Bangladesh is planning a decisive constitutional provision was to abandon the general election under a temporary non-party interim government- illustrate and explain.
1.0 Introduction
The Caretaker Government of Bangladesh is a form of government system in which the country is ruled by a selected government for an interim period during transition from one government to another, after the completion tenure of the former. As the outgoing government hands over their power to the interim government is in its transitional government most. Colony belongs to any political party, and they may not be to participate in the transitional government. Main goal is to create an environment in which elections cannot be carried out without the political influence of the outgoing government in a free and fair. But now a day’s Bangladesh is planning a decisive constitutional provision was to abandon the general election under a temporary non-party interim government, a claim which is visible from the main opposition party politics in the country put on a fresh phase of decreased volatility.
According to officials and newspaper reports, a special parliamentary committee on has reached the decision to abolish the caretaker government system in line with a recent apex court judgment and obtained Prime Minister Sheikh Hasina nod last night to scrap the constitutional provision.
2.0 History
The caretaker government system was inducted in the constitution of Bangladesh in 1996 through the 13th Amendment. The transitional government was established one in 1990, when it is three party alliances joint application. After the forced resignation of General Ershad, the three unions, the Supreme Court, Ahmad Shahbuddin sovetnikom. Perehodnoe senior adviser to senior government officials in the Prime Minister of themselves that regular government, except for defense instead. Importing Advisors in Quebec minister. Since 1996, the transitional government elections held in 1996, 2001 and 2008.Although the first government of the transition from authoritarianism to democracy transition, a penny of this system, it was written in 1996, six of the Parliamentary Party of Bangladesh, you pay a nationalist boycott succumb to pressure. Government of the transition from one care was established primarily to provide a neutral election, Bangladesh as a precondition for democracy, not. Care taker government was mainly formed to place a neutral election in Bangladesh as a pre-condition of democracy. Though election is not the only pre-condition for democracy, it has to be accepted that it is undoubtedly the most important condition. The people can exercise their power only through free and fair election. Article 7 (1) of our Constitution says, “All powers in the Republic belong to the people,
And their exercise on behalf of the people shall be effected only under, and by the authority of, this Constitution.” Article11 of the Constitution says, “The republic shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person shall be guaranteed and in which effective participation by the people through their elected representatives in administration at all levels shall be ensured.”
2.1 Previous Constitutions
One of the more interesting constitutional innovations of recent times is the Bangladeshi Non-party caretaker government. This is covered in chapter IIA of the Bangladesh Constitution.
From the Constitution;
58B. Non-Party Care-taker Government
(1) There shall be a Non-Party Care-taker Government during the period from the date on which the Chief Adviser of such government enters upon office after Parliament is dissolved or stands dissolved by reason of expiration of its term till the date on which a new Prime Minister enters upon his office after the constitution of Parliament.
(2) The Non-Party Care-taker Government shall be collectively responsible to the President.
(3) The executive power of the Republic shall, during the period mentioned in clause (1), be exercised, subject to the provisions of article 58D(1), in accordance with this Constitution, by or on the authority of the Chief Adviser and shall be exercised by him in accordance with the advice of the Non-Party Care-taker Government.
(4) The provisions of article 55(4), (5) and (6) shall (with the necessary adaptations) apply to similar matters during the period mentioned in clause (1).
58D. Functions of Non-Party Care-taker Government
(1) The Non-Party Care-taker Government shall discharge its functions as an interim government and shall carry on the routine functions of such government with the aid and assistance of persons in the services of the Republic; and, except in the case of necessity for the discharge of such functions its shall not make any policy decision.
(2) The Non-Party Care-taker Government shall give to the Election Commission all possible aid and assistance that may be required for bolding the general election of members of parliament peacefully, fairly and impartially.
