The Controversy Over Bangladesh's Special Energy Act

Bangladesh’s Quick Enhancement of Electricity and Energy Supply (Special Provisions) Act 2010 has sparked both swift solutions and heated debates.

- Abu Hena Mostofa Kamal

This Act was introduced as a fast-track remedy to the country amidst the energy crisis. The Act granted unprecedented powers to the government. But as the lights stay on and power plants rise, a shadow of controversy lingers. Critics argue that the provisions of safeguard have opened doors to unchecked authority and potential misuse. Is this law an essential tool for national development or a dangerous overreach of power?

Since the fall of the Awami Government, the Quick Enhancement of Electricity and Energy Supply (Special Provisions) Act 2010 has become highly debated. Political parties and the public have consistently called for its repeal. Various platforms, including the Center for Policy Dialogue (CPD), have recommended abolishing this Act and aligning procurement in the electricity and energy sectors with Public Procurement Rules (PPR).

A writ petition was filed in the High Court challenging the legality of several sections of the Act. The petition argues that the Act violates constitutional provisions, including Articles 7, 21, 26, 27, 31, 42, 44, 46, 143, and 145. Specifically, Section 9 states, "No question regarding the validity of any act done or purported to be done, any action taken, or any order issued or direction given under this Act shall be raised in any court." Similarly, Section 6 allows the government to negotiate directly with a limited number of organizations for energy-related projects, bypassing competitive bidding processes with ministerial approval.

Despite these concerns, the previous government extended the Act until 2026, citing the need to ensure an uninterrupted power supply amid ongoing national energy challenges.

Historical Context