Dissertation

RESEARCH MONOGRAPH
ON
Local Government in Bangladesh: Participatory Democracy
Submitted To
Dr. Chowdhury Ishrak Ahmed Siddiky

Assistant Professor and Coordinator
Department of Law and Human Rights
Submitted By
Md. Ahsanul Karim
Reg. No- 18109012
Program- Masters of Laws (regular)
Date of Submission: 08.09.2018

Table of Contents
Acknowledgement
Abstract
Abbreviation
Chapter One: Introductory Chapter 01-08

1.1 Statement of the Problem……………………………………………………………....01
1.2 Research Question……………………………………………………………………...02
1.3 Objective of the thesis………………………………………………………………….02
1.4 Literature review………………………………………………………………………..02
1.5 Analytical Framework………………………………………………………………….05
1.6 Limitation of the Thesis………………………………………………………………...07
1.7 Structure of the thesis…………………………………………………………………..07
The Concept of Local Government and Participatory Democracy 09-15
2.1 Introduction…………………………………………………………………………….09
2.2 Definition of Local Government……………………………………………………….09
2.3 Structure of the Local Government in Bangladesh…………………………………….11
2.4 Importance of the Local Government………………………………………………….12
2.5 Basic Features of the Local Government………………………………………………13
2.6 Whether Unelected Local Government is Permissible or Not………………………....13

2.7 Conclusion……………………………………………………………………………..15
Chapter Three: Historical Background of Participatory Democracy in Local

Government in Bangladesh 16-16
3.1Introduction…………………………………………………………………………….16
3.2 British period (1765-1947)……………………………………………………………17
3.3 The Pakistan Era 1947-1971…………………………………………………………..19
3.4 Independent Bangladesh……………………………………………………………….20
3.5 In different regime……………………………………………………………………...20
3.6 Conclusion……………………………………………………………………………..23
Chapter Four: Constitutional Stand and Functions of Local Government in

Bangladesh 24-33
4.1 Introduction……………………………………………………………………………24
4.2 Constitutional Obligation and Practice………………………………………………...24
4.3 The structure of Local government in Bangladesh…………………………………….27
4.4 Composition and functions of Zilla Parishad………………………………………….28
4.5 Formation and Function of Urban Local Government………………………………...32
4.6 Role of Democracy……………………………………………………………………..33
4.7 Conclusion……………………………………………………………………………..33
Chapter Five: Present Situation in Bangladesh in relation to Democratic
Participation in Local Government 34 -43
5.1 Introduction……………………………………………………………………………34
5.2 In different Political regimes…………………………………………………………...34
5.3 Permissibility of unelected/undemocratic Local Government…………………………41
5.4 Conclusion……………………………………………………………………………...43
Chapter Six: Concluding Chapter 44-48
6.1 Findings of the Thesis………………………………………………………………….44
6.2 Recommendations ……………………………………………………………………...46
6.3 Conclusion……………………………………………………………………………..47
Bibliography…………………………………………………………………..49
Acknowledgement
I wish to express my deepest appreciation to my honorable Teacher Dr. Chowdhury Ishrak

Ahmed Siddiky, who gave me the opportunity to work with him as research student. I am very
much grateful to him for his proper guidance, helpful discussion, constructive criticism,
invaluable editorial assistance and advice during the preparation of this research paper. Without
his help, it was almost impossible for me to complete this research work. I would like to convey
my solemn gratitude and special thanks to him for his unending support, patience and
encouragement during this endeavor.
I would like to acknowledge with gratitude my indebtedness and deep gratefulness to all other
honorable teachers of Department of Law, University of Asia Pacific for their utmost help and
valuable suggestion during the making of this research paper.
I want to express my thankfulness to all librarians who provide me the extra facility by giving
additional books and valuable reference books which help me much to prepare this research
paper.
Finally, the Almighty Allah who gives me strength to complete this research paper properly.
Md. Ahsanul Karim
Reg. No- 18109012
Program- Masters of Laws (regular)

Abstract
Effective local governance is sine qua non with functional democracy. It is imperative to have
functional local governments if our nascent democracy is to be consolidated. For ensuring
effective local government system there should be an effective election process. For the first
time, local government (Pouroshava) elections are going to be fought on party symbols.
Replacement of non-partisan local government elections with mixed partisan ones would neither
make the system more functional nor democratic. This study is an effort mainly to know about
the positive and negative aspect of the partisan election of the local government in Bangladesh
and provide a comprehensive solution in order to strengthening local government election
process. Various challenges rigorously restricted the local government election process as well as
have some legal complexity like floor crossing. Moreover different scholar’s views have been
incorporated so that a comprehensive reform strategy can be provided properly. Most of the
states all over the world with democratic views have got three organs to operate internal and
external activates. These are popularly known as executive, judiciary and legislature. Executive
holds the power to make administrative actions over whole country. But it is always not possible
for the central government to look after all the provinces or districts with regard to their
necessities. Hence, function of local government plays vital role for a country. Local government
is a form of public administration which, in a majority of contexts, exists as the lowest tier of
administration within a given state. In Bangladesh recently, the supreme law of the land provides
provisions for having local government in its lower level of administrative sectors. Previously, to
regulate the functions of local government with their election as well as selection process, a law
was needed which could give shape to the local government of Bangladesh. Currently a new law
has been enacted over this on party basis election with a view to proceed for challenges and also
for exploring various scopes local government in serving the nation. Present research paper will
try to focus over the partisan election of local government in Bangladesh in relation to its
challenges which may be faced in the procedure of party symbol election and way outs which
may solve those situations to get a lawful and fair Election.
Abbreviation
AUDP- Annual Upazilla Development Program
CEO- Chief Executive Officer
CO- Circle Officer
DC- Deputy Commissioner
HCD- High Court Division
LGED- Local Government Engineering Department
PIC- Project implementation Committee
PIO- Project Implementation Officer
SDO- Sub Divisional Officer
TDC- Thana Development Committee
TDCC- Thana Development Coordination Committee
UNDP- United Nations Development Programme
UNO- Upazila Nirbahi Officer
UP- Union Parishad
UZC- Upazila Chairman
UZDCC- Upazilla Development Coordination Committee
UZP- Upazila Parishad
UZVC- Upazilla Vice Chairman

