Next JS Elections PM's remark, a few questions
The constitution does not support Prime Minister Sheikh Hasina's remark made in London Thursday that the next general election would be held as per the parliamentary democratic system in other countries.
The amendments to the constitution made last year have reinstated a peculiar provision that says parliamentary polls will be held within 90 days prior to the expiry of a parliament's tenure. If a parliament is dissolved before its tenure ends, the election will be held within 90 days of its dissolution.
This means all lawmakers would still be holding office and seeking re-election when the nation goes to polls. This raises the question if there would be a level playing field during the next election.
Countries like the UK, the birthplace of the Westminster system, India, the world's largest parliamentary democracy, New Zealand, Canada, and Australia do not have such provisions in their constitutions. Parliaments in those countries get dissolved before elections.
In many countries, including the UK and India, the outgoing cabinet stays in office during the parliamentary polls. The outgoing cabinet acts as an interim government and refrains from making any major and policymaking decisions during that period.
The prime minister should have specified names of countries where such constitutional provision exists allowing all lawmakers to stay in office and seek re-election. Otherwise, people might get confused by her remarks.
The odd provision had actually been present in Bangladesh constitution since 1972. But the rule did not apply as none of the parliaments since then and until 2001 actually completed their tenures.
With the introduction of caretaker government system from 1996, the provision was removed and a new provision was introduced that elections would be held within 90 days of a parliament's dissolution.
The seventh parliament was the first to complete its five-year tenure in 2001 and after its expiry a parliamentary election was held. The eighth parliament also completed its five-year tenure. But the ninth parliamentary election, scheduled for January 22, 2007, could not be held on time due to proclamation of the state of emergency in the wake of grave political turmoil.
Through the new amendments to the constitution, the ninth parliament dissolved the caretaker government system and restored the provision of the 1972 constitution that says the elections should be held within 90 days prior to a parliament's dissolution on expiry of its five-year tenure.
This has ensured that Prime Minister Sheikh Hasina's government remains in power during the next elections and functions in full swing.
On Thursday, when a five-member team of All Party British Parliamentary Group for Bangladesh met her, she made the remark apparently to defend the cancellation of the caretaker government system and her government's staying in power during the polls. She had made the remark on a number of occasions before as well.
Her government staying in power during the polls has triggered widespread fear of possible political unrest ahead of the next polls as the main opposition BNP-led political parties have declared that they would not take part in the polls if the ruling Awami League-led government stayed in office.
Prime Minister Sheikh Hasina, if she meant what she had said, has to make some more moves to restore people's confidence in her government. Her government must amend the constitution again and remove the provision that allows legislators to remain in office during the polls.
Otherwise, the demand for a non-partisan government would only get louder.
http://www.thedailystar.net/newDesign/news-details.php?nid=243830
Constitutional reform
http://www.prothom-alo.com/detail/date/2012-07-25/news/276439
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