[chottala.com] Absolute power in PM's hands

News Analysis

JS Dissolution, Cabinet Size: Absolute power in PM's hands

Prime Minister Sheikh Hasina's remarks regarding the president's
jurisdiction over dissolving parliament and determining the size of
the incumbent cabinet do not conform to the constitutional provision.

On Wednesday, in the House, she said the next parliamentary polls
would not be held by retaining the current Jatiya Sangsad. "When the
time comes, I will meet the president and tell him that we want
election. It is the jurisdiction of the president to decide when
parliament will be dissolved and whether the current cabinet will
continue or its size will be reduced," Hasina said.

But the constitution provides Premier Hasina with absolute authority
to decide when parliament will be dissolved if it does not get
dissolved automatically on the expiry of its tenure. Before the expiry
of the tenure, the president may dissolve the House only on the
written advice of the premier, meaning the life of parliament depends
on the premier's decision.

Similarly, it is the absolute jurisdiction of Prime Minister Hasina to
determine whether the current cabinet will continue or its size will
be reduced. She will decide who will resign from and who will be
retained in her cabinet. The president may appoint individuals as
ministers if she advises him to do so.

There is no ambiguity in the president's jurisdiction. Article 48 (3)
of the constitution clearly says: "In the exercise of all his
functions, save only that of appointing the prime minister pursuant to
clause (3) of article 56 and the chief justice pursuant to clause (1)
of article 95, the president shall act in accordance with the advice
of the prime minister."

Even in these two cases, his discretionary power is very nominal
because he has no option but to appoint the leader of the majority
party in parliament as prime minister.

And in the case of appointing the chief justice, the president is
expected to appoint the senior most judge of the Appellate Division.
It cannot be said that the president makes this appointment without
the prime minister's advice.

However, Hasina's announcement on Wednesday of a dissolution of the
incumbent Jatiya Sangsad before the next parliamentary polls is being
considered as a major breakthrough in the prevailing political
deadlock over holding the next parliamentary elections.

Scrapping the non-partisan caretaker government and retaining the
Jatiya Sangsad during the election are considered as the two major
obstacles to making the next parliamentary polls free and fair with
the participation of the major political parties.

Interestingly, the constitution's 15th amendment brought about by
Hasina's government last year now prevents the present parliament from
completing its five year tenure. If the government wants to allow
parliament to complete its five year tenure, then the next polls must
be held within its last 90 days, meaning the polls will be held
without dissolving the current Jatiya Sangsad.

So there is no alternative, but to dissolve the running parliament at
least three months before it completes its tenure. Or what the
government can do is reinstate the previous provision by amending the
constitution which would allow parliament to get dissolved after
completion of the tenure and holding polls within 90 days of the
dissolution.

The premier's announcement, however, has triggered widespread
speculation as to whether her government is going for early polls at
least by a few months before the scheduled time.

http://www.thedailystar.net/newDesign/news-details.php?nid=250652


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