CHAPTER ONE
INTRODUCTION
1.1 Statement of the problem
An autonomous local government system is one of the most vital institutions of democratic
governance. Strong local government institutions strengthen democracy, ensure good governance
and at the same time speed up the pace of political and socio economic development of the
country. But in Bangladesh the desired combination and co-ordination in local level planning is
non-existent due to the absence of any clear direction from the central government. Proper
collaboration among the field services in the upazila administration does not exist due to the
unusual relation between the upazila and the national government including central control and
the involvement of the multiple agencies of the central government. Another major problem is
that the development programs in the rural government system are not being clarified from the
ministries concerned and by the agencies. There is also conflict between the different tiers of
local government in respect of authority and resources. The local government in Bangladesh has
always been institutionally and financially weak, poorly managed and lacked social and political
support. Limited powers, functions and jurisdictions of local government are delegated by central
government which controls the effectiveness of the local government.
The local self governing bodies in Bangladesh are in continual shortage of funds. The sources of
their funding such as tax, budget and allocation of money and projects have been control by the
central government through its administration. The superiority of the MPs is increased over the
chairman and vice chairman of the local bodies which derives it into an ineffective nature. The
National Institute of Local Government (NILG) is neglected and has low status. It has treated as
an attachment of the Ministry of Local Government and Rural Development. The government
should encourage the local government institutions not to control them.
Elected local government should be self governing and independent of the executive and the
local administration should be under the control of the local government. But in Bangladesh
every government has kept colonial mentality to nourish this institution. What we have now are
not local government, they are simply an executing arm of the national government.
1
1.2 Research Question
How effective are laws in promoting the functions of local government?
1.3 Objective of the thesis
The main objective of the thesis is to find out a clear conception about the participatory
democracy of local government in Bangladesh. This study is necessary to identify the problems
of the local government institutions considering its function and role. The study also required to
find out the way to strengthen local government, to find out the problems relating to activities
different organizations of local government. It will focus on the barriers of the local government
usually faces in making decisions. It tries to draw opinions about the probable mechanisms to
stop political interference in local government functioning.
1.4 Literature Review
There are number of literatures available where intellectuals has discussed about the activities,
present structure, function, short comings of the Local Government institutions of Bangladesh. A
concise literature review is being presented based on those findings.
Kamal Siddiqui discusses that, reformation of the local government has been discussed in wider
sense like the tired of local government, the relationships between local government and national
government, role of local government in land management etc1. Author concluded that, the tax
base of local bodies has to be sufficiently enlarged. The local bodies should make the best use of
tax within their competence. The management of local bodies should be made more efficient by
recruiting qualified persons and organizing skill oriented training for the employees. The terms
and conditions of the services should also be made effective.2 Siddiqui further added that
adequate manpower is not available at all levels of local government3. In the absence of required
1
Kamal Siddiqui, Local Governance in Bangladesh; Leading Issues and Major Challenges, (Dhaka University Press
Limited, 2000)
2
ibid
3
ibid
2
functions, the administrative and development activities of local government bodies are
hampered. This is very much evident in the case of union parishad, where the secretary, the only
representative of union parishad, is required to attend all sorts of activities of the parishad, as
clerk, tax collector, and superintendent of records, besides helping the chairman in dealing with
regular administration of the parishad. 4
Thus adequate number of personnel should be appointed to perform regular activates of local
government bodies. This appointment should be based on competency and corruption or political
consideration is not acceptable.
Kamal siddiqui also states that, Non-conformity in the tires of local government during regimes
of different government was found.5 Thus local government is failing to provide sufficient help
to the people.6 Talking into consideration the historical and current financial, administrative and
political realities of the country, it appears that we can now realistically afford a two tier local
government structure comprising of the union parishad and upazila parishad. In Bangladesh local
government bodies are not independent of the national government.7
According to the Local Government Commission Report, people are not in position to involve
with the decision making process of local government bodies.8 It should be borne in mind the
accountability of local government bodies cannot be ensured without the participation of the
republic. Besides this, an independent authority should be formed to monitor the activities of
local government bodies.9 The Local Government Commissions Report also recommended the
establishment of a permanent commission.
There is a lack of public participation and accountability in local government bodies. Public
participation should be ensured with a view to making local government bodies effective. But at
present public participation is only evident at the time of election of local government bodies.
Dr. Tofail Ahmed discusses that, though Local Government in Bangladesh has a hundred years
of history behind it and many organizations have been initiated to strengthen its role and
4
See supra note 1, p-200
5
ibid
6
ibid
7
Ibid,p-342
8
Ministry of LGRD ,Government of Bangladesh, summary of the Local Government Commission Report, 1997, p-21
9
ibid
3
functions but still its remain a very week and ineffective social and political organization. 10 The
institution has lost the traditional role. The central state in Bangladesh is founded on a very week
class base due to the absence of single dominant class in the society11. In this situation local
government is used as an instrument to revive the weak coalition, build new social relations and
overcome the legitimacy crises.12 The local government institutions which are already exists in
Bangladesh have been greatly ignored field offices of central government and service providers
are confused, disorganized and left no action. The author further states that, the elected
representatives of the institutions are made sub agents to the Members of Parliament in their
respective area as they were given the executive authorities over the offices of field level as well
as the Upazila Parishad.13 The author also states that, a strong Local government is essential for
ensuring the sustainable development, having the target of mitigating the poverty and developing
other democratic institutions in the country. Inadequate resource allocation to local government,
lack of capacity of concerned local government representatives in work plan and poor
mechanism for citizen engagement lead to ineffective local government systems in most of the
developing countries.14 Author concluded that, Local Government should be regarded as
government of small areas and not an agent or client of central government. It should be allowed
to require freedom and autonomy.15
In the case of Kudrat-E-Elahi Panir V. Bangladesh Justice Shahabuddin Ahmed states that, Local
Government is meant for management of local affairs by local elected person. 16 If the
government officers and their henchman are brought to run local bodies, there is no sense in
relating them as local government bodies.
Justice Mustafa Kamal states that, Local Government as a concept and as an institution is known
to have possessed certain common characteristics, namely, local elections, procedure for public
10
Dr. Tofail Ahmed, Decentralization and The Local State; Political Economy of Local Government in
Bangladesh,2012,Pp-33
11
See supra note 10
12
ibid
13
Ibid,p-324
14
Ibid,p-330
15
Ibid,p-348
16
Kudrat-E-Elahi Panir V. Bangladesh, 44 DLR (AD) 1992 ,P-336
4
accountability, independent and substantial source of income, clear areas for independent action
and certainty of powers and duties and the condition under which they would be exercised.17
1.5 Analytical Framework
i. The first criterion of my dissertation is the role of the Government. I will try to examine
its functions and participation at local level policy planning. I will try to find out the
obstacles and conflicts in the inter personnel relationships of the government. Local
Governments definitely have a major role in socio-economic development of the grass
roots people, but at times their finances are spread thin due to a very large number of
socio-economic activities they are expected to perform. Due to lack of local finances they
are dependent on central government and that is crucial and sometime may lead to
corruption for centralized control over local government is used to bringing political
benefits to the national ruling party. I will try to find out the solutions to recover from the
fund problems and problems relating to political interference of central government over
the local government institutions. In the existing system, local government bodies are
subject to strong control from higher-level authorities, especially from the central
government. In the case of Union Parishad, there used to be a dual control and
supervision exercised by both Upzila Parishad and the central government. In the recently
approved system, however, control only comes from the central government, such as
auditing of income expenditures. In the case of Upazila Parishad and Zila Parishad,
similar controls prevail. Thus there are several impediments on the way of strong local
government institutions in Bangladesh. These are, absence of real autonomy; financial
control over local bodies; excessive controlling by central government; over controlling
by the administrative official; limited budgetary allocations; problems of decentralisation;
problem related to present Upazila system; interruption of politician; lack of training;
improper personnel system. Confusion and disruption of sustainable development
planning obstruct the possibilities of developing local government. In their efforts to
continue in power, the rulers do not want to reorganize local government without
ensuring that the changes will favor them. In order to introduce major changes, the
17
44 DLR (AD) 1992, P-341-342
5
traditionally powerful groups in the localities must be persuaded to work with the
government. In most cases, the government does not have concrete plans of its own, and
major changes become all the more difficult.
ii. The second criterion is the role of the Constitution. Bangladesh has a long and eventful
tradition of local government. The structure and functions of local government have been
evolved in consonance with socio-economic and political transformation of the country.
Nevertheless, the Bangladesh Constitution (Articles 9, 11, 59, and 60) made provisions
for establishing local government as an inseparable organ of administering state affairs to
safeguard democratic values and to secure economic and social justice.
These four articles of the constitution together constitute the supreme source of all laws,
ordinances, and rules relating to the local government system of the country. Yet, one
potential conflict arises from Bengali and English versions of those provisions of the
constitution. Though the English version mentioned the terms ‘local government’ and
‘local government institutions’, the Bengali version interpreted them as ‘shtaaniyo
shashon’ (local administration) and ‘shtaaniyo shashon shoncranto protisthan’ (local
administrative institutions) respectively. These interpretations do not reflect the spirit of
local self government. This conflict is a persistent threat for sound policy prescriptions
for establishing strong local government system in Bangladesh.
iii. The next criterion is the role of the Member of Parliament because at present members of
parliament are important person in the local government bodies. They have been the
advisors to the local government bodies. Section 30 of the Zila Parishad act, 2000 and
section 25 of the Upazila Parishad Act, 1988 provides that members of parliament should
be the advisors of Zila Parishad and Upazila Parishad. Their presence as advisors in
necessary because they are generally aware of the local problems as they live near to the
people of their constituencies18. There are three dimensions to MP’s role in the issue of
local governance: i) lobbyist for the constituency to central government ii) development
18
See supra note 1 ,p-233
6
agent for the constituency, and iii) grievance redress channel for local conflicts and
tensions. A development role of the MP at the local level clearly has e political rationale
but the issue is how such jurisdictions are politically defined so as not to enfeeble local
government institutions. The optimal development role of the MP at the local level has
the following components i) no formal selection or approval role over local government
projects but informal roles of suggestion and monitoring ii) control over a formally
specified sum of central government funds for local development for purposes of
emergency schemes as well as innovative schemes iii) the MP’s right here to select and
monitor but technical screening and implementation will be through regular local
government institution channels.
1.6 Limitation of the thesis
This research has some limitations in true sense. The limitations reduced the scope of the study.
The main limitation of the study is the time binding's work. The time is not enough for the study.
To create any good research on any topics and subject, that time prerequisites sufficient
instrument and enhance more books in university library but our library is not sufficient for
making this research.
There was no specified and proper guideline regarding the thesis. The materials relating to this
topic are backdated. That is another important limitation of this study. This study was greatly
held back as information was inadequate on this issue. On the other hand the local government
institutions are not interested for sharing their information related to this topic which is necessary
for this research work.
1.8 Structure of the thesis
Chapter two will discuss about the concept of local government which will be the key feature of
the dissertation. It will lighten up the concept of democracy as well as participation. It will also
have the discussion about the silent features of local government.
7
Chapter three will provide some perspectives regarding the history of Local Government in
Bangladesh. In this chapter, the historical overview including the British period and the Pakistan
period of local government system will be linked to the current systems. The different regimes of
government system and historical era will also be discussed in this chapter. The consistent
overview of the development of local self government system will be discussed in this chapter
Chapter four will evaluate the functions of Local Government in Bangladesh. This chapter will
also include the function and formation of the rural-regional local government. This chapter will
discuss about the role of the participatory democracy and description of the constitutional stand
about local governance and the chapter will provide the composition and function of the three
tier local governing bodies such as Union Parishad, Upazilla or Thana Parishad, Zilla Parishad
and Pourashava.
Chapter five will focus on the present challenges of local government. It will broadly discuss
about the lacking of local government. It will further include the problems of decentralization
and women empowerment in local government institutions till 19th century to the present day in
different government.
Chapter six will finally present a general conclusion. This chapter will provide a synopsis of the
background including the strength and weakness of the local government in Bangladesh and
identify the specific problems addressed in the dissertation. It will provide the findings of the
problems found during the work of the thesis an it will also give summaries of the main
arguments and suggestions for better development.
8
CHAPTER TWO
The Concept of Local Government and Participatory Democracy
2.1 Introduction
Local government in Bangladesh plays an important role to in development of living standard of

