Constitutional and Legal Foundations of Electoral Governance in Bangladesh and the Reform Implications of the July Charter 2025
作者
文件
摘要
This study examined Bangladesh’s electoral system by analyzing its constitutional structure, legal framework and recent reform initiatives by paying special attention to the Election Commission, the Representation of the People Order 1972 and the July Charter 2025. The aim of the study is to assess how legal design and institutional practice affect electoral integrity and public trust. However, a qualitative doctrinal research method has been applied in the study. It analyzed constitutional provisions, statutes and Supreme Court judgments as primary sources. It also reviewed peer-reviewed literature, policy reports and comparative studies as secondary sources. Drawing examples from India, Sri Lanka and the United Kingdom, a comparative constitutional approach was used. The analysis was guided by a three-pillar framework focusing on institutional independence, legal enforceability and electoral legitimacy. The findings of the study highlighted that constitutional guarantees of electoral independence are very weak in practical points of view. Legal loopholes and selective enforcement undermine the authority of the Election Commission. Moreover, the abolition of the caretaker government created institutional uncertainty rather than stability. However, the July Charter 2025 has identified some key reform areas, but it has few lacking in binding legal force. As a result, electoral legitimacy and public confidence may continue to decline. The study recommends strengthening the Election Commission through secure tenure and insulated appointments. It calls for comprehensive campaign finance legislation with strong enforcement mechanisms and also emphasizes timely judicial oversight during elections and constitutionally grounded reform implementation. Apart from some findings and recommendations, the study has some limitations like it relied on doctrinal analysis and secondary data and did not include any empirical fieldwork or survey evidence.
