For a President who can take an initiative

Sinha M A Sayeed

There is no denying the fact that it is a call of the time, call of the people of all shades, that there must be a balance of powers between President and Prime Minister in our fledgling parliamentary system of government, but the most important question is, how to strike such a balance of necessity?

Three questions are likely to originate readily:

1. Does it mean a substantial departure from the existing parliamentary system of government? Or

2. Does it imply some sorts of tailoring within the existing parliamentary system of government to increase the powers of President by putting an end to the oft quoted remark by Justice Shahabuddin Ahmed that following 12th amendment to the constitution our President, head of state, has nothing to do but to go to a graveyard to offer a munajat and to attend a milad mahfil and thus keep the system dynamic? And finally.

3. What did Chief of Army Staff General Moyeen U Ahmed indicate when he called for an immediate initiative for creating a balance of powers between President and Prime Minister?

The following propositions may logically be presented in response to all this asking:

The concept of 'balance of powers between President and Prime Minister' itself makes it conspicuous that substantial departure does not obviously call for outright switching over to a presidential system of government after American model as such an attempt will annihilate the very concept of balance because of non-existence of the office of a Prime Minister in the system.

Consequently, there remain two probabilities: One is to embrace the course of French model where a clear line of demarcation has been made between President and Prime minister on question of powers and functions, in fact, a practicable blend of presidential and parliamentary systems. Fifth Republic in France pioneered by De Gulle is branded as its beginning. If this French model is followed than a substantial departure from the existing parliamentary system introduced by 12th amendment shall take place or be struck necessarily.

And the last the option that remains is, to strike a balance of powers between the two offices within the existing parliamentary system, which shall not destroy the system theoretically and practically but increase President's power in certain areas now considered essential for the overall prestige, image and responsible continuance of the presidency.

It's my firm belief that a reasonable, practicable and acceptable balance of powers between these two august offices can also be created within the fold of the prevailing system and, to speak the truth, this can better be expressed in a prosaic-poetic from as follows:

Unlike a constitutional monarch as head of state President of Bangladesh is not so relaxed having the fate of being put under two swords paradoxically. One is constitutional, making him powerless administratively following article 48(2) read with article 48(3). Interpretations of such articles have become more lucid and attractive in the clean voice of Justice Sahabuddin Ahmed, as said before.

The other being political, arising from article 48(1), directly makes the office subject to election; following party line in parliament.

In case of a conflict between the two, Constitution prefers the former shall prevail, whatever the circumstances. But in Bangladesh, is it really so at all?

Moreover, taken these two obligations together, balance of powers exists no more between President and Prime Minister. Hence, logical asking hunt the minds of all in a parliamentary system of government: is it in our context an unavoidable reality at all? This asking practically and theoretically needs to be addressed without fail.

Let political scientists, social and political thinkers, Constitutional experts, analysts, political leaders and members of parliament, intelligentsia of various shades, be behind it for devising a best practically acceptable formula indeed.

Yes, let the president be put in a position so that he may play a role on his own; so that his voice is heard as and when required; so that at the time of a crisis, political or otherwise, he may stand high to nation's rescue.

Article 48(3), first of all, needs to be touched courageously in favour of increasing the powers of President constitutionally. Due attention shall also be given to amend article 50(2) for reducing President's political obligation by fixing the office for one term only.

Yes, it is possible. Of course, very much possible, within a parliamentary system of government without a move to French model or elsewhere.

It will be a model to be branded as Bangladesh Model largely arising from our own soil.

Let the office of President be august in true sense having a unique, respectful balance of powers between President and Prime Minister in almost all possible respects.

Sinha MA Sayeed is a faculty member of Newcastle Law Academy.