murshid, advocate of Supreme Court of Bangladesh. Rules of Procedure of Parliament of Peoples Republic of Bangladesh, [ LINK ] The Constitution of the People's Republic of Bangladesh. The Supreme Court of Bangladesh (Appellate Division) Rules, 1988.
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| 29b: In practice, when necessary, the judiciary reviews laws passed by the legislature. | ||||||||
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Comments: References: Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. over phone. Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. over phone. Interview with Manzil Murshid, advocate of Supreme Court of Bangladesh. Rules of Procedure of Parliament of Peoples Republic of Bangladesh, [ LINK ] The Supreme Court of Bangladesh (Appellate Division) Rules, 1988.
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| 29c: In law, are members of the national legislature subject to criminal proceedings? | ||||||||
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Comments: Rule 172 of the Rules of Procedure of Parliament of Peoples Republic of Bangladesh states that ( When a member is arrested on a criminal charge or for a criminal offence or is sentenced to imprisonment by a court, or is detained under an executive order, the committing judge, magistrate, or executive authority, as the case may be, shall immediately intimate such fact to the Speaker indicating the reasons for the arrest, detention or imprisonment of the member in the appropriate form set out in Schedule III . Rule 173 of the Rules of Procedure of Parliament of Peoples Republic of Bangladesh (I states that When a member is arrested and after conviction released on bail pending an appeal, or otherwise released, such fact shall also be intimated to the Speaker by the authority concerned in the appropriate form set out in Schedule III . Rule 174 of the Rules of Procedure of Parliament of Peoples Republic of Bangladesh states that No arrest shall be made within the precincts of the House without obtaining the permission of the Speaker . Rule 175 of the Rules of Procedure of Parliament of Peoples Republic of Bangladesh No legal process, civil or criminal, shall be served within the precincts of the House without obtaining the permission of the Speaker . Rule 176 of the Rules of Procedure of Parliament of Peoples Republic of Bangladesh As soon as may be, the Speaker shall, after he has received a communication referred to in rule 172 or rule 173 read it out in the House if in session or, if the House is not in session, direct that it may be circulated for the information of the members: Provided that the intimation of the release of a member either on bail or by discharge on appeal is received before the House has been informed of the original arrest, the fact of his arrest, or his subsequent release or discharge, may not be intimated to the House by the Speaker . References: Rules of Procedure of Parliament of Peoples Republic of Bangladesh, [ LINK ] Penal Code1860, Dhaka, Bangladesh The Code of Civil Procedure, 1908 The Anti-Corruption Commission Act, 1994.
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| 30 | Are there regulations governing conflicts of interest by members of the national legislature? | |||||||
| 30a: In law, members of the national legislature are required to file an asset disclosure form. | ||||||||
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Comments: Article 27A (2) of "The Conduct of Election Rules, 1972" states that A contesting candidate shall, within seven days following the withdrawal day, submit the statement of his assets and liabilities and his annual income and expenditure required under article 44AA (2) in Form XVIIB . References: Art. 27A (2) of "The Conduct of Election Rules, 1972", Dhaka, GOB. Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. over phone. Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. over phone.
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| 30b: In law, there are restrictions for national legislators entering the private sector after leaving the government. | ||||||||
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Comments: References: Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. over phone. Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. over phone. Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003.
Peer Review Comments: In most cases, legislators run private businesses during the time of their parliamentary tenure. According to media reports published immediately after the eighth Parliament came into being in 2001, only 12 percent of the lawmakers were professional politicians, while the rest were involved in private businesses.
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| 30c: In law, there are regulations governing gifts and hospitality offered to members of the national legislature. | ||||||||
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Comments: References: Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. over phone. Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. over phone. Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003.
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| 30d: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national legislature. | ||||||||
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Comments: Article 27A (2) of "The Conduct of Election Rules, 1972" states that A contesting candidate shall, within seven days following the withdrawal day, submit the statement of his assets and liabilities and his annual income and expenditure required under article 44AA (2) in Form XVIIB . There is no provision for the independent auditing of the asset disclosure forms of members of the national legislature. References: Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. over phone. Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. over phone. The Conduct of Election Rules, 1972, Dhaka, GOB.
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| 30e: In practice, the regulations restricting post-government private sector employment for national legislators are effective. | ||||||||
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Comments: References: Transparency International, Berlin, 2004, "National Integrity Systems Country Study Report: Bangladesh 2003." Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. over phone. Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. over phone.
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| 30f: In practice, the regulations governing gifts and hospitality offered to national legislators are effective. | ||||||||
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Comments: Till date, in Bangladesh, there is no Code of Ethics for the members of Parliament. References: Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003. Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. over phone. Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. over phone.
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| 30g: In practice, national legislative branch asset disclosures are audited. | ||||||||
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Comments: Article 27A (2) of "The Conduct of Election Rules, 1972" states that A contesting candidate shall, within seven days following the withdrawal day, submit the statement of his assets and liabilities and his annual income and expenditure required under article 44AA (2) in Form XVIIB . There is no provision for the independent auditing of the asset disclosure forms of members of the national legislature. References: Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. over phone. Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. over phone. Transparency International Bangladesh, Working Paper on Bangladesh Election Commission, Nov. 6, 2006, www.ti-bangladesh.org The Conduct of Election Rules, 1972, Dhaka, GOB.
