DECLARATION

This paper has been written based on secondary research as a course requirement of LAW: 200 (Business Law). No portion of this work has been submitted before in this or other University for any course or degree requirement. All the data presented here is authentic.

QUESTION

A member of parliament has no power to vote against his party as per the constitution of Bangladesh. If he/she votes against the will of his party, though the will is malafide, he/she will lose his seat in the parliament- do you think this sort of hindrance is a strong barrier for cultivation of real democracy which in turns appreciate the tendency of dictatorship?

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ABSTRACT

This paper focuses on an important issue of our constitution which prohibits the Members of Parliament (MPs) of the country to vote against his/her party. This paper also discusses about the concept of Floor Crossing and Anti - Floor Crossing law in Bangladesh as well as in South Asian and global perspective. Moreover, what are the rationales behind the floor-crossing and anti floor crossing law, and what are the possible effects of these issues on the democracy, especially in a third world country like Bangladesh, are discussed here in this essay. This is Article 70 of the constitution which has made it impossible for an MP to raise his/her voice against the party will even if it is destructive for the country. In a western democratic country this kind of act is rare. In participatory democracy, people vote an MP to represent them in the parliament and talk for them. They want the MPs to protest for them against any act of the party which is supposed to bring negative consequences for the people, for the country. But as the constitution does not allow floor crossing MPs act like a doll of the party will in fear of losing his/her seat. However, in democratic society general perception is that an MP should be able to raise his voice or vote according to his sense of right and wrong even if it goes against his party decision. Even he/she can cross the floor if he/she wants. It is his/her democratic right. This paper explains how anti-floor crossing law is working as a strong barrier for cultivation of real democracy and appreciating the tendency of dictatorship.

Keywords: Floor Crossing, Anti Floor Crossing Law, Article 70, Democracy, Dictatorship.

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TABLE OF CONTENTS

Topic

Page No.

Introduction. 01 Floor Crossing: A global perspective...02 Floor Crossing: Bangladesh perspective..02 Anti Floor Crossing Law..02 In Bangladesh...02 In other countries..03 In India and Pakistan03 Floor Crossing: Good or Bad for Democracy..04 Why Floor Crossing? ..................................................................................................04 Why Anti Floor Crossing Law? ..................................................................................05 Anti Floor Crossing Law and Democracy: Perspective Bangladesh...06 Present Scenario.06 Weak Party Politics System06 Public Ignorance.07 Unstable National Politics...07 Anti-Floor Crossing Law and Autocracy.08 Conclusion....08 References09

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ABBREVIATIONS

AL: BNP: MP: JS:

Awami League Bangladesh Nationalist Party Member of Parliament Jatiya Sanghsad (National Parliament)