3.0 Present Constitutional changes
The Supreme Court has declared illegal a 15-year-old constitutional provision that mandates an elected government to transfer power to an unelected non-partisan caretaker administration to oversee a new parliamentary election on completion of its term. Supreme Court said, “The Constitution (Thirteenth Amendment) Act, 1996 (Act 1 of 1996) is prospectively declared void and ultra vires the Constitution.”[1]In the same decision, the High Court said the election can be happened under the previous law for two periods, in the interests of national security and its people can be carried out. Six members of the Court of Appeals bench, ABM Khairul Haque chaired by the chief judge, who decided on a petition against the High Court (HC), the sentence appeal 13 changing the constitution otkloneny. Suds asked parliament to amend the constitution to former Chief Justice or other Justice of the Supreme Court does not act as head of government in the event of a system for another two elected parliamentary elections. A seven-member SC panel, headed by Chief Justice ABM Khairul Haque, reached the verdict on majority vote. Elections to the tenth and eleventh Parliament may adopt, in accordance with the provisions of the Thirteenth Amendment above. Parliament, but at the same time has the right to make any necessary changes, without sending them to training former Chief Justice of Bangladesh or an appeals court judge as head of government of non-party custodian. Introduced in 1996, the 13th Amendment to the Constitution by an elected parliament of the controversial non-party interim government will hold three elections in 1996, 2001 and 2008, to be free and fair by local and foreign observers were seen. The Bill was passed by division vote with a majority of 291-1 for Prime Minister Sheikh Hasina’s ruling alliance.
3.1 Is the Elections Commission Becomes the Substitute of Caretaker Government?
After the end of caretaker government the national election will be held under the election commission. Which arise a big question of transparency? Another key change proposed in the bill deals with the timing of the elections. According to the bill, elections will be held under the elected government within 90 days before parliament is dissolved. Parliament will stay, but it can’t hold any session during the 90-day election period. Elected legislators will not accept the position until the five-year period ending on the outgoing parliament, after the proposed constitutional amendment. According to the constitution,
118. (1) There shall be an Election Commission for Bangladesh consisting of a Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time direct, and the appointment of the Chief Election Commissioner and other Election Commissioners (if any) shall, subject to the provisions of any law made in that behalf, be made by the President.
(4) The Election Commission shall be independent in the exercise of its functions and subject only to this Constitution and any other law.
So, the new rule follower can easily say that the parliamentary election can be successful without the caretaker government. They can support them by the point independent election commission. Under the caretaker government System, one elected government hands power to the end of his term in a non-partisan administration of a guardian to oversee the elections. This is more efficient according to the opposition parties. So this change left a big question that is the election will be transparent and fair by the holding government. This is most effective according to the opposition parties. So this change left a big question that is the election will be transparent and fair by the holding government.
4.0 Political Unrest because of the Recent Provisional Changes
We have already faces different political unrest because of this decision. We have faces strikes in different phases. “A week after their general strike that brought Bangladesh to a standstill on June 5, the main opposition party Bangladesh Nationalist Party (BNP) and its ally Bangladesh Jamaat-E-Islami declared a 36-hour long strike from June 12. The Bill was passed amid protests from various quarters including the BNP-led opposition, which has been boycotting the House since the current session began in May. The BNP, which has been opposing the annulment of the caretaker system, was asked by the ruling alliance to put forward an alternative but it did not. Bangladesh Jatiya Party (BJP) and Islami Oikya Jote (Aminee), the two other allies of the Four-party alliance, have also declared to observe the strike. The reason behind this strike is the same as the last one: Protesting the recommendations of the parliamentary special committee on constitutional amendment and demanding a continuation of the caretaker government system.” This unrest also effect on our economy very badly. Move to amend the Constitution, has caused much debate and raised new fears of political unrest at a time when the Government intends to almost seven per cent GDP growth in the fiscal year beginning July 1.
5.0 Reasons to change
The main reason to change the constitution of caretaker govt. is the last works of caretaker govt. which was in 2007. But most questions have been raised about the fate of the last transitional government, formed in January 2007 followed by the extreme political crisis that has ruled the country for nearly two years. The last caretaker government had, therefore, exceeded its mandated term, which according to the constitution allows it to stay only for 90 days. All political leaders have been highly critical of past military-backed interim government 2006-08. The last caretaker government attempted to control corruption by sending hundreds of politicians – including Sheikh Hasina and Khaleda Zia – to jail on charges of abusing power and illegally amassing wealth. The general people think this is the main reason to change the constitution of caretaker government. Peoples become confused about the recent changes because, in 1990 all the political parties including Awami league were fought against Ershad to bring democracy as well as the caretaker government. Some people think Biased Caretaker Government Brings Bangladesh on the Verge of Constitutional Crisis. But governments point of view not to bring 1/11 again like the 2007. Another reason may be the former president Iajuddin Ahmed. Prezident was involved in the dispute, since he was appointed senior adviser to the interim government. He twice before unilaterally decided to deploy the army, appointed two commissioners of elections, and would make Election Commission (EC) has announced the election schedule and hope to people with all advisors face-down on this. Such actions triggered a wave of controversy and deepened the political stalemate. Seniors and bloggers across the country and abroad have raised questions about the sudden change, noting that the government waited until the full version SC because no one knows the details of this yet. They said that the constitutional amendments are extremely sensitive and cannot be one of the interests of a particular political party.
