Committed to PEOPLE'S RIGHT TO KNOW
Vol. 5 Num 1055 Mon. May 21, 2007  
   
Front Page


Expanding Advisory Council
Govt looks to ways beyond constitution


The law ministry might suggest the caretaker government an alternative way to expand the cabinet as the constitution does not provide for pushing the number of advisers beyond 10.

Making use of the precedent for appointing advisers to look after ministries during the immediate past regime, the present administration too can create a similar post ranked between an adviser and a secretary, said a well-placed source in the ministry.

But for that to happen lawfully, the president will have to amend the rules of business.

In late April, the caretaker government asked the law ministry to find ways to expand its 10-member advisory council within the legal and constitutional framework.

The military-backed administration made the move to ease the massive workload on the advisers who seem pretty certain to do a lengthy stint in office.

Assigned, the Law Commission has recently finalised its opinion on the matter and sent a report to the ministry, said a source.

According to article 58C (I) of the constitution, the non-party caretaker government shall consist of the chief adviser at its head and not more than 10 other advisers.

A Law Commission source said the wording of the constitutional provision is clear. "There are no ambiguity here and thus no room for any other interpretations," the source pointed out.

In its report, the commission cites article 106 which says if there arises a question of law of such nature and public importance that it warrants the opinion of the Supreme Court, the president may refer it to the Appellate Division.

However, this could prove quite precarious since the apex court might not necessarily give an opinion in favour of the government, noted the source.

"There is nothing for the Supreme Court to clarify as the constitution clearly states what should be the composition of the caretaker government," observed a ministry official seeking anonymity.

Meanwhile, law ministry sources said that as of yesterday they did not receive the Law Commission's report. However, it is already exploring different options.

"The immediate past alliance government had appointed several advisers; for instance, Mahmudur Rahman as the energy adviser. It was not within the constitutional framework, but still was practised.

"The caretaker administration however cannot appoint fresh advisers like the past government since the post of each of the 10 cabinet members is that of an adviser," said another high official.

In the light of the practice, the present government may create a post ranked above secretary so the incumbent would in fact work as an adviser. "This post will be given a new name. It has already been suggested that the post be termed consultant," added the official.

Tasked with helping the Election Commission hold polls within the year 2008, the jobs in hand appear too much for the present advisory council that has already spent more than 120 days in office from January 11.

Earlier this month, Law Adviser Mainul Hosein told The Daily Star, "An adviser has to look after three to four ministries and, as you can guess, it's not easy to do justice to the jobs we are entrusted with. For quite sometime, we all have been thinking of ways to lessen the work pressure on us."

Over 60 ministers oversaw at least 55 ministries during the previous BNP-led alliance government.