living of the people and also it gives judicial remedies through the village. And beside that
participatory democracy is a modern system of governance and it is a process emphasizing the
broad participation of constituents in the direction and operation of political systems.
Participatory democracy strives to create opportunities for all members of a population to make
meaningful contributions to decision-making, and seeks to broaden the range of people who have
access to such opportunities. In this chapter, definition of Local government, its features,
definition of democracy, participation and the synchronization of these two concepts will be
discussed.
2.2 Definition of Local Government
Local Government can be defined as the government below or as the government organized
locally. The United Nations Organization (UNO) defines Local Government in the following
way “The term Local Government refers to a political Subdivision of a nation or a state which is
constituted by law and has substantial control over local affairs, including the power to impose
taxes, on exact labor for prescribed purposes. The governing body of such an entity is elected or
locally selected”.19 It is not a subordinate unit of the contract or a provincial government formed
for more administrative purposes. Moreover, it is an integral part of the Government created for
Self- Government within its competence.20 Local Self-Government means such Government,
which is formed and empowered by law in a small range of certain geographic area to meet the
19
Kamal Siddiqui, Local Government in Bangladesh, Revised 3rd Edition 2005, The University Press Limited.
20
Islam, Mohammad Tarikul, “Importance of Local Self- Government for the Promotion of Democracy Bangladesh
Perspective”, in Journal of Public Administration Quarterly, vol. 31, (2004).
9
local demand.21 It is recognized not only by the laws but by the constitution also. According to
article 11 of the constitution effective participation by the people through their elected
representatives in administration at all levels shall be ensured. Local government is formed at
lower levels or locally formed. By Local Self-Government we mean the administration of Local
areas run by its selected representatives.22
Local government, in simple words, can be defined as an integral part of central government
which is established through locally elected representatives to facilitate welfare activities
delegated lawfully. Being a bridge, it connects local people with central government providing
services and grants. “It is meant for management of local affairs by locally elected persons. If
Government’s officers or their henchmen are brought to run the local government bodies, there is
no sense in relating them as local government bodies”.23 It emphasizes on effective participation
of local people which can firstly be possible by the arrangement of election in constituting local
government. Furthermore, Duane Lockard defines local government as a public organization
authorized to decide and administer a limited range of public policies within a relatively small
territory that is a sub-division of a regional or national government.24 So it is clear that some
vested powers of central government are applied by local government in a region only for the
benefit of grassroot people.
Sometimes local government has been mistakenly consider an insignificant segment of the
government to avoid confusion ,it is also necessary to distinguish “local government” from
“local politics”, “local administration”, “local governance”25. Local politics is much wider term
and covers a host of areas, beside local government, such a political parties, factionalism,
political competition, etc operating within local area. On the other hand local administration
means implementation of decisions by not only local government institutions but also national
units operating as the field level.
21
Ahmed, Emazzuddin, Bangladesh Public Administration, Anonna Publication, Banglbazar, Dhaka, (2000).
22
Agarwal, R.C., “Principles of Political Science”, S. Chand and Company Ltd. Ramnagar, New Delhi, (2009).
23
Kudrat E Elahi Panir vs Bangladesh, 44 DLR (AD) (1992)
24
See supra note 1
25
Ibid,P-2
10
It is essential to distinguish between central government and local government in order to
highlight latter’s uniqueness.26 First, in scale and resources, job security and prospects and
technological sophistication the central government is far superior to local government. Second,
ordinary citizens have easier access to the decision makers at local than central level. Third,
while the national deals much more with “social investment” in contrast local government is
concerned more with “social consumption”
Under Section 3(28) “Local authority” shall mean and include a Paura Shava, Zilla Board, Union
Panchayet, Board of Trustees of a port or other authority legally entitled to, or entrusted by the
Government with, the control or management of a municipal or local fund, or any corporation or
a municipal or local fund, or any corporation or other body or authority constituted or established
by the Government under any law.27
In Bangladeshi context, the term 'Local Government' has been loosely defined and more
specifically this has become synonymous with Local Self Government, which implies the
elective nature of such institution.28
2.3 Structure of the Local Government in Bangladesh
The local government system in Bangladesh has evolved within a three-tier framework - Union,
Upazila (Thana) and district first envisioned in the colonial era Bengal Local Government Act of
1885. This has not meant however that an effective three tier local government system is actually
operational. The institution at the primary tier such as the Union Parishad (UP), has had the most
robust presence by virtue of institutional continuity as an elected body. The body at the
secondary level such as the Upazila Parishad (UZP) has a much smaller history as an elected
body while an elected body at the apex level such as district is yet to appear.
At present, there are 5428 elected local government institutions (LGI) with around 60,000
elected councilors. These include 4542 Union Parishads (UP), 487 Upazila Parishads (UZP), 324
26
Ibid,P-3
27
Section 3 The General Clauses Act,1897(Act No.X of 1897)
28
M.Jashim Ali Chowdhury, An Introduction to The Constitutional Law of Bangladesh, 1st Edition, Northern
University Bangladesh, 2010, P- 313
11
Pourashavas (municipalities) and 11 city corporations. Union and Upazila parishads, usually
seen as rural local governments, are independent tiers. Pourashavas and city corporations, seen as
urban local governments, are not independent tiers but represent urban centers of smaller and
larger sizes respectively.29
2.4 Importance of the Local Government
Local government system is one of the best characteristic of modern and welfare based states.
With the increasing of population the function of the states are also increasing .so it is being
impossible to run the administration from the centre. In the democratic way, the objective of the
welfare state is to ensure the welfare of population, for this reason it is essential to participation
of large population in the administration. Decentralization is the latest fashion of the
development and for this conception the concept of local government raised. The emergency of
local government as a distinct governmental unit is the outcome of several interacting factors
like.30
 Local government allows distribution of work on a territorial basis prevents the central
bureaucracy from forcing and unhealthy administrative uniformity on the country and
facilitates use of knowledge of local conditions in tackling problems
 Local governments facilitate a two way communication between higher and lower levels
of government.
 Local governments contribute to diffusion of power, national solidarity and democracy
by promoting diversification and de-concentration of political activity.
 Local government obviously preceded national government human beings first
established their neighborhood management authority, i.e. the village government or
town government, before they could even envisage a more remote authority such as the
national government.
29
Hossain Zillur Rahman, Strategy on Local government strengthening,<http://www.plancomm.gov.bd>last
accessed on 10 july 2018
30
Kamal Siddiqui, Local Government in Bangladesh, Revised 3rd Edition 2005 , The University Press
Limited,2005,Pg-6
12
 For democratic control, decentralization of administration, local level participation in
planning and “bottom up” development against the backdrop of increasing difficulties
faced by central governments in implementing development programs and delivering
essential services31,
2.5 Basic features of the Local Government
As a tier, Local Government is at the bottom of a pyramid of governmental institutions with the
national government at the top to which it is ultimately accountable and subordinate for
exercising the powers of administration and taxation delegated to it by relevant laws. The
essential features of the Local Governance are as follows:
a. It is established by law
b. It is generally an elective body composed of members of the people of an area or locality
c. It has the power of administration over a designated locality and authority to manage the
specified subject
d. It has the power to raise fund through taxation with its area
e. And it is ultimately accountable and subordinate to the national government.
2.6 Whether Unelected Local Government is Permissible or Not?
Sometimes it is argued that the State is empowered to create another set of Local Government in
exercise of its law making power under Art.65 without fulfilling the requirements of Art.59 &
60. In that case there may be two classes of Local Government in the country, one under Art.59
& 60 of the Constitution. So the question remains whether it is possible to have an unelected
Local Government body let us see the following case references:
31
Kamal Siddiqui, Local Government in Bangladesh, Revised 3rd Edition 2005 , The University Press
Limited,2005,Pg-6
13
A petition32 concerned a challenge to ordinance no. XXXVII of 1991 (That subsequently became
Act No. II of 1992) Which abolished the elected Upazila Parishads (The third tier of the Local
Government) and vested in the Government all rights, powers, authorities and privileges of the
dissolved Upazila Parishads. The appellants some Chairmen of dissolved Upazila Parishad,
unsuccessfully challenged the law in HCD Bench comprising Md. Abdul Jalil J and Naim Uddin
Ahemed J. Barrister Amirul Islam appearing on behalf of the parties argued that mandate of the
Constitution was violated by removing the elected representatives of the people and by allowing
the functions powers of the abolished bodies to be exercised by the appointed of the officials.33
Barrister Aminul Haque, the Attorney General then argued that article 9 (before the revival of
original article 9) and article11 did not impose mandate upon the government rather those were
enabling provisions.34 And hence it does not necessarily require all the local government organs
need to be elected.
Accepting the theory of the Attorney General Abdul Jalil J held: This Article gives direction to
ensure participation of the people through their elected representatives in the administration in all
level if there is any administrative body. If the body itself is abolished and there is no
administrative body this Article is not applicable. It does not impose any mandate not to abolish
anybody if necessary by the legislature which created it. Hence the impugned Ordinance cannot
be said to be inconsistent with article 11.35
Naim Uddin Ahemed J held that:
It is not a matter of dispute that Upazila Parishad was democratically elected bodies. There is
also no dispute about that the Government is a democratically elected government. Democracy is
essentially an impediment to stretching the development and it is more important to maintain the
functions relating to the services. It does not appear to us that by making provision in the
impugned ordinance for transferring the powers and functions of an elected body through an
32
AhsanUllah and 3 others V. Bangladesh 44 DLR 179
33
Ibid, Para 9
34
Ibid, Para 11
35
Ibid, Per Abdul Jalil J. Para 22
14
elected government, any inconsistency with concept of democracy has been created and the
directive contained in article 11 has been violated.36
Kudrat -E-ElahiPanir and others V. Bangladesh37
Appeal against the decision of Ahsanullah reached the Appellate Division in Kudrat -E-Elahi
Panir and others V. Bangladesh, Here the Court made it clear that from a combined reading of
the preamble, Articles 7, 11, 59, and 60 of the Constitution, it is clear that the makers of the
Constitution devised a scheme of total democracy, both of the centre at the level of local
government.38 Justice Shahabuddin added that when the Constitution has made specific
provisions for the Local government, only those provisions shall have to be followed and
complied with.39
2.7 Conclusion
In this chapter, a clear description about Local government, democracy and participation have
been discussed. Some case references on the basis of defining the local government and local
authority has also been uttered And in chapter three, the history of Local government,
participatory democracy and how these concepts have been emergence in Bangladesh will be
discuss.
36
Ibid, Per Naimuddin Ahmed J. Para41
37
44 DLR (AD)319
38
Kamal.Mustafa: Bangladesh Constitution: Trends and Issues, 2nd Edition, University of Dhaka 1994, p314
39
Ibid, p131-132
15
Chapter Three
Historical Background of Participatory Democracy in Local Government in

Bangladesh
3.1 Introduction
The present structure of local government in Bangladesh had its origin in British colonial period.
The first attempt at establishing local government institution was made during the latter part of
the nineteenth century. The structure, functions and financial management of local government
institutions have undergone many changes from the British colonial period to the present day.
This chapter concludes the historical era of local government system from the very first Mughal
regime to the present day. Also contains the management and evolution of local government
system in Pakistan period as well as the British period. This chapter will also describe the
government systems of Bangladesh in respect of the development of local government during the
19th century from the independence.
Self-governing village communities characterized by agrarian economies had existed in India

