The thick line between ‘state’ and ‘government’

Tue July 16, 2024 08:00 AM Last update: Tue July 16, 2024 08:00 AM

Illustration: Anwar Sohel

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Illustration: Anwar Sohel

The distinction between “state” and “government” is theoretically clear, but in practice complicated. If we compare the state to a chair with four legs, the government represents only one leg. Despite this clear theoretical distinction, the government often assumes full control over the state, especially in weaker democracies. In such contexts, the distinction between state and government is blurred, often leading to the dissolution of the state into the entity of the government.

The state consists of four main elements: population, territory, government and sovereignty. Of these, the government is the most tangible element, consisting of a small number of people elected for a fixed term, supported by the majority of the population. In a republic, the people own the state and elect representatives to run the state for a fixed term. These representatives, who form the government, are tasked with formulating and implementing policies aimed at the welfare and aspirations of the people, with the support of the state employees. Article 11 of the Constitution of Bangladesh clearly states that “there shall be effective participation of the people through their elected representatives in the administration at all levels”, a principle that should be reflected in all democratic countries.

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Governments composed of people are inherently prone to errors in their primary responsibility for governing the country. A key advantage of a democratic society is the presence of multiple parties and individuals aspiring to form a government. If the government does not perform its duties adequately, the people have the power to replace them in subsequent elections, entrusting these duties to other parties and individuals. In addition, various institutions such as parliaments, opposition parties, legislatures, media, civil society and other related bodies emphasize deviations during the term of the government. The overarching goal is the well-being of the people and the reflection of their aspirations.

These attributes define a democratic state. While many people are familiar with this definition and related terminology in political science, it is worth repeating because these concepts are often forgotten. Politicians, policymakers, public officials, and the media, along with the general public, often overlook the structure of the state and the distinction between state and government. As mentioned earlier, in weak democracies, this distinction becomes especially blurred, leading to autocratic change in government. To prevent this, modern state systems emphasize the “separation of powers” between the branches of government, a principle that helps maintain a balance of power and prevent autocratic rule.

In a democracy, the government usually consists of three branches: the legislative, the executive, and the judicial. The legislative branch, responsible for making laws, and in Bangladesh, is represented by the national parliament. The executive branch, which includes the prime minister and cabinet ministers, implements and enforces these laws, and has considerable power. The judicial branch, separate from the legislative and executive branches, includes courts and judges responsible for interpreting and applying the law, ensuring justice, and maintaining consistency with the constitution. The judiciary must operate independently to provide checks and balances and protect individual rights, free from political influence. Article 22 of the Bangladeshi constitution mandates the separation of the judiciary from the executive. However, this separation was not officially introduced until 2007, and the executive still appears to have considerable influence over the legal system, particularly in the lower courts. Strict adherence to the separation of powers is crucial to preventing any state from gaining absolute power and becoming a “Frankenstein’s monster.” British politician Lord Acton famously said, “Power tends to corrupt, and absolute power corrupts absolutely.” History is full of examples of absolute power leading to the erosion of civil liberties and the growth of corruption.

In Bangladesh, political and official discourses often accuse critics and members of the opposition of “anti-state and anti-government conspiracies,” even for criticizing government policies. Such accusations exploit ambiguities in legal terminology. For example, in August 2022, a student at a public university was handed over to the police by university authorities, accused of “engaging in anti-state activities” simply for liking the Facebook page of an opposition student organization. The police later released him, finding no evidence of inciting a riot. According to the student, he had criticized the current government in an internal text group on Facebook Messenger, leading to him being wrongly labeled “anti-state” and handed over to the police.

The law must draw a clear distinction between criticism of the government and opposition to the state. Suppressing criticism of the government by labeling it “anti-state” will ultimately harm both the government and the state. In September 2016, the Supreme Court of neighboring India issued a landmark ruling on the matter. The court said that harsh criticism of the government does not amount to insulting it or treason. The sedition charges apply only when the actions incite public unrest or violence. The ruling emphasizes that anyone can criticize the government without being subject to charges of defamation or treason.

Moreover, it is crucial to clarify the role of “government employees.” Are they employees of a particular political party or of the state of Bangladesh? The Constitution refers to them as “public servants,” making it clear that they are government employees and not political appointees. While political governments change every five years, public servants do not. Their primary role is to serve the state and work under the direction of the legitimate government. Political governments cannot use public servants for political purposes, and public servants must maintain political neutrality. The Conduct of Government Servants Rules, 1979, clearly state that no government servant shall be affiliated with any political party or participate in any political activities, and while they may vote, they cannot indicate their electoral preferences. However, in practice, some government employees are tempted to lean towards political parties, thereby undermining the mandated neutrality and compromising the integrity of the democratic process.

It is therefore crucial to reconsider and strengthen the principles that distinguish state from government. Government, made up of temporary elected representatives, must operate within the law, serving the people, not the other way around. This is particularly important in weaker democracies, where the risk of government abuse of power is higher. Public awareness and understanding of these principles is essential to protecting democracy and ensuring that government remains accountable to the people. A clear distinction between state and government is fundamental to the functioning of a democratic society. The state, with its permanent structures and institutions, provides the framework within which government operates. Government, as an elected representative body, must respect this framework, observe the separation of powers, and maintain its accountability to the people. By upholding these principles, we can ensure that democracy flourishes and that people’s rights and freedoms are protected.

Asinur Reza is the coordinator of the South Asia Governance Program at The Asia Foundation. He can be reached at (email protected)

The views expressed in this article are those of the author.

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