Revisiting the constitutional and human rights law mandates for fair elections in Bangladesh: A quest for democratization

This study aims to examine the constitutional and human rights law mandates for free and fair elections. This study employs a legal doctrinal research technique to elucidate the extent to which the Constitution of the People's Republic of Bangladesh and selected legislation promote an environment conducive to free and fair elections. It further scrutinizes the judiciary's role in interpreting constitutional mandates on election models and examines its approach to addressing human rights–related issues in the absence of domestic legal frameworks. Being a theoretical study on democracy and fair elections, it employs a qualitative method. This study finds that unless any other legislation provides a legal remedy for its violation, the right to vote or participate in elections, as a component of democracy in Bangladesh, is not a constitutionally enforceable fundamental right. The rationale behind this study is to propose that Bangladesh, a signatory to core international human rights treaties, should revise its legal frameworks to incorporate the necessary reforms and adopt effective measures that uphold the principles of free and fair elections.