from the earliest times. Not only are they mentioned in Rig Veda, which dates from
approximately 1200 BC, there is also definite evidence available of the existence of village
“Sabahas” (councils or assemblies) and “gramins” (senior person of the village) until about 600
BC. The Panchayat was such an elected body with executive and judicial functions. But often the
headman controlled the panchayat40. With the passage of time, though the existed self-governing
village bodies called “Sabahas” became panchayats (council of five persons). Panchayats were
functional institutions of grassroots governance in almost every village. Unfortunately the
panchayat system disappeared altogether due to its ineffective executive body and functions
during the Mughal rule of India.
40
Siddiqui Kamal, Local Government in South Asia: A Comparative Study on Bangladesh, 1992 Edition, Dhaka
University Press Limited.
16
Mughal Regime
During the Mughal Regime, a great attention had been paid to the development of rural and
urban local government institution which was remarkable though Mughals gave considerable
importance to towns. Each town included a number of wards or Mohallas.41 A Mir Mahalla was
appointed to act as a spokesman for each Mohalla.42 The Kotwal, or Chief Executive Officer of
the town, wielded wide-ranging powers including magisterial, police, fiscal and municipal
power43. Two officials assisted him in performing his duties a Kazi who was a judicial officer
and a Mahatasib, who was assigned to prevent illegal practices 44. The Mughal system with all its
novelties lacked mechanisms for participation by the citizens. A top-down hierarchical
administrative system prevailed over the society that was intended to be an extension of the
central authority into the local areas.
3.2 British period (1765-1947)
Over the Indian subcontinent, almost two hundred years of British rule, various experiments
were made with the local government system.45 All the experiments were intended to devise a
system that would serve British imperial interests. The major objective of the British rule in India
was twofold maximization of land revenue collection and maintenance of law and order. 46
Naturally, the British as an imperial power had title understanding of, and interest in, indigenous
local self-governing institutions, in 1870, however, the village Chowkidari Act in the rural areas
of Bengal established union Panchayats to collect tax in order to maintain chowkidars (village
police).47
Lord Ripons’ resolution on local government in 1882 laid the foundation of local government in
rural India. This resolution was important for two reasons; it set out general principles for
development of local institutions in future and provided the rationale behind functions of local
41
See supra note 1
42
Ibid
43
Tinker, Huge, The Foundation of Local Self-Government in India, Pakistan and Burma, London The Athlone Press.
44
45
Ibid
46
Ibid
47
Ibid
17
bodies48. The Ripon resolution was passed in 1885 as the Bengal Local Self-Government Act III.
Under this act, three tiers of local bodies were created in Bengal. 49 These were District Boards,
The Local Boards and Union Committees. At the lowest level a union committee consisted of a
number of villages. The Union Committee was concerned with the management of local ponds,
schools and roads. But the management of the rural police continued to remain with the
Chowkidari-Panchayats50.
Following the 1886 general election, a conservative administration headed by Lord Salisburry
was formed. However the conservatives did not have a majority of seats and had to rely on the
support of the Liberal Unionist party. As part of the price for this support, the Liberal Unionists
demanded that a bill be introduced placing county government under the control of elected
councils, modeled on the borough councils introduced by the Municipal Corporations Act
1835.51
Accordingly the Local Government (England and Wales) Bill was introduced in the House of
Commons on 19 March 1888, by the President of the Local Government Board, Charles Ritchie.
The Bill proposed the creation of elected county councils to take over the administrative
functions of the magistrates of the Quarter Sessions courts, that ten large cities should be
“counties of themselves” for the purposes of local government and that each county was to be
divided into urban and rural districts, based on existing sanitary districts, and governed by a
district council. The county and district councils were to consist partly of directly elected
“elective councilors” and partly of “selected councilors”, chosen by the elective councilors in a
similar manner to aldermen in municipal boroughs.
Until the 1870s, officials, or their designated representatives, ran urban local government bodies.
Gradually, municipalities became representative bodies with the promulgation of a number of
acts between 1860 and 1947, starting with the Municipal Development Act of 1864.52 These acts,
among other things, introduced election as a mode of choosing ones representative. Chairman
and Vice Chairman of the municipalities, however, continued to be elected directly by the
48
See supra note 4
49
Ibid
50
Dr. S. M. Hasan Zakirul Islam Historical Background of the Municipalities of Bangladesh: An Analysis (2015)20,
issue 1, p-63
51
See supra note 1
52
Khan, M. M. Urban Local Governance in Bangladesh: An Overview, 1997, Dhaka Centre for Urban Studies.
18
popularly elected commissioners. The Bengal Municipal Act of 1932 strengthened the powers of
Municipalities in levying rates and taxes and in the utilization of funds53. Simultaneously,
unequivocal powers were given to local officers to inspect, supervise and control
municipalities54. Within the urban local government institutions, British policy resulted in the
setting-up of a municipal administration in the presidencies and giving responsibilities to
municipal committees for a number of civic amenities. But the same act provided considerable
powers, to the government and local officials, to inspect, supervise and control Municipalities
and negated the powers of taxation of local bodies to a large degree.
A major step in this direction was marked by the passing of the Bengal Local Self Government
Act in 1885.Under these Act Union Committees, Local Government Boards and District Boards
were set up respectively. The Bengal Village Self- Government Act of 1919 abolished
Chowkidari Panchayet and Union Committee and in their place set up Union Board and District
Board. The system of nomination was abolished in 1946.55 The main function of Union Board
was maintenance of law and order, roads and bridges, provision of health care, charitable
dispensaries and primary school, water supply and assistance to the District Board. The Union
Board could dispose of minor criminal cases and was given the authority to levy Union rate.56
3.3 The Pakistan Era 1947-1971
After the independence of Pakistan, during the formative years almost the same structure was
retained. But after that the provincial government of East Pakistan developed some important
changes (constitution of Pakistan in 1956, Basic Democracy etc) over the existing rural
administrative set-up. General Ayub Khan, who seized power in 1958, introduced a system of
local government known as Basic Democracy.57 The Basic Democracy system covered both
rural and urban areas. It had four tiers in rural areas. From bottom to top, this constituted of
53
See Supra note 1
54
See supra note 13
55
United Nations Development Programme, Human Development Index
56
Ibid
57
Siddiqui Kamal, Local Government in Bangladesh, 1994 2nd edition, Dhaka National Institute of Local
Government.
19
Union Council, Thana Council, District Council and Divisional Council58. A Municipal
Administration Ordinance was enacted in 1960 to bring the Municipalities in the line with the
Basic Democracy59. This four tier system lacked novelty and innovation, and bore a clear
resemblance of the union councils and municipal committees of the British days60.
3.4 Independent Bangladesh
Bangladesh, with the great promise of an independent People's Republic, started its journey after
a nine-month bloody liberation war in 1971. After the emergence of Bangladesh, it has been
governed by three major political parties, including two which were initiated through military
regimes, the Bangladesh Nationalist (Party BNP) and the Jatiya Party (JP). The Awami League
(AL) and the BNP introduced and amended local government policy in the first decade of
liberation to strengthen their own power at the grassroots.
3.5 In different regime
Mujib Regime 1971-1975
Immediately after Independence, the name of the Union Council was changed to Union
Panchayat and an administrator was appointed to manage the affairs of the panchayat. The name
of Thana Council was changed to Thana Development Committee while the District Council was
named Zila Board or District Board. Again in 1973, Union Panchayat’s name was reverted to
Union Parishad61.
58
Ibid
59
See supra note 18
60
See Supra note 13
61
Pranab Kumar Panday and Pradip Kumar Panday, 2008 , The Development of the Urban Government System in
Bangladesh: Does Coordination exist?, Local Government Studies, Volume 34 ,Issue 5
20
Zia Regime 1976-1981
A more significant change in the local government system was brought about in 1976 through
the Local Government Ordinance. This ordinance provided for a Union Parishad for a Union, a
Thana Parishad for a Thana and a Zila Parishad for a District62. The Union Parshad comprised of
one elected Chairman and 9 elected members, two nominated women members and two peasant
representatives members. The Thana Parishad consisted of the Sub-Divisional Officer being the
ex-officio Chairman, the Circle Officer and a Union Parishad Chairman. The Zila (District)
Parishad was to consist of elected members, official members and women members whose
numbers were determined by the government. Its term of office was five years. However, no
elections were held and government officials ran the Parishad.
Ershad Regime 1982-1989
In 1980, as a result of an amendment of the Local Government Ordinance, the Swanirvar Gram
Sarker (Self-reliant government) was introduced at the village level. It was later abolished by a
Martial Law Order in July 198263. A major change was also initiated in the local government
system through the introduction of the Local Government Ordinance in 1982 (Upazila Parishad
and Upazila Administration Reorganization).64 This Ordinance was followed by the Local
Government (Union Paishad Ordinance in 1983), the Local Government (Zila Parishad Act in
1988) and the three Hill District Acts and Palli Act in 1989.65
The Upazila Parishad Ordinance 1982 was particularly significant as this was supposed to help
implementation of the decentralization program of the government. In the Upazila system (as it
came to be known), the directly elected Chairman would have the principal authority in running
the affairs of the Upazila his tenure being five years. The Upazila Nirbahi Officer (UNO) would
be subservient to the Chairman66.
62
See Supra note 5
63
See note 22
64
Ibid
65
Ibid
66
Ibid
21
Khaleda Zia Regime 1991-1996
After nine years of reasonably effective implementation, the government of the Bangladesh
Nationalist Party (BNP), which came to power through a fair election, abolished the Upazila
system in 1991. The main intention behind the abolition was to strengthen the political base of
MP in their constituency. As long as the elected Upazila chairman was present in an Upazila, the
MPs found it difficult to establish their supremacy on the local administration67.
Sheikh Hasina Regime 1996-2001
When, after another free and fair election in 1996, the Bangladesh Awami League came to
power, they constituted a Local Government Commission and came up with a Report on Local
Government Institutions Strengthening in May 1997.68 The commission recommended a a four-
tier local government structure including Gram/Palli (village) Parishad, Union Parishad,
Thana/Upazila Parishad and Zila (District) Parishad69.
Khaleda Zia Regime 2001-2006
After the national election held in 2001, the Four Party Alliance led by BNP emerged into power
and initiated changes in the local government structure70.
They retained the four-tier system but renamed Gram Parishad to Gram Sarker in a Bill passed
on 26 February 2003, Both Gram Parishads and Gram Sarkers have been designed to function as
a integral parts of Union Parishad
67
Ibid
68
Siddiqui Kamal, Local Government in Bangladesh, 2005 3rd revised edition, Dhaka University Press Limited.
69
Ibid
70
See Supra note 22
22
Caretaker Government Regime 2007-2008
During this period, different attempts were taken to strengthen the local government institutions.
The caretaker government of Dr. Fakruddin Ahmed abolished the system of gram sarker after
coming to power on 11 january, 200771. In doing so, the government revived the Upazila
Parishad with some minor changes in the Upzila Parishad Act. Free and fair elections were held
in different areas to elect Upazila Chairman and Members. Moreover, some City Corporation
elections were also held during their regime.
The present structures and procedures also reflect the former legacies introduced by the British
and Pakistanis, and are also a function of the more recent history of a succession of civilian and
military regimes, followed by an extended period of parliamentary rule. The country now has a
unitary system of government, which in principle embodies a clear separation of powers between
the executive, the legislature and the judiciary, and a constitution that promises to ensure a wide
range of fundamental and democratic rights. However, the changes tailored to decentralize the
Local Government by both military and civilian governments in different times were criticized
because of their controversial objectives and practices.72
3.6 Conclusion
In this chapter it have been discussed that how Local government has been emerged on
Bangladesh in different situation. Evolution of the local government in Bangladesh in different
regimes and the present situation of the Local government, structure and the mixture of Local
government will be discussed on chapter four and chapter five.
71
Ibid
72
M Jashim Ali Chowdhury, An Introduction to the Constitutional Law of Bangladesh, 1st edition
23
Chapter Four
Constitutional Stand and Functions of Local Government in Bangladesh
4.1 Introduction
Local government is working as key vehicles of local democracy and service-delivery has been a
recurring theme in the development philosophies of Bangladesh. The Bengal Local Government
Act of 1885 provided the first framework with provisions for local governments at three levels
union, thana (upazila) and district. In this chapter, the constitutional provisions, structure,
function and formation of the Local government in Bangladesh will be discussed.
4.2 Constitutional Obligation and Practice
The Constitution of Bangladesh holds various provisions relating to local government from the
time of its commencement. These have made our Constitution unique, because no other
Constitution holds such provision in the world as like as our constitution).73 As Constitution is
the supreme law of our country, any other laws inconsistent with the Constitution shall be void.
According to article 774, “The Constitution is as the solemn expression of the will of the people,
the supreme law of the Republic, and if any other law is inconsistent with this Constitution that
other law shall, to the extent of the inconsistency, be void”. This provision secures the movement
of local government. Effective participation of people through elected representative is one of the
fundamental principles of state policy of our Constitution. Under article 1175, “The republic shall
be a democracy in which fundamental human rights and freedoms and respect for the dignity and
worth of the human person shall be guaranteed, and in which effective participation by the
people through their elected representatives in administration at all levels shall be ensured”. This
provision requires local government to exist in Bangladesh. So it can be stated that democracy,
fundamental human rights, and local government are interconnected. But it is needed to be noted
73
Kudrat E Elahi Panir vs Bangladesh, 44DLR (AD), 1992
74
Article 7 of The Constitution of People’s Republic of Bangladesh, 1972.
75
Ibid article 11
24
that article 11 is a part of fundamental principles of state policy of our constitution which is
judicially unenforceable. This provision has been found in the Constitution as the guideline for
legislators in making laws. Under article 8(2)76, it will also be used in interpreting Constitution
and other laws. In these contexts, article 11 plays a vital role to ensure effective participation
through local government. On the other hand, articles 59 and 60 of the Constitution directly
impose the obligation to establish local government. We observe under article 59 that local
government shall be established in every administrative unit through election. So it is clear that
declaration of an area as administrative unit is an important requirement to establish any tier of
local government. Though government is free regarding the matter, it will have to make a
declaration before constituting any tire of local government. Under article 152(1) of the
Constitution, “Administrative unit means a district or other area designated by law for the
purposes of article 59”. The functions of local government are elaborately discussed in article
59(2) of the Constitution. These functions, determined by the act of parliament, include the
administration and the work of public officers; the maintenance of public order; the preparation
and implementation of plans relating to public services and economic development. Local
government bodies under article 60 are given some powers, such as, imposing tax for local
purposes, preparing their budgets and maintaining funds. Parliament has been given the absolute
power to make any law relating to local government. But the powers are needed to be exercised
maintaining the constitutional mandate. Gram Sarkar Ain, 2003 was declared as unconstitutional
and void by the Supreme Court because of containing unconstitutional provisions.77 Upazila
Parishad, a tier of local government, made under the Upazila Parishad and Upazila
Administration Ordinance, 1982, was abolished in 1991. It was challenged in Supreme Court of
Bangladesh, but the court gave a historical judgment considering the matter that it was not
entirely local government institution. Many provisions were inconsistent with the main goal of
local government. Actually, all of these refer to the supremacy of the Constitution. After
promulgating Zilla Parishad Act, 2000, election has not been yet arranged. Moreover, sixty one
administrators were appointed in 2011 to conduct the Zilla Parishad under 82(1) of Zilla Parishad
Act, 2009. No provision is found in the Constitution to act as an administrator in any tier of local
government. Zilla Parishad should have been constituted in accordance with article 17(1) of Zilla
76
See supra note 2, article 60
77
BLAST vs. Bangladesh, 60 DLR (2008) 234
25
Parishad Act. We can consider the tenor of article 59 read along with article 11 it may be
contented that a non-representative person or body cannot be appointed as an administrator; only
a person or body having representative character like a member of the Parliament or another
local government body of the area concerned may be appointed as an administrator to function.78
The appointment of administrator is the sign of bureaucracy. It does not encourage the effective
participation of people through elected representatives. The gazette published by the government
to appoint the administrators did not bear any provision relating to the tenure of administrator
and about the election. The government appointed administrators who would be in charge of the
District Councils until the election of the District Council Chairman.79 It also strikes in practicing
of the best democracy. For establishing Upazila parishad, an Act was passed in 1998. But it took
over 11 years to hold an election. Upazila polls were finally held in January, 2009. But the
elected representatives have not yet been able to do much due to opposition from local
administration and the interference of the lawmakers who are advisers to the parishads.
Mandatory provision of taking advice from the Member of Parliament creates a lot of problems
to implement different policies. Holding position as the chief executive by Upazila Nirbahi
Officer is also a sign of keeping control over the upazila parishad by central government. These
are the obstacles to free functionality and fulfillment of the objectives of local government. As
for Union Parishad, though election is regularly held in this tier but no initiatives have been
taken to strengthen it. In the recent past it faced a lack of legitimacy due to not holding any
election for a long time since the expiry of the tenure in 2008. The necessity of peoples’
participation in the union parishad has been overlooked by all the successive governments since
independence. People were kept aloof from what’s going on inside the union parishad. It is not
enough financially independent to deliver the services. It has to depend on the central
government or to the local administration for implementation of its projects. An arrangement of
proper check and balance may reduce its dependency and bureaucracy. Finally, it is to be noted
that government is not bound to establish a tier local government. If parliament makes any law
for this purpose, it must be according to the Constitutional mandate otherwise it’ll be treated as
colorable legislation. A direction was given by the Supreme Court to arrange election in all stage
78
Islam, Mahmudul, Constitutional Law of Bangladesh, “The Executive”, Dhaka, Mullick
Brothers, 2003, p-334
79
The Independent, The Daily Newspaper, “Govt. appoints 61 Zila Parishad administrators”, 16 December, 2011,
Available at <thttp://www.theindependentbd.com/paper-edition/ frontpage/129> last accessed on 20 august,
2018
26
of local government within six months from the date of judgment in 1992.80 The direction was
not followed completely by the government. It can be considered an ultimate denial to ensure
democracy in grassroot level.
Other laws regarding Local government
 Zilla Parishad Act 2000

