Bangladesh will mark a significant shift from the existing parliamentary practice, if the government goes ahead to hold election before the end of its tenure without dissolution of parliament by January 24, 2014. In such a situation, the government would retreat from its previously declared position on the forthcoming election. On several occasions, ruling party leaders have promised to hold election exactly in the same manner as in other parliamentary democracies around the globe.
But elections in all major parliamentary democracies from the East to the West, including the United Kingdom, Canada, Australia and India are always held after the dissolution of their parliaments. There is no single instance of holding elections with parliament still running under any circumstances in any of these countries – not even in an emerging or experimental democracy.
Bangladesh Election Commission officials, however, said that they were still not sure as to how the next general election was going to be held in the country. “The EC does not know whether the statement of Prime Minister Sheikh Hasina that the next national poll would be held without dissolution of parliament is final,” Election Commissioner Abu Hafiz told reporters on Wednesday.
Asked about the EC’s plan to resolve this issue, Election Commissioner Brig. (Rtd) Jabed Ali said that they would sit with all stakeholders and legal experts to find out ways and means to ensure a level playing field for all, if indeed the election was held under a party government.
“Ensuring level playing field for all candidates is our responsibility. If necessary, we shall change the RPO or the electoral code of conduct to ensure the level playing field through consulting with the concerned experts,” he added.
Section 123(3)A of the latest amendment to the Constitution made by the present government said, “A general election of members of Parliament shall be held within 90 days after Parliament is dissolved, whether by reason of the expiration of its term or otherwise than by reason of such expiration.” Though the opposition BNP and some other major parties have opposed this provision, the Prime Minister has clearly said that election would be held under the party government as per the Constitution.
As per the Constitution, all ministers and state ministers will enjoy the privileges and protocol during the election in the country as in other countries in the world.
“If elections can be held under a political government in the UK and our neighbouring country, why can’t it be in our country? We’ll do everything possible to ensure level playing field for each candidate,” Jabed said.
Asked if the commission has any plan to help resolve the ongoing political crisis, Jabed said, “Political crisis will be resolved politically. We have the Constitution to follow. We have to work in accordance with the Constitution.” The Election Commission wants all political parties to join the election. “We request all to take part in the election with an enthusiastic and fervent environment,” he added.
Responding to another question on violation of the code of conduct “by the Prime Minister”, the Commissioner said the code of conduct becomes effective after the announcement of the election schedule. The commission has nothing to do if the PM or other persons engage in poll campaigning immediately after being elected.
“If anyone thinks it’s a violation of laws, he can move court,” he suggested.
The commission is now preparing lists of polling stations and booths and it will announce the election schedules in time, Jabed said.
Experts, however, opined that creating a level playing field for all candidates would be tough if election is held without dissolving Parliament.
They also questioned that this move may be contradictory to the spirit of the other constitutional provisions.
Even senior officials of the Election Commission admitted that they were yet to frame the rules to ensure a level playing field under the scenario where lawmakers and ministers will contest election keeping their office.
The situation is unique as in no other parliamentary democracy, election is held by keeping the lawmakers in office, EC officials noted.
In other parliamentary democracies, however, the Prime Minister advises the head of the state to dissolve Parliament on completion of the government’s tenure and tenders resignation. But the Prime Minister is requested to continue as interim head of government.
Commenting on the situation, barrister Rafiq ul Huq pointed out that steps must be taken to ensure a level playing field and all stakeholders should determine the procedure.
Talking to The Independent, Dr Akbar Ali Khan said the government’s stance in this regard was contradictory to its own rules.
“This government has passed a law that requires resignation of a sitting mayor before contesting mayoral polls to ensure a level playing field, though previously sitting mayor can contest election without resigning from office. Now is it logical for the same government to introduce a provision under which ministers and lawmakers are going to contest election without resigning from their offices,” said Dr Khan, a former adviser to the caretaker government.
Many also questioned whether the lawmakers would be allowed to contest in the election as there is a provision in the constitution that a person “who holds any office of profit in the service of the Republic” will be disqualified from being a lawmaker.
Former election commissioner Brig. (Rtd) Shakhwat Hossain also felt that the poll panel would have to face a herculean task to create a level playing field if election is held keeping the lawmakers and the ministers in their offices.
He pointed out that though the Bangladesh Election Commission is much more powerful than the Indian Election Commission, the success of an election depended on the integrity and the will of the persons who will delegate the power.
“In India, only the CEC is a constitutional post; but in our country all the election commissioners are enjoying the priviledge. Secondly, the Indian EC does not have the power to frame election rules as that is done by the Indian government. But here the EC has the sole power to frame election rules. Only election laws like RPOs are approved by Parliament. And thirdly, the Indian EC does not have the power to cancel the registration of a political party which our EC has,” he explained.
Dissolution of parliament, not only in parliamentary but even in some semi-presidential systems, is a must for dispersal of a legislature to call an election. As per constitutions of various parliamentary democracies around the world, parliament must be dissolved before the maximum length of a legislature. Even early dissolution of parliament takes place on many occasions in many countries for an early election.
In the UK, the Crown dissolves parliament before a general election under conditions laid out in the Fixed Term Parliament Act 2011 (dissolution). When the British parliament is dissolved, MPs immediately become members of the general public, losing all privileges they used to enjoy. All facilities and services for MPs at Westminster are closed at 5 pm on the day of dissolution of parliament.
In Canada, as per the House of Commons Procedures and Practices, the Governor-General dissolves parliament before every general election on the advice of the Canadian prime minister. In Australia, a general election also takes place only after the dissolution of parliament by the Governor-General of that country. And, of course, the parliament is dissolved each time before a parliamentary election in India, the world’s largest democracy.
Even in Malaysia, an emerging democracy in Southeast Asia, and Pakistan that was under the military dictatorship for most of its 66 years since independence, parliaments were dissolved ahead of their recent general elections.
-With The Independent input