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| 31 | Can citizens access the asset disclosure records of members of the national legislature? | |||||||
| 31a: In law, citizens can access the asset disclosure records of members of the national legislature. | ||||||||
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Comments: Article 27A (2) of "The Conduct of Election Rules, 1972" states that "A contesting candidate shall, within seven days following the withdrawal day, submit the statement of his assets and liabilities and his annual income and expenditure required under article 44AA (2) in Form XVIIB". This is open for citizens. Article 27 (1) of "The Conduct of Election Rules, 1972" states that " the document retained by the Commission (Commission means Election Commission) under article 42, except the ballot papers, shall be open to public inspection during office hours on payment of a fee at the rate of five taka (US$0.07) for each document". References: Rules of Procedure of Parliament of People's Republic of Bangladesh, [ LINK ] Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. over phone. Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. over phone. Interview with Manzil Murshid, advocate of Supreme Court of Bangladesh.
Peer Review Comments: The access is very limited.
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| 31b: In practice, citizens can access legislative asset disclosure records within a reasonable time period. | ||||||||
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Comments: Although according to the article 27 (1) of The Conduct of Election Rules, 1972", the legislative asset disclosure record are open, the officials of the Election Commission always refuse to give this kind of information, claiming the Oficial Secrets Act, 1923. References: Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. over phone. Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. over phone. SHUJAN-Shushashoner Jannoy Nagorik [ LINK ]
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| 31c: In practice, citizens can access legislative asset disclosure records at a reasonable cost. | ||||||||
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Comments: Although according to the article 27 (1) of The Conduct of Election Rules, 1972", the legislative asset disclosure record are open, the officials of the Election Commission always refuse to give this kind of information, claiming the Official Secrets Act, 1923. References: Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. over phone. Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. over phone. SHUJAN-Shushashoner Jannoy Nagorik [ LINK ]
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| 32 | Can citizens access legislative processes and documents? | |||||||
| 32a: In law, citizens can access records of legislative processes and documents. | ||||||||
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Comments: Article 27A (2) of "The Conduct of Election Rules, 1972" states that A contesting candidate shall, within seven days following the withdrawal day, submit the statement of his assets and liabilities and his annual income and expenditure required under article 44AA (2) in Form XVIIB . This is open for citizen. Article 27 (1) of "The Conduct of Election Rules, 1972" states that The document retained by the Commission (Commission means Election Commission) under article 42, except the ballot papers, shall be open to public inspection during office hours on payment of a fee at the rate of five Taka (US$0.07) for each document . Article 298 (2) of the Rules of Procedure of Parliament states that All papers and documents laid on the Table shall be considered public . Article 306 of the Rules of Procedure of Parliament states that The Secretary shall cause to prepare a full report of the proceedings of the House at each of its sittings and shall, as soon as practicable, publish it in such form and manner as the Speaker may, from time to time, direct. Article 309 (1 &2) of the Rules of Procedure of Parliament states that (1) The Speaker may authorize printing, publication, distribution or sale of any paper, document or report in connection with the business of the House or any paper, document or report laid on the Table or presented to the House or a Committee thereof. ; (2) A paper, document or report printed, published, distributed or sold in pursuance of sub-rule (1) shall be deemed to have been printed, published, distributed or sold under the authority of the House within the meaning of clause (4) of Article 78 of the Constitution." Article 310 of the Rules of Procedure of Parliament states that that The Secretary shall have custody of all records, documents and papers belonging to the House or any of its Committees or the Parliament Secretariat, and he shall not permit any such record, documents or papers to be taken from the [Parliament] without the permission of the Speaker . Article 312 of the Rules of Procedure of Parliament states that that The admission of strangers during the sitting of the House to those portions of the House which are not reserved for the exclusive use of members shall be regulated in accordance with orders made by the Speaker Article 313 of the Rules of Procedure of Parliament states that that The Speaker may, whenever he thinks fit, order the withdrawal of strangers from any part of the House . References: Interview with G M Kader, Former Member of Parliament (MP), Dhaka, September 06, 2007 at 10.30 a.m. over phone. Interview with Lt. Col. (Rtd.) Farouque Khan, Former Member of Parliament (MP), Dhaka, September 06, 2007 at 10.30 a.m. over phone. Rules of Procedure of Parliament of Peoples Republic of Bangladesh, [ LINK ]
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| 32b: In practice, citizens can access records of legislative processes and documents within a reasonable time period. | ||||||||
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Comments: Although according to the rules of procedure of Parliament the published documents are open, the officials of the Parliament Secretariate often refuse to give this kind of information claiming the Official Secrets Act, 1923. People collect this information or documents from MP (s)/officials with whom they have a personal connection. Radio Bangladesh and Bangladesh Television cast the whole and partial parliament session, respectively, but it is restricted for private TV channel to enter the parliament. References: Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. over phone. Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. over phone. SHUJAN-Shushashoner Jannoy Nagorik [ LINK ] Transparency International Bangladesh, Parliament Watch 2001-2006 , Feb. 12, 2007, Pwww.ti-bangladesh.org
Peer Review Comments: Legislative documents are still kept in a place where common people have limited access. Internet is not available to common people.
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| 32c: In practice, citizens can access records of legislative processes and documents at a reasonable cost. | ||||||||
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Comments: Although according to the rules of procedure of Parliament the published documents are open, the officials of the Parliament Secretariate often refuse to give this kind of information claiming the Official Secrets Act, 1923. People collect this information or documents from MP (s)/officials with whom they have a personal connection. References: Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. over phone. Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. over phone. Transparency International Bangladesh, Working Paper on Bangladesh Election Commission Nov. 6, 2006, www.ti-bangladesh.org Transparency International Bangladesh, Parliament Watch 2001-2006 , Feb. 12, 2007, P www.ti-bangladesh.org
Peer Review Comments: When the access is limited, the cost is definitely high.
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