As many as 35 political parties have sought a wide range of reforms to the constitution but one demand — the reinstatement of the caretaker government system — stands out with 22 of them vouching for it.
The caretaker government with non-partisan administration was introduced after the fall of dictator HM Ershad in 1990 as an ad hoc system and was incorporated into the constitution through the 13th amendment in 1996. It was abolished in 2011 through the 15th amendment.
For all latest news, follow The Daily Star’s Google News channel. Political parties that back the caretaker system are BNP, Jamaat-e-Islami, Jatiya Nagorik Committee, Communist Party of Bangladesh (CPB), Bangladesher Samajtantrik Dal (Bashod), Jatiyatabadi Samamona Jote, Bangladesh Jashod, Bangladesher Samajtantrik Dal (Marxist), Bangladesher Samajtantrik Party (BSP), Bangladesher Biplabi Communist League, Bangladesh Labour Party, both factions of Gono Odhikar Parishad, Nagorik Oikya, Jatiya Party (Kazi Zafar), Bangladesh Jatiya Party (BJP), Ganosamhati Andolon, Rastro Sangskar Andolon, Revolutionary Workers Party of Bangladesh, Jatiya Samajtantrik Dal (JSD), Khelafat Majlish and Bangladesh Muslim League.
BNP wants the reinstatement of the 13th amendment that stipulates a non-party caretaker government headed by a chief adviser upon dissolution of parliament.
The amendment authorised the president to appoint the last retired chief justice as the chief adviser. But if the last top judge is unavailable or unwilling to take the responsibility, the president may choose from among the previously retired chief justices. If all of them are unavailable or unwilling, the president may pick any other former judge of the Appellate Division, beginning with the one who retired last.
But if all these options fail, the president may, after consulting major parties, appoint a qualified Bangladeshi to head the caretaker government. If all these options are exhausted, the president may, as a last resort, assume the responsibilities of the head of the caretaker government in addition to his role as the president.
Jamaat advocates a provision of an impartial caretaker government in the constitution. It favours empowering the president to seek assistance from the United Nations and the international community to hold national elections.
The Nagorik Committee, comprising the July uprising leaders, said the caretaker system would become redundant once “the state is freed from the interference of the executive branch”. “However, the next two elections may be held under a caretaker government.”
Bangladesh Jashod proposed a two-year tenure for the caretaker government.
Gono Odhikar Parishad (ex-Ducsu VP Nur faction) suggested capping the government’s tenure at four months, saying it should be formed on the basis of consensus among the political parties in parliament. Bangladesh Jatiya Party (BJP) also came up with a similar proposal saying the president should form a caretaker government in consultation with major political parties.
Based on the experience of 12 previous national polls, Bashod proposed a “supervisory” entity or caretaker government that will hold a free, fair, acceptable and participatory election in three months.
Favouring the restoration of the caretaker system, Ganosamhati Andolon suggested forming an interim government comprising members of the upper house. JSD also floated a similar proposal, saying the caretaker government should be formed with independent or non-partisan members of the upper house.
Rastro Sangskar Andolon proposed that a caretaker government take charge within a week of declaring the election date and dissolution of parliament. However, the ruling party leader, the opposition leader and the chief justice should meet and select the chief adviser before the polls date is announced. If the three fail to reach a consensus, the last retired chief justice may be made the head of the caretaker government.
COMMISSION’S PROPOSALS
The Constitution Reform Commission has proposed an interim government system to oversee elections and outlined a method for appointing the chief adviser. It recommended a National Constitutional Council that includes the president, the prime minister, the leader of the opposition, speakers of both houses, the chief justice, one opposition deputy speaker from the lower house, deputy speaker of the upper house, and another member, elected by members of both houses, who don’t belong to either the ruling party or the main opposition.
This council will remain in office even after the dissolution of parliament. In the absence of the legislature, the council will consist of the president, the chief adviser, the chief justice, and two members of the advisory council nominated by the chief adviser.
The reform commission has outlined provisions for appointing a chief adviser with seven options by order of priority.
The first option, requiring seven of the council’s nine votes, is to appoint any individual who is not on the council. If that is not possible, the council may resort to the second option, requiring six votes, to appoint a former chief justice or a former judge of the Appellate Division. If that fails, the council may, upon unanimous agreement, appoint the president as the chief adviser. Failing that, it may appoint the last retired chief justice as the head of the caretaker government.
