Problems
of Election Commission and Election time Care-taker Government System mainly
derived from recent changes in our constitution. Though the changes are recent
these sorts of problems are in no sense new for the people of Bangladesh. They
have suffered from same sorts of political discords and confrontation in last
20years. Those problems or discords were dispatched with momentary solutions
than looking for a long term solution of this problem every time they arose. As
a result they kept popping out every now and then.
The
main problem here is- how we change our constitution. We saw BNP (Bangladesh
Nationalist Party) was changing constitution during their tenure without any
participation of another major political party, AL (Awami League). As a result,
what we have noticed, AL once they are in power started changing those part of
the constitution that were created or amended without their voices being heard.
However, this went further; AL did not just stop in amending those parts of the
constitution they again went on to change the way we hold our general election
in this country. I would not go no asking about ALs intention in doing so
neither I am going to assume their intention from these acts. But I would like
to analyse the current political deadlock.
As
AL formed the government with more than two third of the seats in the
parliament they can almost do whatever they want to do in the parliament
legally but not necessarily legitimately. Now, we know parliament is the place
where all the bills are debated and eventually passed by the members of the
parliament (MPs). Most of the bills are passed in the parliament only with
two-third majority and when the ruling government have more than two-thirds of
all the seats in the parliament they can legislate virtually anything. There is
no way of stopping them unless their own party members vote against the bill.
Unfortunately it is very unlikely to happen when a member of a political party
is going to contradict party mandate or the bill that has been presented in
front of the parliament to pass as laws, because a member of a political party
is barred from voting against the party mandate. If anyone wishes to do so he
could immediately lose his membership from the party. Due to this, once a bill
is introduced by the government that bill is scarcely denied approval in the
parliament even when the other members of the parliament voted against it. MPs
from other parties have right to vote but their votes may eventually go in
vain. As a result we have seen most of the MPs from other political parties
except AL abstained themselves from joining the debate sessions in the
parliament. They knew their opinion will be insignificant and, if needed, will
be overridden by the ruling AL government. Thus we have noticed how incompetent
the parliament had been throughout the last five years. Two third majority of
AL in the parliament has galvanised its effectiveness. When it should be
playing a role of checks and balance of the government law making rather it
became a means of institutionalizing the wishes of the government by passing
laws without any debate.
The
same things happen when it comes to amending the constitution. Our constitution
simply requires two-third majority votes from all the members of the parliament
to be amended (Article 142(a)(ii)); and AL took this opportunity to implement
their desired changes in the constitution. They have altered the way we hold
elections in this country. They have abolished the impartial or non-party
election time care-taker government system. The main opposition party BNP did
not have enough voice in amending and a result we have been witnessing a strong
demand for a care-taker government whereas the ruling AL have kept on rejecting
their demand.
As
the day of the vote-casting is getting closer the demand from BNP is also
getting stronger. Consequently, we have seen strikes, shut-downs and spar of
violent clashes, where many innocent civilians have lost their lives and many
more have been injured. The miseries of those who have been injured without any
fault from their part, of the family members of those who have lost their lives
and above all of the people of this country have no bounds. I have even lost
words to describe these sufferings of people. I could not help asking what
their mistake that justify them suffering this way? They did not have any
direct voice in amending the alleged part of the constitution neither they
directly approved that. The only fault that I could think of from their part is
that they have elected a party to form a government and that government
eventually went on to change the constitution.
To
be precise, the fault is subtle than this. Practically, they have allowed a
party to form government with more than two-third majority in the parliament.
In a sense, the civilians have given ruling AL indefeasible power to make laws
and amend constitution. As a result, it appears the grieved political party BNP
is making the civilians pay for their deed (voting AL). The question we should
ask- whether their faults (if there is any at all) are so grave that would
justify making them pay this way?
While
you are thinking about that, you should also be thinking about the more important
question of how we can prevent similar types of situation from arising in
future. I would like to put forward some of my opinions regarding that process
of avoiding. Firstly if we can build another major political party, not like
the current political parties who go on forming coalition to secure their
existence, which might be able to ensure that no political party will be able
to form a government with two-third majority in the parliament. This will be an
indirect check against reoccurring similar political deadlock because it can
reasonably be expected that three major political parties will be fighting
heart and soul to get mere majority against each other to be able to form a
government. However, without any doubt, it will not be possible for a political
party to become a major one over night. It will take at least a decade or more
for a political party to be in the same political ground as AL and BNP. And the
path will not be easy going when there is no good democratic practice as the
current major parties might try their best to resist up-rise of another
competitor.
Another
possible solution can be further amendment of the constitution. But this time
it will be for good reasons. We have to add a mechanism so that no political
party can change our constitution without following a specific procedure that
will ensure voice of all political parties and so do people of Bangladesh.
Third
way of resisting this from happening- would be adding a way of referendum in
the constitution so that when any political party or government wants to change
or amend constitution they would have to seek permission from people of the
country before they can pass that through the parliament. Referendum has long
existence in many democratic countries and it would not necessarily involve
another general election. It could simply the civil society members and
constitutional experts who hold good knowledge of benefits and consequences
from the changes about to bring.
Last
two mechanisms are depended on the whim of political parties as they would
involve amending the constitution and no-one but the political party in power
or government can only change the constitution. But for the sake of the people
of Bangladesh, political parties should do this so that they themselves don’t
become victims of each other’s political whims. AL should have learned from the
tenure of BNP’s previous tenure when they changed the constitution without
their attendance and should have incorporated a mechanism in the constitution
to prevent that happening again. Sadly for the people of Bangladesh who have
elected them, they haven’t done so and instead they followed the same path as
BNP did which turned politics into violence. AL should have realized if they
lose the battle in the upcoming general election there is no guarantee that
changes will not be turned over and against their interest. From their approach
it appears if the changes are made in the constitution by another government
after general election they will also take the path of violence and bloodshed
to undo the changes as BNP has adopted at this moment. Nothing will happen to
them only the innocents to die!
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