 Upazilla Parishad Act 2009
 Union Parishad Act 2009
 City Corporation Act 2009
 Municipality/Pourashava Act 2009
 Village Court Act 2006
 Upazila Utilization of ADP Fund according to Guideline 2010
 Charter of Duties Upazila
 Organogram of Upazila Parishad
 UZP Budget (Preparation and Approval) Rules 2010
 UZP (Property Transfer) Rules 2010
 Union Development Coordination Committee
 Pourashava rules 2008
4.3 The structure of Local government in Bangladesh
There two kind of local government existing in Bangladesh. These two are following:
1. Rural-regional Local Government.

2. Urban Local Government.
The administrative structure is described in this table:81
80
See supra note 1
27
Rural-Regional Local Government Urban Local Government
Zilla (District) Parishad City Corporation
Thana/Upazila Parishad Municipal Corporation
Union Parishad
4.4 Function and formation Rural-Regional Local Government
Zilla Parishad
The Bengali word parishad means council and zila parishad translates to district council. District
Council or Zila parishad, or zilla parishad is a local government body at the district level in
Bangladesh. The Constitution of Bangladesh states that local government bodies will consist of
elected representatives.82
The Zila Parishad shall consist of the following members; (a) representative members, (b)
nominated members, (c) women members, (d) official members.83 Every Zila Parishad shall have
a Chairman, and he shall be appointed by the Government through notification in the official
Gazette. The Members of Parliament of the Zila and the Chairmen of the Upazilas Parishads and
the Paurasabhas shall be members of the Zila Parishad ex officio. The Deputy commissioner of
the District became the ex officio chairman of the District council. He is appointed by the
government from a Deputy Secretary of B.C.S. Administration Cadre.
The following functions of the Zilla Parishad were enumerated in the Act of 2000,84
 Review of all development activities within the district.
 Establishment, maintenance and development of roads, culverts, and bridge not

owned by the Pouroshava or the government.
 Plantation and conservation of roadside trees.
81
Dr. Tofail ahmed, Decentralization and The Local State; Political Economy of Local Government in Bangladesh,
2012.
82
Local Government (Zila Parishad) Act, 1988.
83
See supra note 9
84
See supra note 8
28
 Management and development of ferry Ghats.
 Cooperation with Upazilla and Pourashava.
 Construction and maintenance of Dakbungalows and rest houses.
 Establishment and maintenance of public libraries scrutiny of development and

