Parliamentary election: A few issues
Bangladesh elects 300 members of Parliament from single member constituencies for a term of five years using the first-past-the post voting system in which the candidate receiving most votes is elected from a constituency. The current Ninth Parliament held its first session on January 25, 2009 (elections were held on December 29, 2008).
In all parliamentary forms of government, the dissolution of existing parliament is the first signal of a new parliamentary election.
In Australia, New Zealand, Canada and Britain, parliament is dissolved first before the new parliamentary election. The government goes into "caretaker mode" and no policy decisions are taken without consulting the opposition in parliament.
In India, the same practice is followed. The elections to the Lok Sabha (directly elected Lower House of parliament) are held after dissolution of the parliament. The prerogative of announcing the dates and conducting the elections, however, belongs to the Election Commission.
Bangladesh is out of step with other parliamentary democracies because the next parliamentary election is to be held without dissolution of the parliament
The constitution provides that parliament does not need to be dissolved before the next parliamentary election. It states that a general election of the members of parliament shall be held "by reason of the expiration of the term within the 90 days preceding such dissolution" (Article 123 (3a). This provision was adopted by parliament on June 30, 2011 as the Fifteenth Amendment of the Constitution.
The provision is not only unique but also creates practical difficulties on the ground. Some of them are as follows:
First, since the parliament is not dissolved, the MPs will hold office and receive salaries and other privileges, although during that period they will not sit as members of parliament as there will not be any session of parliament.
However, by virtue of being a MP, he/she will continue to have influence on the people and officials within the constituency. Therefore, such a situation will not create a level-playing field for other contestants for the seat of MP. The scenario will be unequal among contestants and is not in keeping with the tradition and norms of parliamentary democracy. The inequality among contestants may also contravene Article 19 read with Article 27 of the Constitution, which affirms equality of all citizens as one of the fundamental rights.
Second, an MP is disqualified from contesting the election because he holds an office of profit (Article 66 of the Constitution). The provision exempts the president, prime minister, speaker, deputy speaker, minister, minister of state or deputy minister from holding an office of profit -- but not an MP.
Third, it is reported that both major parties are likely to nominate new candidates in many constituencies at the next election. A sitting MP who has not been nominated as a candidate of the party will be a disgruntled person and in such situation he/she may have three options: (a) to support the party's candidate or (b) contest as an independent candidate or (c) work discreetly against the party's candidate for the person's defeat.
From the above discourse, dissolution of the current parliament by amending Article 123 (3) of the Constitution is imperative before the parliamentary election is held. A few MPs from the ruling grand coalition reportedly called for amendment of this provision in the parliament.
The Election Commission is entrusted with holding elections of members of parliament (Article 119). One of the keys to holding a credible and inclusive election is the procedural guarantee of a fair and free process and the need for the Election Commission to establish public confidence in the election process and election administration
One can very strongly argue that Article 66 of the Constitution is in conflict with Article 123 (3). Accordingly, it is suggested that the Election Commission may point out to the government that without dissolution of the parliament, MPs will be disqualified to contest the election under Article 66 of the Constitution. And unless it is rectified, the validity of the election of MPs will be challenged, which will be first disposed of by the Election Commission and subsequently before the higher judiciary.
To contest a parliamentary election requires a lot of money, one sign of which is the presence of significant proportion of business people/industrialists in the parliament over the years, rather than that of professional class. Furthermore, the influence of "black money" and "muscle power" during election campaign has a damaging effect on electoral results. TIB, on many occasions, has shown how the two factors distort election outcomes.
The politics of confrontation between the ruling party and the opposition party in the parliament, including the boycotting of sessions of the parliament, has become the "culture of politics," with detrimental effect. It has retarded the development of healthy democratic polity in the country. It is important for them to demonstrate tolerance and respect for each other to ensure an environment conducive to holding the next parliamentary election.
By and large, Bangladesh is linguistically and ethnically a homogenous country and this is a great inherent strength for unity among the people. However, the civil society, including the professional class, has over the years become so divided along party lines that it is very difficult to ascertain an objective assessment of an event in the country.
It cannot be denied that there is pressure from within and outside to hold free, credible and inclusive parliamentary elections. The major political parties will hopefully come to an understanding in holding an inclusive parliamentary election to fulfill the wishes and aspirations of the people of the country. I am confident that our political leaders will not, and must not, fail the people. After all, the constitution asserts that all powers belong to the people (Article 7).
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