TIB Model for election-time government

Widening chasm at the fastest rate between Sheikh Hasina and Begum Khaleda Zia is now the moot concern for us all. But time is passing speedily as well knocking at the door of Election Commission to take all necessary preparation for holding election to the next 10^th parliament which is likely to be held between 10 October 2013 to 14 January 2014. Both the leading parties AL and BNP are still rigid on their respective stands as to the nature and form of election-rime government. Centering such uncertainties more and more new formulas and models are being presented by various thinks, bodies and political parties on different occasions. Some of them are overambitious; some are idealistic while others are close to reality. In my piece titled ’Ershad’s letters to two ladies’ in the last issue of Dhaka Courier focus was made on Ershad’s letters to Sheikh Hasina and Begum Khaleda Zia. The issue in point, which should rightly be called concluding and phase two now deals with Transparency International Bangladesh (TIB) model for election-time government.

In fact, urging for immediate dialogue between the two major political parties AL and BNP in particular to devise a model for an election-time government with a view to creating an atmosphere for holding a free, fair and neutral elections to the next 10^th parliament conducted independently by Election Commission, Transparency International Bangladesh (TIB) floated a blueprint at a press conference at Dhaka on 12 April 2013, which, it is believed realistically, may also operate, inter alia, as a possible aid/tool for their reaching at a conclusion as to the nature and form of election-time government. Under the plan the two major political parties in particular shall through negotiations come to the point of consensus formula in the mode and manner that---------

The Speaker of parliament will call upon the political parties to submit the names of their nominees for parliamentary consensus committee and the political parties will submit the names of their members to the Speaker. The committee may be formed taking equal members from the both alliances. Under the scheme the two major alliances shall come to the point of consensus that---------

This parliamentary consensus committee will select the chief of the government with consultations with the ruling and opposition alliances. The committee will also select the names of a 10-member cabinet of the proposed government.

The government members will be selected before 30 days of the expiry of the present government's tenure so that President can hand over power to the government dissolving the parliament.

About the process of appointment of the members of government, the TIB proposal noted the consensus committee will select its chief through consultation and will prepare the list of the other members of the government through consultation with the chief of the government or the committee will select the 10 members and then will select the chief of the polls time government with consultation with the 10 members.

The chief of the government may be an elected or non-elected person. If the consensus committee could not reach a consensus in selecting the chief of polls-time government, it will prepare a list of three names and put forward to the President through the Speaker and the President will appoint one out of the three as the chief of the government to oversee the election.

The 10-member cabinet could be selected from the two alliances on equal basis or the basis of ratio of votes in the last three parliamentary polls. Besides, the cabinet member may also be non-elected persons.

About the function of the government, the TIB proposal said the government will hold an election within 90 days from assuming power. If any disaster affects the nation, the tenure can be extended for another 90 days to hold the polls.

The members of the government can neither take part in the 10th parliamentary elections nor can hold any post of the next government.

The President will call upon the chief justice to administer oath to the members of polls-time government. If necessary, the President will advise the government during the election.

In fact, the Model presented by TIB deserves to be viewed as under:

a. The model is an appreciative and evaluative venture in the context of ongoing political landscape in Bangladesh. It is mostly akin to the model now being followed in Pakistan. The major difference lies in determining the final authority at the backdrop of the failure of Parliamentary Consensus Committee is that in Pakistan it is the Election Commission to choose a Prime Minister/head of election-time government from among the three names submitted by the PCC and in Bangladesh it is the President through Speaker who will do so finally choosing one from among three names placed by the PCC:

b.Pakistan’s model was agreed upon broadly between or among the political parties in the National Assembly because In Pakistan leaders pointedly the leaders of the major political parties are by far accessible to each other and one another, which is still a dream in Bangladesh’s context. Above all, the two ladies are so rough, tough and allergic to each other that hardly there is any person in today’s Bangladesh who may be considered as acceptable to them consensually. Therefore, Bangladesh has been bearing an adverse legacy of yes or no in politics and statecrafts mostly because of these two leaders of the major two petticoat parties which is conspicuously not available in Pakistan::  and

d. It is limited within the boundary of the set alternate options since it could not point out specifically that what shall happen if all the attempts fail due to rigid party line approaches and strategies. In fact, there must have an end point of everything for example in Greece it is the Judiciary and in the  repealed  Thirteenth amendment to the constitution of Bangladesh that dealt with non-party, neutral CTG such provision was inserted markedly as article 58C (6)

But the provision became an object of target when after the refusal of KM Hassan (then constitutional choice as the immediate past CJ) to sit in the chair of CA so many confusing interpretations on article 58C (3) and (4) [now scrapped] were made and raised by BNP law-makers as to who would be the CA and then eventually the order of the appointment to the office of the CA was superseded jumping from article 58C (3) to (6) violating and trampling  the orders in succession (4) and (5) in 2006. Thus, in Bangladesh perspective it was put into operation in the worst unconstitutional manner. Had it not taken place, yes, there is no dearth of suspicion that this very provision was a unique innovation in its entirety.

That’s why, if nothing happens in any of the lines inserted in the TIB model then a point/provision may be added or made in line with article 58C (6) of the scrapped Constitution (Thirteenth Amendment) Act of 1996, which denotes in the present context that in the wake of failures of all the options to choose a person as head of election-time government) it is the President who shall then also take over as head of election-time government accommodating immediately ten persons to be recommended by the political parties depending on the ratio of their representations in the last parliament or in the last three parliaments.

There is no denying the fact that under all the circumstances, TIB is sincere, committed and fair to find a solution that will ensure free, fair and neutral elections to the satisfaction of all concerned.