However, if the last retired top judge declines to assume the role, the commission will have to approach the one who retired immediately before and work backwards. If all former chief justices are unavailable or if all of them refuse, the commission will consider the last retired appellate judge. Failing that, it will work backwards till it finds one willing to shoulder the responsibility.
PROPOSALS REGARDING PRESIDENT
Both factions of Gono Odhikar Parishad, Bhashani Anusari Parishad, and Jatiya Party (Kazi Zafar) proposed that the same person should not hold the posts of the head of the state, the head of government, and the chief of the party at the same time.
BNP and Gono Odhikar Parishad (Nur) proposed introducing the post of a vice president. JSD suggested that the vice president preside over the upper house.
Gono Odhikar Parishad (Nur) and JSD said a neutral and non-partisan person should hold the position of the president. Gono Odhikar Parishad (Nur) also suggested that members of both the houses and provincial assemblies vote to elect the president.
Jatiya Nagorik Committee and Islami Andolan Bangladesh suggested that the president be able to send proposals to parliament for discussions. Both parties proposed two-term limits for president with a stipulation that the person holding the post of president will be ineligible to become PM.
The Nagorik Committee proposed that the president should be the commander-in-chief of the armed forces.
Jamaat-e-Islami suggested that the lower house recommend the name of the president based on a majority vote, and the upper house approve it with a three-fourths majority. The president should have the power to dissolve parliament under certain circumstances without requiring the PM’s advice.
Gono Odhikar Parishad (Faruk Hasan faction), Bhashani Anusari Parishad, and Jatiya Party (Kazi Zafar) advocated for increasing the president’s powers.
Gono Odhikar Parishad (Faruk) also suggested that the presidential election be held two and a half years after the parliamentary election.
Rastro Sangskar Andolon proposed that the president should be elected by MPs, with the opposition nominating the candidate.
The prime minister should keep the president informed about matters related to national and foreign policies and, if requested by the president, refer any matter to the cabinet for consideration, the party proposed.
Gono Odhikar Parishad (Nur faction), Insaniyat Biplab Bangladesh, Jatiya Nagorik Committee, and Islami Andolan Bangladesh proposed countrywide polls for electing the president.
Nagorik Committee and Islami Andolan suggested that the PM may continue to advise the president on appointments to constitutional posts but that need not be binding.
PM’S TENURE
BNP proposed limiting the prime minister’s tenure to two consecutive terms.
CPB, Gono Odhikar Parishad (Nur) and Pragatishil Green Party also proposed limiting the PM’s tenure to two terms.
Bashod, Ganosamhati Andolon, JSD, Jatiyatabadi Samamona Jote, Bangladesh Labour Party, both factions of Gono Odhikar Parishad, Jatiya Party (Kazi Zafar), Bangladesher Samajtantrik Party, and Pragatishil Green Party proposed two-term limits for the president, the PM and also the MPs.
BNP proposed introducing the post of deputy prime minister.
Ganosamhati Andolon, Jatiya Nagorik Committee, Islami Andolan Bangladesh, Bangladesh Labour Party and Jatiya Party (Kazi Zafar) are of the view that the same person should be allowed to hold only one of the three positions — the prime minister, the leader of the house and the chief of a political party — at any point of time.
Nagorik Committee and Islami Andolan Bangladesh proposed that a prime minister be disqualified from holding any position of the state and be restricted from joining corporations or businesses.
Nagorik Committee suggested that the central bank become the custodian of the prime minister’s properties and assets.
Nagorik Oikya proposed that the PM be barred from holding any party position and cabinet members will be ineligible to become president or general secretary of any party.
COMMISSION’S PROPOSALS ON PM, PRESIDENT
The commission proposed limiting the tenures of the president and the prime minister (as well as that of parliament) to four years, instead of five, and two terms, consecutively or not.
The president will be elected by a majority vote of the electoral college, comprising all members of both houses, 64 district coordination councils and city corporation coordination councils.
An individual will be eligible to hold only one of the three positions of prime minister, the leader of the house and the chief of parliamentary party at the same time.