Emergence of another 1/11

[This was published in Dhaka Courier on 31 January 2012]

Looking at the ongoing volatile political landscape in the country many line of thoughts are actively taking of another one eleven type of army-backed government as the last resort to save the country from immediate overall havoc. Is the appearance of another one eleven now free from constitutional bottlenecks? Is there any guarantee in full that free and fair elections are possible under such government in the end? How can a possible route be devised to suit the very purposes of holding free and fair election? Keeping all these queries in mind let us see and visit the realities centering the model of government to the next elections to the 10th parliament.

Next election to the 10th parliament may take place under any of the following five models of governments:

a. Under the ruling party led by Sheikh Hasina keeping parliament alive; or

b. Under the immediate past regime led by Sheikh Hasina; or

c. Under a Non-party, neutral Care-Taker Government through mutual understanding of the ruling and the oppositions largely between AL and BNP; or

d. Under a National Government consisting of members of various political parties through mutual understanding of the ruling and the oppositions largely under the folds of AL-led grand alliance and BNP-led 18-party coalition; or

e. Under a model of another army-backed 1/11 Care-Taker Government without prying of political parties.

At the outset, the ruling grand alliance may take decision to hold elections to the10th parliament being in power without dissolving the parliament in accordance with the provisions of the Constitution (Fifteenth Amendment) Act of 2011 or it can do so by dissolving parliament forty two days before the elections in pursuance of the verdict of the Appellate Division of the Supreme Court of Bangladesh.

If it follows the existing provisions then again there may arise a vital question whether the post of a member of parliament is profitable one. In that case Election Commission may have to seek legal opinion of the Supreme Court. Interestingly enough, if SC says ‘no’ in that case the ruling party has no option but to stay from this coveted way. Further complications may crop up whether can government legally take resort to this method even after the green signal of SC keeping alive the SC’s verdict of ‘dissolution of parliament forty two days before election’? All these legal issues shall have to be settled beforehand if the ruling party prefers this route finally.

If the ruling party takes decision to resign forty two days before the elections in pursuance of the verdict of the Appellate Division of the Supreme Court of Bangladesh then it has to do so by amending the constitution accordingly.

On all accounts these two alternate options a and b are very easy to talk theoretically under the shadow of relevant constitutional provisions but in practice neither of them is so trouble-free to get implemented without challenges from the oppositions who are hardnosed on question of holding elections only under a non-party, neutral CTG.

In the wake of the failure of the party in power to use any of the above two alternate course the issue of a non-party, neutral care-taker government or a national interim government comprising of members of various political parties through mutual understanding of the ruling and the oppositions largely under the folds of AL-led grand alliance and BNP-led 18-party coalition may come up as focal point. And for either this c or d amendment to the constitution shall be necessary.

If all the routes to give birth to a government for the period of holding elections to the 10th parliament fail to match with the ongoing political landscape in the country then the ongoing speculation on the certainty of the emergence of another one eleven here above marked as ‘e’ may see the light of the day logically and it may even be supported by the vast majority with a view to avoiding any national catastrophe in line and manner with that of 2006. Further fundamentals may be established taking resort to any or few or all of the following dictums

1. Doctrine of necessity; or

2. Doctrine of efficacy; or

3. Principles of Inductive Logic based on Law of causation and Uniformity of nature; or

4. Islamic Shariah law.

Doctrine of necessity and Doctrine of efficacy that is 1 and 2 may again be retarded by the dictate of contained in the verdict of SC that annulled the 5th amendment to the constitution. Principles of Inductive Logic based on Law of causation and Uniformity of nature and Islamic shariat law are otherwise of the same nature of 1 and 2.

Well, if such one eleven becomes a reality by applying any or few or all of them unquestionably the prospective initiators will have to think and take into note first of all the newly inserted clause A of the article 7 in the Constitution of Bangladesh made through the Constitution (Fifteenth Amendment) Act, 2011(Act X1V of 2011) in view of the fact that the Clause reads

7A. (1) if any person, by show of force or use of force or by any other unconstitutional means

(a) abrogates, repeals or suspends or conspires to abrogate, real or suspend this Constitution or any of its article;or

(b) subverts or attempts or conspires to subvert the confidence, belief or reliance of the citizens to this Constitution or any of its article,his such act shall be sedition  and such person shall be guilty of sedition.

(2) if any person

(a) abets or instigates any act mentioned in clause (1); or

(b)approves, condones, supports or ratifies such act,his such act shall also be the same offence.

Regarding the sentence of such offences the sub-clause (3) notes that ‘Any person alleged to have committed the offence mentioned in this article shall be sentenced with the highest punishment prescribed for other offences by the existing laws’.

Therefore, keeping alive all the provisions contained in the Article 7A in the constitution, if another army-backed one eleven, whatever the nature, mode and form might be, appears as an actuality the confirmed protections it needs include 100% guarantee to get indemnified for the violation of the constitutional provisions of article 7A or that the very article shall have to be scrapped from the constitution with no effect since the day of its enactment in 2011. This can only be done through two-thirds majority votes in Parliament. So, the initiators open or secret, of one eleven must have to be ensured that they would be indemnified on the first day in the first session of 10th parliament. To do so certainly they need a back-up of the forthcoming majority party/alliance in parliament.  If they feel any apprehension of not getting such indemnity by the possible wining party in the elections then they will have no better line of attack but to choose or create a party/alliance committed to the issue of their indemnity, which necessarily invites interference with free and fair elections under this very army-backed non-party, neutral CTG.

Therefore, the pertinent asking crops up are our political parties in particular AL and BNP aware really of all these?