EC formation law: JS body suggests cosmetic changes

The parliamentary standing committee on the law ministry yesterday finalised the Election Commission bill after recommending some changes, including in the criteria for appointment of the chief election commissioner and other commissioners. 

The final report will be placed in parliament tomorrow, and the Jatiya Sangsad is likely to pass the bill on Thursday, said chief of the committee Shahiduzzaman Sarker, who is an Awami League MP.

The report was finalised during a two-hour meeting at the JS Bhaban.

Talking to reporters after the meeting, Shahiduzzaman said one of the sections of the bill says any person convicted for a criminal offence involving moral turpitude and sentenced to at least two years' imprisonment will not be eligible for the post of CEC and other commissioners.

"We have recommended removing the words 'two years' from that section. We want no person convicted in a criminal case involving moral turpitude to be appointed as the CEC or other commissioners," he said.

Besides, the bill says in order to hold the EC posts, one should have at least 20 years of work experience in any important government, judicial, semi-government or private posts.

"The committee has recommended to add 'autonomous and other professions' besides the words 'government, judicial, semi-government or private posts' in that section," he said.

"If the amendments are acknowledged and then the bill is passed, people from different professional bodies -- autonomous and others -- will be eligible for the posts of CEC and other commissioners," the AL MP said.

BNP MP Rumeen Farhana, a member of the standing committee, strongly criticised the proposed law, saying it was prepared hurriedly without taking opinions from political parties, experts and other stakeholders.

Talking to The Daily Star, she said she told the meeting that the law was not meant for forming the EC, rather it was for forming the search committee.

"There are no differences between the gazette issued by the president in 2017 on formation of the search committee and the proposed bill. That's why different quarters are terming it a law for a search committee," she added.

She suggested including a provision in the bill that will make it mandatory for the search committee to disclose the names of people it will recommend to the president for the EC appointments.

Those persons will also have to disclose information on their wealth, she suggested.

The suggestion, however, was not considered.

Law Minister Anisul Huq placed the "Appointment of the Chief Election Commissioner and Election Commissioners Bill-2022" in parliament on Sunday seeking to give a legal shield to the current and previous Election Commissions formed through search committees, amid opposition from BNP lawmaker Harunur Rashid.

The bill was later sent to the parliamentary standing committee on the law ministry for scrutiny. The committee was asked to submit its report before the House within seven days.

Once passed, the law will provide legal cover to all activities of the search committees.

Sources said the Awami League-led government wants to pass the bill as quickly as possible so that the upcoming Election Commission can be constituted through a search committee in line with the act.

The tenure of the incumbent commission, led by CEC KM Nurul Huda, expires next month.

Replying to a question from reporters, Shahiduzzaman said, "No, the law is not being framed for giving any indemnity."

Talking to reporters, the law minister refuted the allegations of trying to give "impunity" to the current and previous Election Commissions through the proposed law.

He said there are two issues in laws -- one is indemnity while the other is legal coverage. "The two things are different," he said.

"If you go through section 9 of the proposed law, you will understand that no one would be given indemnity under it," he added.