execution of UZP and Pauroshava projects.85
Upazilla Parishad
Bangladesh, at present, has 489 upazilas. The upazilas are the second lowest tier of regional
administration in Bangladesh. Each Upazila Parishad (or council) has a chairman, a vice
chairman and a woman vice chairman. All three are elected through direct popular election.
Union Parishad chairmen within the upazila are considered as the members of the parishad.86
The post of a woman vice chairman was created to ensure at least one-third woman
representation in the all elected posts of the local government. According to the Upazilla
Parishad Act, 2009 the main functions of the Upazilla Parishad are as follows87,
 Prepare Upazilla five year plan and other development plans.
 Supervise and coordination of the various government department activities which were
handed over to the Upazilla Parishad.
 Construct and maintain inter union connecting roads.
 Provide public health, nutrition related and family planning service.
 Ensure efficient situation, sewerage works and pure drinking water supply.
85
Ibid
86
Kamal Siddiqui, Local Government in Bangladesh, Revised 3rd Edition 2005, The University Press Limited, 2005,
Pg-167
87
See supra note 13
29
 Motivated people with regard to extension of education and provide assistance for the
same.88
 Supervise and monitoring secondary and madrasa education.
 Review the law and order situation.
 Promote self employment activities provide assistance for property alleviation programs
and coordination existing activities.
 Provide necessary help to the Upazilla Parishad.89
Union Parishad
Union Councils or Union Parishads are the smallest rural administrative and local government
units in Bangladesh. Each Union is made up of nine Wards. Usually one village is designated as
a Ward. There are 4,550 Unions in Bangladesh.90 A Union Council consists of a Chairman and
twelve members including three members exclusively reserved for women. Union Parishads are
formed under the Local Government (Union Parishads) Act, 2009. The boundary of each Union
is demarcated by the Deputy Commissioner of the District. A Union Council is the body
primarily responsible for agricultural, industrial and community development within the local
limits of the union. According to Union Parishad Act 2009, Union Parishad entrusted to 110
functions, the important functions are, 91
 Maintenance of law and order and rendering of assistance to the administration in the
maintenance of law and order.92
 Adoption of measures for preventing disorder and smuggling.
88
Ibid
89
Ibid
90
Khan Dr. Mohammad Ibrahim, "Functioning of Local Government (Union Parishad): Legal and Practical
Constraints"
91
Pg-154
92
Ibid
30
 Adoption and implementation of development schemes in the fields of agriculture,
forestry,fisheries,livestock,education,health,cottageindustries,communications,iorrigatin,
flood protection, with a view to improving the economic and social condition of the
people. 93
 Promotion of family planning.
 Development and use of local resources.
 Protection and maintenance of public property.
 Review of development activities undertaken by different agencies.
 Collection of tax for the Union Parishad.
 Infrastructural development and implementation of development project under

KABIKHA and KABITA.
 Collection of tax for the Union Parishad.
 Registration of births, deaths, blind people, beggars, destitute people.
 Conducting some traditional adjudication and arbitration.94
Though Union Parishad has a long list of function but in practice Union Parishad performs only a
few of them due to political influence and administrative complexity and as well as lack of
coordination between the elected representative and government functionaries.95
93
Ibid
94
See supra note 19
95
Arun Karmakar, ‘Law Provides Adequate Functions for Local Government but in Practice it is too Short’, Prothom
Alo (Dhaka O5 Nobember 2015) page-1
31
4.5 Formation and Function of Urban Local Government
City Corporation and Municipal Corporation
Metropolitan areas in Bangladesh are classified as either towns or cities, distinguished by their
form of government under state law. Towns have municipal form of government known as
Pourashava. Cities, on the other hand, use a mayor council or council-manager form known as
City Corporation. Based on the form of government, there are 323 towns and 12 cities in
Bangladesh.96 Pourashavas are divided into wards, which are further divided into Mauzas and
Mahallas. Direct elections are held for each ward, electing a chairperson and a number of
members. The municipal heads are elected for a span of five years. And there are 12 city
corporations in Bangladesh.97 Federally the function of the city corporations and Pourashavas are
almost the same in nature .the chartered functions of these bodies are enumerated below98
 Construction and maintenance of road bridge culverts.
 Collection and disposal wastes and rubbish.
 Provision and maintenance of street lilting.
 Maintenance of public streets and provision for watering them.
 Construction and maintenance of shopping centers.
 Plantation of trees on roadside.
 Regulation of unsanitary building.
 Registration of births, deaths and marriage.
 Provision and maintenance of slaughterhouse.
 Provision and maintenance of drainage.
96
Pg-172
97
Ibid
98
Ibid
32
4.6 Role of Democracy
In a democracy, every citizen has certain basic rights that the state cannot take away from them.
These rights are internationally recognized and guaranteed. Everyone has the right to have their
own beliefs, including their religious beliefs, and to say and write what they think. Everyone has
the right to seek different sources of information and ideas. Everyone has the right to associate
with other people, and to form and join organizations of their own choice, including trade unions.
Everyone has the right to assemble and to protest government actions. However, citizens have
an obligation to exercise these rights peacefully, with respect for the law and for the rights of
others. There some important elements of democracy mention below,99
 Separation of power
 Independence of the judiciary
 Rule of Law
 Accountability and transparency
 Freedom of Media
Now if we talk about Local government, from the very beginning Local Government has been
established from the concept of the Democracy. If we see the history of the Local government
and Democracy they are all most the same in Bangladesh. So it can be say that it is Democracy
which established Local Government for the participation of people in political or governance
aspect. So the function of Local government and the role of Democracy are almost same in
Bangladesh. Though in true sense or in practice democracy is not well established. 100
4.7 Conclusion
In this chapter the whole structure of Local Government, role of participatory democracy,
functions of the local government and different legal provisions relating to the local government
has been discussed. Besides this formation and functions of the urban Government also discussed
in this chapter.
99
http://www.democracy-reporting.org/files/essential_elements_of_democracy_2.pdf < Last access on 17 july
2018>
100
Ibid
33
Chapter Five
Present Situation in Bangladesh in relation to Democratic Participation in

Local Government
5.1 Introduction
The institution of local government can help to establish democratic process and practice as well
as ensure participatory development at grass roots. Local Self Government institutions in every
country are the significant breeding grounds for democracy. They help the rural people
understand democratic spirit and value. By taking part in the local bodies the people can taste the
fruit of democracy. Various kinds of changes had taken place and after the independence of
Bangladesh, a number of attempts have been made to tinker with local government bodies.
Changes have been made time-to-time but the initiatives did not direct linkage with
strengthening local government bodies. The local government bodies had never been
independent in Bangladesh. It can be pointed out easily that units are being used by the
periodical government for its own political gains from the very beginning of emergence of
Bangladesh. In order to make a strong and sound decentralized local government, these problems
are required to be solved. It is obviously clear that a comprehensive solution must be taken to
remove the weakness of local bodies. This chapter will discuss about those problems and
challenges of Local Government facing.
5.2 In different Political regimes
Although modern local government in Bangladesh has a history dating back to the British period,
a substantial change in its formation has been caused by the globalization of decentralization. It
is important to mention that in the last two decades especially, a structural form of
decentralization has been observable in developing countries all over the world.101 Lee (2002)
101
Online Library <https://onlinelibrary.wiley.com/doi/abs/10.1002/qre.474> Last accessed on 27 August, 2018
34
examines 18 Asian countries102 and underscores that democratization here was not a result of
economic development, economic crisis, religious and political culture, nor even de-colonisation;
instead, it has been political protests that have led to democratization in Asian countries. In the
case of Bangladesh, the popular uprising against Ershad in 1990 and the general election of 1996
under a caretaker government are two significant examples in this regard. In addition, the
survivals of informal local government institutions like salish and samaj open up some new
thoughts to explore the local government of Bangladesh103.
 THE AMBIGUOUS CENTRAL POLITICS AND THE FATE OF LOCAL

GOVERNANCE IN BANGLADESH
Though the essence of self local government arose around the middle of the tenth century, the
abstract term "local government" was first used by Lord John Russell in the House of Commons
on 5t h June 1835, in introducing the Municipal Reform Bill (Wickwar, 1970). After that, Local
Government experienced many successive reforms, which had some consequences for the Global
UK. India, for instance, had connections with British theory and practice until 1947." However,
there has been another massive global flow of decentralization in the third world since the early
1980s, as a consequence of globalization and the neo-liberalism as follows,
 The Pre-Independence Situation
As we have seen, local government in Bangladesh has a history and tradition going back to
medieval times. The four-tier local government system during the Mughal era in the undivided
India had little interaction with rural communities other than to extract [forced] tax
contributions.104 The British introduced a modern local government system in the late nineteenth
century and this was later modified, again according to the needs of maximising tax collection.105
102
See supra note 101
103
Nadiruzzaman, Md, Rural local government and state politics in Bangladesh, Published by Durham University,
2012, P-37, <http://etheses.dur.ac.uk/2238/1/2238_248.pdf?UkUDh:CyT/> Last accessed on 29 August, 2018
104
Siddiqui Kamal, Local Government in Bangladesh, The University Press Limited, 1992.
105
Ibid
35
The Basic Democracy Act of 1958, which was later amended in 1962 to be more democratic at
the Union level106had no fundamental difference from the former British system.
 Post Independence
It was expected that decentralization would precipitate more democratic flows of participation by
the people after the liberation of Bangladesh. Since independence, different forms of local
government were shaped in various levels, i.e. the UP, Thana (Upazila) and District (Zila). In
reality, effective power was always vested in the centre and, therefore, the objectives of the local
government were never achieved.107 Central government under all regimes has attempted
manipulation to retain power and exercise its control over local government (CPD, 2000).
The different political activities of the successive political regimes explain their hidden political
objectives. The politics of decentralization of local government is not alienated from central or
national politics; rather it is an integral part of it. If we study the emergence of this concept, we
will find that the sovereign power pursued the decentralization policy to consolidate their power-
base at the local level.108.
Therefore, it is very important to study the successive political situations of Bangladesh to know
whether the local government decentralization efforts were for the sake of decentralization or
counter-decentralization/centralization. The next paragraphs explore the political situations of the
successive regimes of independent Bangladesh, which helps to examine their motives on
devolution of power to the local level.
106
Toufique and Turton, 2005
107
See supra note 104
108
Wickwar, W. Hardy (William Hardy), The political theory of local government, Columbia : University of South
Carolina Press, [1970]
36
 The Local Government under the first Military Regime
Just after taking power, Major General Ziaur Rahman (1976-81) disbanded District
Governorship and promulgated the Local Government Ordinance 1976, which provided a
three tier local government system:
1. Union Parishad for a Union;
2. Thana Parishad for a Thana; and
3. Zilla Parishad for a District.109
Though the ordinance provides for elected councils at all levels accept the Thana, there was no
attempt to install an elected government at the district level. Following previous practice, the
Sub-Divisional Officer and DCs remained the administrators at the Thana and District levels
respectively. President Zia abolished the Vice Chairman's position and introduced a provision for
nominating two women members at the UP level. Moreover, he introduced the Gram Sarkar
(later, the word 'Swanirvar' was added in front) as the lowest tier of local government by an
amendment in the Local Government Act, 1976 and formulated rules for its organisation and
administration.110 The Swanirvar Gram Sarkar was headed by the Gram Pradhan (Village chief)
and consisted of two members from different functional/interest groups to ensure their
representation. 111
They were chosen through consensus of the village elders present in a meeting. The Swanirvar
Gram Sarkar was assigned the responsibility of increasing food production, eradicating illiteracy,
reducing population growth, and maintaining law and order in the village. The Swanirvar Gram
Sarkar movement enjoyed enthusiastic support from the national government. But it became
stagnant with the assassination of president Zia in May, 1981112 and was abolished by the
109
110
Ibid
111
Ibid
112
Ibid
37
successor military government headed by Ershad who assumed the power in early 1982 by a
bloodless coup.
 Politics of Gram Sarkar
In a similar vein to Mujib, the Zia regime introduced nothing newer than the pre-BKSAL system
of the Gram Sarkar113. Zia abolished single party politics by allowing some extreme religious
parties (especially those banned during the Awami regime) to participate and once again gave the
bureaucracy a free hand to control local councils, which is simply contradictory to the concepts
of decentralisation and democratisation. After the presidential election in June, 1978 and the
formation of the BNP, efforts were made to extend its organisation to the village level to
counteract its arch rival the Awami League in rural areas and to consolidate its power there. Zia
replaced Secularism from the preamble of the Constitution with "Absolute trust and faith in
Almighty Allah, the Beneficent and the Merciful";114
Socialism was dropped, and "economic and social justice" replaced it. This cosmetic surgery was
meant to woo the voters, most of whom were practicing Muslims. As Perris notes, Zia's method
of building up trade union and youth support for the BNP through favoritism also resulted in the
blatant exercise of violence by pro-government groups operating at the level of institutions such
as universities and urban work places. Evidently, according to Perris, the government made no
attempt to curb the rising tide of corruption and lawlessness.115
 Local Government Politics during the Ershad Regime