6.0 Drawbacks of Caretaker Government according to the constitution
First, the law as it exists the possibility of manipulation by the ruling party chief consultant in the mail to place cheap. As the principal adviser to the Council and elected by his election to influence the administration, the party in power to ensure the beginning of maneuver calculated to persons known to be a member or party will be appointed to this position.
Secondly, the present law leaves the selection of the advisers entirely to the chief adviser. The principle of neutrality should be a governing factor in the selection. Besides, both the ruling party and the main opposition party should have the scope to suggest such neutral persons. During the interim government after the fall of Ershad, Justice Shahabuddin used these lists provided by the different political parties.
Third, board members, including chief adviser, to give a written undertaking that they get no choice in the next election, or to the office of profit under the Government to be elected.
Fourthly, article 58 E of the present law confers extraordinary powers to the president. In a parliamentary system this is contrary to the underlying principle. Our jurists and political parties must consider the issue in order to prevent division of the executive powers of the government. The president must remain above all controversies.
Fifth, if the government manipulates the government to influence the outcome of elections in their favor, the interim government to take measures to counteract these measures.
7.0 Some suggestions to Solve the Problem
First and foremost suggestion is that, the political parties should come forward and sit together to come up with valuable solution without doing any political unrest. The government also needs to ensure the transparency of EC. Increasing the transparency of the electoral process. The panelists called for more transparency in the general election. Speakers argued that the voter registration and voter “smart cards are the most important issues. However, they expressed concern about the timing of the development of reliable identification of the voter. Creating a certificate program will be a long process, as well as a list to hold the restoration of democracy. Such delays may strain the public’s patience with the interim administration. We must focus on the electoral process and system institutional problems. In other words, there should be emphasis on the “institutionalization of reforms.” One possibility would be to focus on political parties and push for internal reforms and laws, political parties. The panelists generally agreed that this reform can be successful only with the participation of the parties. All the reforms, the parties will be dismissed so quickly reversed, such as political parties to get their power. So here is a probable solution might be an advanced online voting system when citizens would be able to use their ID and cast the vote only once.[2] The concept of a transitional government in the transitional period, the end of the term of the elected government and elections to install a new government are not new. Those who follow the Westminster style parliamentary system, familiar to him. If the general election is scheduled and the date is fixed, the outgoing government remains in power, but in reality it is a temporary government. In accordance with established practice and tradition of the outgoing government did not expect to meet this new law or important policy decisions. They are expected to simply carry on the day- to -day routine work of the government. Government should bring a solution to stop the future political unrest. As we have seen that BNP is doing road march all over the country against this constitutional change.
8.0 Conclusion
The caretaker government system was introduced to meet a special need. Both the AL and BNP and other political parties should reach a consensus through discussion on how or under whom the general elections should be held in future. Ironically, the interim government was introduced in 1996 as part of a powerful movement led by the Awami League. According to some experts, the culture of conflict and mistrust, which was established in the policy, encourages the continuation of the transitional government for a while. All elections held under the CG were relatively fair and credible elections in the recent past, the ruling party. Our democratic institutions and electoral commission has not yet strong enough to free elections, fair and transparent lead to bias and irresponsible ruling party. With this new development of a transitional government asked the people in turmoil pushed back, allowing the general public in complete uncertainty and insecurity in our lives. It is difficult to understand why people are so influential class of mixed that throws the general public and people in crisis. We understand that it is easily possible for them to live in a society for all of us avoid confrontation and misunderstanding.
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[2] Caretaker Government in Bangladesh [1990 – 2011] – An Early and Digital Demise. Question, http://bangladesh-tanim.blogspot.com/2011/07/caretaker-government-in-bangladesh-1990.html