19-05-2025
Ban on Awami League is a threat to democracy and political freedom in Bangladesh
Mohammad Yunus's interim government in Bangladesh has announced a historic yet controversial decision to revoke the registration of the Awami League, one of the oldest and largest national political parties. The registration was rescinded under Section 90B of The Representation of the People Order 1972, halting AL's political, electoral, and digital activities on the accusation that the party had been eroding democratic institutions through the course of its tenure since 2008. This was done ostensibly to ensure the safety of the activists and the witnesses testifying in the International Crimes Tribunal (Amended) and will remain in force till the trial is completed. Although national security has been cited as the justification, the ban can be seen as a rupture in the larger foundational beliefs of the nation.
The ban has come into effect by an executive order of the interim government. Through the 13th Constitutional Amendment Act, the system of non-party caretaker government (CTG) was introduced in 1996. Under Article 58B-D, CTG was to be temporary, neutral and non-partisan, with the primary responsibility of conducting free and fair elections within 90 days of the dissolution of the Parliament. The 15th Constitutional Amendment repealed this provision in 2011. The elimination of this article implies there is no constitutional basis for an interim or caretaker administration unless a state of emergency is formally declared under Article 141A–C, or the military takes over through martial law, which is not recognised under the current Constitution but has historically occurred. Therefore, the nature of this interim government is extra-constitutional or de facto, functioning as a transitional administration. The ban on the Awami League could be seen as ultra vires.
Without the people's mandate, this interim government has also made revisions to the national curriculum and textbooks of primary and secondary schools. The new textbooks attribute the declaration of Bangladesh's independence on March 26, 1971, to Ziaur Rahman and the title 'Father of the Nation', associated with Sheikh Mujibur Rahman, has been removed. The interim government has also constituted a nine-member Constitutional Reform Commission to draft the Second Republic Constitution.
A central tenet of democracy — and the accountability inherent in it — is derived from the people's mandate. The ban on Awami League effectively removes the public's ability to judge and choose their representatives through free and fair elections. It is also prejudiced along the following lines.
First, such aggrandisement fosters an authoritarian regime as it eliminates an opposition, and thereby, a necessary competition for ideas. It undermines the very idea of popular sovereignty as stated in Article 7 of the Constitution.
Second, the Awami League-led freedom struggle of Bangladesh was rooted in ideals of democracy, secularism, socialism, and Bengali nationalism. Thus, the spirit of 1971 embedded in the Constitution also faces erosion. The Awami League has a pan-Bangladesh presence and held a decent mandate except in the recent elections. The ban overlooks its historical legacy.
Third, the political backsliding in Bangladesh is not new. Bangladesh Nationalist Party (BNP), founded by military ruler General Ziaur Rahman in 1978, has a nationalist conservative ideological orientation, rooted in Islamic cultural heritage. While Jamaat-e-Islami's politics is ideologically rooted in Sharia rule, the BNP employs religion more strategically, invoking Islamic identity to counter the Awami League's cultural nationalism. During the BNP-Jammat rule from 2001 to 2006, the party faced similar allegations. Systemic attacks on opposition activists and radicalisation fostered a culture of impunity, where key BNP leaders and ministers were accused of shielding terrorists and criminals. These acts not only violated the basic tenets of democracy but also posed serious threats to national security, the very grounds now being invoked to justify the ban on the Awami League. Even though its position is evolving, the BNP had initially stated that the decision to ban AL should rest on the electorate.
Fourth, the new political party, the National Citizens Party (NCP), was officially launched on February 28 this year by leaders from the Jatiya Nagorik Committee and the Students Against Discrimination movement, both of which were central to the July 2024 uprising that led to the ousting of Prime Minister Sheikh Hasina. In essence, NCP originated from civil society movements, much like the Aam Aadmi Party in India. But, with its novel nature and limited organisational structure or ideology, the party remains issue-based, making it challenging to sustain electoral momentum. The chances of it emerging as an enduring alternative remain low. It risks remaining reactive, rather than programmatic, as it lacks a vision of foreign policy and economic structuring beyond governance reform. Thus, it is in its interest to minimise electoral competition by eliminating AL from the process. Jamaat, an arch rival of Awami League, also seems to share NCP's views: It opposes elections before the trial of Sheikh Hasina and the completion of political reforms.
Democracy is not just about elections: It also entails inclusive representation, respect for dissent, civil liberties, and the rule of law. It withers when opposition and pluralism are slowly suffocated. The ban on Awami League signals a breakdown of democratic norms. While it may offer temporary satisfaction to those opposing the party's vision and ideology, it risks severe consequences for Bangladesh's democratic future and political stability, including persecution and forced migration of minority communities and moderate secular Muslims.
Reintegrating the Awami League into the electoral process would offer voters a genuine choice and restore accountability through ballots rather than bans. If the party is fairly defeated, it would grant democratic legitimacy to the victors, allowing the BNP, NCP, and other parties to govern with credibility. Therefore, Bangladesh's future should be determined through free, fair, and meaningful elections, not executive decrees. As a responsible regional power, India also advocates for adherence to established legal procedures to ensure a democratic and stable Bangladesh.
The writer is professor, School of International Studies, JNU