It has already been mentioned that the previous local government was dissolved by Ershad at the
very outset of his regime. He then introduced the Upazila system in 1985 and held elections for
these local councils in May of the same year.116 The original idea of making the Thana (then
113
Carlo Perris Volume 5, Issue 4. December 1998.
114
Ibid
115
Ibid
116
Kamal Siddiqui, Towards good governance in Bangladesh : fifty unpleasant essays, Dhaka : University Press Ltd,
1996
38
renamed the upazila) the nerve centre of administration came from Aktar Hamid Khan during the
Pakistan era, which Ershad took up and gave shape to under pressure from the donor community.
Under the threat of Ershad's political rivals, a decentralisation measure like the upazila system
opened up the way to reach out to the vast majority of people living in the rural areas.
Ershad, on the one hand, reduced the power of the union councils (where he would have faced his
political opponents) by shifting the responsibilities from them to the upazila level (Siddiqui, 1992;
Wastergaard, 2000), which became evident in his effort made in 1987 to put the military on the local
councils, and by the Local Government (Union Parishad) Act 1983, where the 28 income sources of the
UP were reduced to only 5 and the rest were handed over to the Upazila (GoB, 1997). On the other hand,
he ensured, through 'vote robbery' and similar practices, that gangsters and thugs supporting his party
became Upazila Parishad Chairmen (Siddiqui, 1996). Rahman and Khan (1997) criticize the politicisation
of the upazila in favour of the ruling elite under the Ershad regime and compare it with its antecedents
like the Basic Democracy Act in the 1960s and the Gram Sarkar Act in the late 70s. They add that being
against the upazila reform of Ershad, Khaleda Zia (widow of Ziaur Rahman) attracted a large number of
allies from civil bureaucrats who were unhappy with losing their substantial power to the politicians117.
However, in theory, it was (and still 'is') a genuine decentralization, because:

1. The upazila chairman was elected by the entire adult population of the upazila;
2. The upazila parishad was vested with resources;
3. The upazila was given power to implement development activities; and
4. All government organisations at that level were made responsible and accountable
to the upazila parishad.
Though the AL and the BNP collectively boycotted the Ershad regime from 1987, controversially, both of
them participated in the Upazila election in early 1990 in which the BNP received a handful of seats (24
out of the 460). The AL also participated in another election in 1986, as mentioned earlier.118
 The Local Government under the Khaleda Regime

After 15 years of military regimes, it was debatable whether the democratically elected
government would retain the upazila system.119 At the very least it was expected that the existing
117
See supra note 116
118
Ibid
39
chairmen would be suspended and fresh election held to bring genuine representatives into
power. Surprisingly, it took Khaleda a few months to abolish the Upazila system and replace it
by a bureaucratic Thana system feels that this was like throwing out the baby with the bath water
but there were many reasons for dissolving the Upazila system:
1. The BNP had only a handful of Upazila chairmen, as mentioned above;

2. There was an overt and covert consensus among MPs from the main political parties for
abolition because they did not want any powerful rival in their own constituency exercising
substantial power over development resources.
120
For instance, recalls the bitter fights between the Jatiya Party MPs and Upazila Chairmen
during the Ershad regime, from which other political parties learned a lesson. MPs in Bangladesh
make political gains through the use of development funds.121
3. Bureaucratic power helps any government to extend its powerbase efficiently in a short period
of time.
The government explored other opportunities to resolve the conflict of power between the MPs
and the Upazila chairman; ironically, the democratically elected BNP government indulged itself
in an anti-democratic practice as regards decentralisation. They did nothing to develop a
decentralised local government in this spell but promulgated the Local Government (Union
Parishad) Act 1993, which promised some insignificant structural change and formation of
Thana Development Coordination Committee (TDCC) by another official Order122.
 The Local Government reform under Shiekh Hasina(1997)

The Awami League constituted a Local Government Commission, which came up with a report
in May 1997. According to the recommendations of that commission, the Awami League tried to
form a Gram Parishad (with some modification), but this was in vain after a verdict by the high
119
Ibid
120
See supra note 116
121
The Daily Star , the daily newspaper , August 03, 2005
122
Kamal Siddiqui et al., Megacity Governance in South Asia: A Comparative Study, The University Press Limited
2004.
40
court. There were no major steps taken during this regime, other than the introduction of direct
elections for reserved women-seats at the Union level.
 The Four Party Alliance Government (2001-2006)

There has been no major change in the political environment under the various governments
since 1991. Each government has been corrupt and concerned with politicization at the local
level, and in turn the opposition has called strikes and involved themselves with different types
of violence and destruction.123
5.3 Permissibility of unelected/undemocratic Local Government
In context of Bangladesh, very often it is argued that, the State is empowered to create another
set of local government in exercise of its law making power under Article 65 without fulfilling
the requirements of Article 59 and Article 60. In that case there may be two classes of Local
Government in the country, one under the ordinary law, not democratically elected perhaps, and
the other under Article 59 and Article 60 of the Constitution. Therefore, the question remains
hanging that whether it is possible to have an unelected local government body124. In this regard
some prominent case references and their verdicts can taken into consideration.
Ahsan Ullah and 3 Others v. Bangladesh125
Aforementioned petition concerned a challenge to Ordinance No. XXXVII of 1991126 which

