Constitutional Right of Speech and Floor Crossing of MPs: A Comparative Analysis with the Legal Framework of Other Countries

Abstract

A Member of Parliament, as a citizen of Bangladesh, has all the rights including freedom of speech and expression. However, the provision prohibiting floor crossing by the Member of Parliament seems to be contradictory with constitutional rights provided by the constitution. Especially, it curtails the constitutional right of freedom of speech. Balancing the practice of freedom of speech with political discipline and stability is key to a prosperous democracy. This paper argues that the provision prohibiting floor crossing has adverse effects on the constitutional rights of MPs. It compares the current state of the provision of floor crossing in Bangladesh with other countries. This paper also suggests a way of improving the provision of floor crossing in Bangladesh.

Keywords

• Constitutional rights
• democracy
• freedom of speech
• floor crossing
• right to vote