abolished the elected Upazila Parishad127 and vested in the government all rights, powers,
authorities and privileges of the dissolved Upazila Parishads. The appellants, some chairman of
123
See supra note 122
124
M. Jashim Ali Chowdhury, An Introduction to The Constitutional Law of Bangladesh, Northern University
Bangladesh, 1st Edition, 2010, P-319
125
Ahsan Ullah and 3 Others v. Bangladesh 44 DLR 179
126
Upazilla Parishad Ordinance 1991.
127
Ibid
41
dissolved Upazila Parishads, unsuccessfully challenged the law in a High Court Division Bench
comprising Md. Abdul Jalil J and Nainuddin Ahmed J.
Barrister Amirul Islam appearing on behalf of the parties that mandate of Constitution was
violated by removing the elected representatives of the people and by allowing the functions and
powers of the abolished bodies to be exercised by the appointed officials128.
Barrister Aminul Huq, the then Attorney General, argued that Articles 9129 Article 11 did not
impose mandate upon the government rather those were enabling provisions130. And hence it
does not necessarily require all the local government organs to be elected. Accepting the theory
of the Attorney General, Abdul Jalil J held:
These articles give direction to ensure participation of the people through their elected
representatives in the administration in all level if there is any administrative body, if the body
itself is abolished and there is no administrative body, then this article is not applicable. It does
not impose any mandate not to abolish anybody corporate if necessary by the legislature which
created it. Hence the impugned Ordinance cannot be said to be inconsistent with Article 11131.
Naimuddin Ahmed J held:
"It is not disputed that Upazilla Parishads were democratically elected bodies. There is also no
dispute that the government is also a democratically elected government. Democracy is
essentially an abstract concept and is used in different senses in different countries. It does not
appear to us that by making provision in the impugned Repealing Ordinance for transferring the
powers and functions of an elected government, any inconsistency with the concept of democracy
has been created and directive contained in Article 11 has been violated132"
Another landmark case regarding the validity of UZP under the authority of Local government
and its democratic election was discussed in,
128
Ahsan ullah and 3 Others v. Bangladesh, 44 DLR 179, Para 9.
129
before the revival of original Article 9 of The Constitution of the People's Republic of Bangladesh.
130
Ibid, Para 11
131
Ibid, Per Abdul Jalil J. Para 22.
132
Ibid, Per Naimuddin Ahmed J. Para 41.
42
Kudrat -E-Elahi Panir and others V. Bangladesh133
Appeal against the decision of Ahsanullah reached the Appellate Division in Kudrat -E-Elahi
Panir and others V. Bangladesh. Here the Court made it clear that from a combined reading of
the preamble, Articles 7, 11, 59, and60 of the Constitution, it is clear that the makers of the
Constitution devised a scheme of total democracy, both of the centres at the level of local
government.134Justice Shahabuddin added that when the Constitution has made specific
provisions for the Local government, only those provisions shall have to be followed and
complied with.135
Mustafa Kamal J held:
“To the extent that Articles 59 and 60 prescribed manner and method of establishing local
government, its composition, powers and functions, the plenary legislative power of Parliament
to enact laws on local government is restricted proton to..............I cannot conceive of a local
government existing in terms of Art.59 and 60 and another outside of it That will make a
mockery of Articles 59 and 60 and will be in direct conflict with Article 7. If the Parliament has
to pass local government legislation, it has to conform to Articles 59 and 60 read with Art.
152(1) ........Parliament is not free to legislate on local government ignoring Articles 59 and 60”
5.4 Conclusion
In this chapter, the most probable challenges and problems has been discussed. Most of the
problems are major which should be solving soon to strengthen Local Government. The next
chapter will be will be the concluding chapter. Finding of this research will be provided by
chapter six.
133
Kudrat -E-Elahi Panir and others V. Bangladesh 44 DLR (AD)319
134
Kamal. Mustafa: Bangladesh Constitution: Trends and Issues, 2nd Edition, University of Dhaka 1994, p-314
135
Ibid, pp.131-132
43
Chapter Six
Concluding Chapter
6.1 Findings of the Research
In the many cases all the respondent did not give accurate data to the researcher. They have
avoided some technical questions and they were unwilling to give opinion in any question paper.
With the inadequate discussion of the researcher, tries to find out the practical scenario of the
relationship between politicians and bureaucrats of the Local government system. The major
problem of the system is its inconsistency with the parliamentary model of democracy
introduced in the country since 1991 at the national level, which clearly emphasizes collegiate
decision making. There are certain conflicts of Local government system these are mentioned
below:
 The election of the Upazila Parishad Chairman through direct vote by the entire Upazila
adult population provides him with disproportionate prestige and powers, and this does
not allow him to share decision –making with Upazila Parishad Members.
 This is, in effect, the problem with every tier of urban and local government in
Bangladesh. Under the circumstances, a directly elected Upazila Parishad Chairman
would be more interested in recouping his huge election expenses through corruption and
cronyism rather than devoting himself to serving the people.
 The present UZP Act is not effective for the sound functioning of the UZP.
 The power of the UZC is less in the present Act
 The advisory role of the MP's creates many problem in function of the UZP
 UNO play more power in UZP functioning
 Local government institutions cannot freely exercise their powers, even those bestowed
upon them by the government, within the limits defined by legislation. The authority of
local government institutions is undermined by other authorities, even by an individual
legislator or bureaucrat. The wide-ranging authority of the legislators over the local
government and local governance, somewhat dampens the spirit of democratic
44
decentralization. Same is true in the case of excessive bureaucratic control over local
government affairs.
 There is no legal power of the UZP vice chairman
 The decision of the UZC is not given priority in the annual budget planning
 There is no regular flow of communication in between UPC, UZC and UNO
 MP's directly or indirectly influence the functions of the UZP by aligned with UNO
 Power of the local government, national-local government relationship, magnitude of
democratic as well as fiscal decentralization, and functions as well as functionaries of the
local government depend, to a great extent, on the mode of the legislature. In practice,
legislators hold wide-ranging control over local government bodies. Furthermore, local
government institutions are not just constituted by the Acts of the legislature, but also
have to comply with the rules and regulations of the government. In practice, rural local
government institutions are controlled through imprecise orders and circulars from
different agencies and/or ministries, which sometimes contradict the original Acts.
 Local government institutions cannot impose new tax or increase the rate of imposed
taxes or even finalize their budgets without approval of the government. The government
also exercises substantial financial and administrative control over local government
institutions in different ways. The annual budgets of local government units are
scrutinized and approved by different levels of the government agencies.
 The Upazila Vice Chairman acts as permanent representatives of the MP's
 The provision of separation of authorities for revenue assignment, expenditure
responsibilities and public services delivery, as well as for robust local government
administration and political and/or social justice management within a local government
body, is neither legislated nor planned. As such, basic public services are not being
delivered properly. Local political office holders get directly involved in implementation
instead of overseeing and making the other implementing authorities accountable. More
importantly, participation of local government representatives in national and/or regional
decision making and planning as well budgeting process is not evident here and,
consequently, balanced national development is not possible.
45
6.2 Recommendations
On the basis of the discussions of the present study on conflict and impediments, the following
recommendation can be suggested:
Changes have to be brought in the legal system of the Upazila so that a sound functional and
legal environment existed between politicians and bureaucrats in the Upazila level. The status of
the elected incumbents should be higher than Upazila level officials. The Upazila Parishad will
take the decision about the development of the Upazila Parishad and UNO and other officials
only provide the secretarial support to the Upazila Parishad.
All upazila level officers would be given under the control of the Upazila Parishad. Upazila
Parishad chairman will coordinate and supervise the functions of the Upazila level officials.
Upazila chairman would be main decision maker of the upazila administration an UNO would
only perform the secretarial role.
A balance has to be brought in the power of the every rival interest group. A check and balance
relationship has to be created for the every stakeholder of the Upazila Parishad. Special training
has to be arranged for the newly elected representatives so that they can easily know the legal
rules and regulation about Upazila administration.
The power and functions of the Upazila Vice Chairman has to be clear. As Upazila Vice
Chairman is a people’s representative so he should have special role in the Upazila Parishad
decision making. The advisory role of the MPs has to be cut down for giving institutional
structure of the Upazila Parishad as an effective local government unit.
Power and functions of the Adviser and other members of the Upazila Parishad should be
classified an clearly defined by the rules. Law should be modified in such a way that both local
MP and Upazila Parishad can work together for the welfare of the people.
Government Officials and zila Parishad activities should be clarified. Citizen Charter should be
made for the Thana Parishad. The function of the Vice chairmen should be clarified by the laws.
Thana Parishad chairman must not give any unlawful pressure to any government official.
Upazila Parishad should be accountable for their works
46
6.3 Conclusion
This study reveals that a strong local government system (where strong coherence is present
among various actors) can ensure good governance through transparency, accountability,
effective participation and equal opportunities for all. Most importantly, this system can ensure
development at the grassroots level, but local citizens lack awareness of this issue. By
capitalizing on this gap, central government and politicians establish their control over local
government and they use the bureaucracy for their purpose. The advisory role of MPs in local
government is to some extent forgotten, and interference by MPs in local government affairs,
particularly in development activities, has weakened the independence of local government. MPs
often dictate the development activities to be undertaken without consulting with the local
elected representatives or assessing actual need. Under the 2008 legislation, at least theoretically,
the Upazila Parishad have lost the characteristics of local government bodies, since MPs are
authorized to advise on the activities of these bodies.
The current law has already given rise to a row between Upazila Chairmen and MPs, and it is
likely that this discord will further destabilize the political arena of the country. Ambiguity in
role definition and conflicting Interests between bureaucrats and elected representatives render
the local government especially Upazila Parishad dysfunctional.
A very interesting and unfortunate reality is that local citizens appear to support the advisory role
of MPs in local government. They think that as a public representative of the constituency MPs
should have a role in local government. So, it is very difficult to confine the role of MPs in
Bangladesh to Parliament, though it is generally recognized that as a member of the legislative
assembly the first and foremost duty and responsibility of an MP is to make laws and policies.
Consequently, the data in this study reveals that the level of awareness of local citizens is low
and only 30% of respondents are concerned about the roles and functions of the Upazila
Parishad. The data from Figure 3.4 suggests that although local citizens think that they are
knowledgeable about the roles and functions of MPs, more than 60% of the sample are not
concerned about the roles and functions of the MPs. Moreover, consciousness varies on the basis
of demographic variables such as age, educational status, occupational status and gender. Among
47
the respondents 104 (65.0%) think that MPs should have a role in the local government, but
when asked the question in a different way only 47 (29.4%) of respondents supported the same
view. This could lead to a much stronger conclusion - that MPs are playing a role in local
government that is not clearly defined or accountable, and until locally-elected representatives
regain control over development activities, local government will not be fully accountable to its
electorate.
48
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 Ahsan Ullah and 3 Others v. Bangladesh 44 DLR
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RESEARCH MONOGRAPH

Local Government in Bangladesh: Participatory Democracy

Dr. Chowdhury Ishrak Ahmed Siddiky

Reg. No- 18109012

Program- Masters of Laws (regular)

Department of Law and Human Rights

Date of Submission: 08.09.2018

Chapter One: Introductory Chapter 01-08

1.2 Research Question……………………………………………………………………...02

1.3 Objective of the thesis………………………………………………………………….02

1.4 Literature review………………………………………………………………………..02

1.5 Analytical Framework………………………………………………………………….05

1.6 Limitation of the Thesis………………………………………………………………...07

1.7 Structure of the thesis…………………………………………………………………..07

The Concept of Local Government and Participatory Democracy 09-15

2.2 Definition of Local Government……………………………………………………….09

2.3 Structure of the Local Government in Bangladesh…………………………………….11

2.4 Importance of the Local Government………………………………………………….12

2.5 Basic Features of the Local Government………………………………………………13

2.6 Whether Unelected Local Government is Permissible or Not………………………....13

Chapter Three: Historical Background of Participatory Democracy in Local

3.2 British period (1765-1947)……………………………………………………………17

3.3 The Pakistan Era 1947-1971…………………………………………………………..19

3.4 Independent Bangladesh……………………………………………………………….20

3.5 In different regime……………………………………………………………………...20

Chapter Four: Constitutional Stand and Functions of Local Government in

4.2 Constitutional Obligation and Practice………………………………………………...24

4.3 The structure of Local government in Bangladesh…………………………………….27

4.4 Composition and functions of Zilla Parishad………………………………………….28

4.5 Formation and Function of Urban Local Government………………………………...32

4.6 Role of Democracy……………………………………………………………………..33

5.2 In different Political regimes…………………………………………………………...34

5.3 Permissibility of unelected/undemocratic Local Government…………………………41

Chapter Six: Concluding Chapter 44-48

6.1 Findings of the Thesis………………………………………………………………….44

6.2 Recommendations ……………………………………………………………………...46

I wish to express my deepest appreciation to my honorable Teacher Dr. Chowdhury Ishrak

Md. Ahsanul Karim

Reg. No- 18109012

Program- Masters of Laws (regular)

Department of Law and Human Rights

AUDP- Annual Upazilla Development Program

CEO- Chief Executive Officer

CO- Circle Officer

DC- Deputy Commissioner

HCD- High Court Division

LGED- Local Government Engineering Department

PIC- Project implementation Committee

PIO- Project Implementation Officer

SDO- Sub Divisional Officer

TDC- Thana Development Committee

TDCC- Thana Development Coordination Committee

UNDP- United Nations Development Programme

UNO- Upazila Nirbahi Officer

UP- Union Parishad

UZC- Upazila Chairman

UZDCC- Upazilla Development Coordination Committee

UZP- Upazila Parishad

UZVC- Upazilla Vice Chairman

1.1 Statement of the problem

1.3 Objective of the thesis

1.4 Literature Review

1.5 Analytical Framework

1.6 Limitation of the thesis