Success of AL reform proposals depends on the new EC

The ruling Awami League's recent proposal for empowering the Election Commission with supervising authority over the administration during the parliamentary polls echoes with the ideas floated by the past EC led by ATM Shamsul Huda. 

This means that the EC had thought of this five years ago, and at least two years before the 2014 parliamentary elections. Things could have been different in the last parliamentary polls had the proposals not been abandoned by the current EC in 2013.     

Prior to the expiry of their tenure, the Huda-led EC in February 2012 sent the then AL-led government a set of electoral reform proposals, including the ones for empowering the EC with the authority to monitor the functions of some ministries during the parliamentary elections. It had proposed making it mandatory for the Cabinet Division and three ministries - LGRD, public administration and home affairs - to consult the EC before taking any decision regarding employee appointments, transfers or postings during elections. 

The EC drafted the proposals one year after scrapping the election time non-partisan caretaker government through a constitutional amendment in 2011. The amendment paved the way for the then ruling AL to stay in power during the parliamentary election. It gave birth to a political crisis, as the then opposition, the BNP-led alliance, strongly opposed the cancellation of the caretaker system.

The previous experiences were that the party in power tried to influence the administration to win the parliamentary elections to retain power. This culture gave birth to the election time caretaker government system in 1996. 

After cancellation of the caretaker government system, the Huda-led EC had sought to empower the Commission to monitor functions of some ministries so that the administration cannot be influenced by the party in power. 

The Huda-led EC could not pursue the reform proposals as its tenure expired in February 2012. The current EC, led by Kazi Rakibuddin Ahmad, was formed in the same month. And the Law Ministry sent back the proposals to the EC in September 2012. The Rakibuddin-led EC reviewed the proposals and dropped the ones empowering the EC with supervising authority before returning them to the law ministry. Some of the proposals were translated into law, but the move to empower the EC was buried.  

Five years later, the ruling AL came up with proposals abandoned by the present Rakibuddin-led EC, offering the EC more powers than was sought by the Huda-led EC. During discussions with President Abdul Hamid on January 11 this year over the formation of the new EC in February, the party placed some proposals to him, one of which proposed the empowering of the EC with supervising authority over the entire administration, law enforcement agencies and all other departments engaged in conducting the parliamentary polls. In addition, the AL also proposed limiting jurisdiction of the polls-time government only to carry out routine work. If this proposal is implemented, the outgoing government will perform the role of the caretaker government during elections. And if all these proposals are implemented, the EC will undoubtedly be in the driving seat during the next parliamentary election. 

Therefore, the next EC to be formed in February, after the end of the tenure of the current one, must be formed with people who have integrity and leadership. Only a strong and largely acceptable EC will be able to assert its power to ensure free and fair elections. The constitutional provisions still offer the EC unlimited authority to ensure free and fair elections. However, in the past, the EC was unable to assert its power due to weak and fragile leadership.  

What can a strong EC do? Let's look at the example of the Indian Election Commission. During the last parliamentary election in 2014, the EC, upon receiving complaints, ordered the transfer of some officials, including five superintendents of police, one district magistrate and two additional district magistrates in West Bengal. 

Mamata Banerjee, Chief Minister of West Bengal, was furious at the EC for ordering the transfer of officials in her state ahead of polling. "I challenge the Election Commission to remove anybody while I am in charge," she declared. "How can the Election Commission transfer and name new officers without consulting the state government?" asked the chief minister.

In New Delhi, the EC did not respond to Mamata's challenge, saying it would release a press statement if needed. But things took a different turn when media, quoting sources in the EC, ran reports that the EC has the option of cancelling or postponing polls in certain West Bengal constituencies if the officers are not transferred. This worked like tonic. Mamata calmed down. Her government agreed on transferring eight officials of her state.

In February 2012, Union Law Minister Salman Khurshid was compelled to apologise to the EC.

At an election rally for the ruling Congress candidate, Khurshid had violated the code of conduct relating to the Uttar Pradesh state polls by promising a nine percent sub quota to the minorities.

The EC then wrote a strong-worded letter to President Pratibha Patil, seeking her intervention. Finally, Khurshid apologised. "I treat this matter as unfortunate and regret the statement. I bow to the wisdom of the EC and remain personally committed to ensure that such situations do not arise," Khurshid said in a letter to then chief election commissioner SY Quraishi.

In Bangladesh, in the recent zila parishad elections, some ruling party MPs allegedly influenced the election by participating in the electioneering for their preferred candidates. In doing so, they violated the electoral code of conduct which imposed a bar on them from campaigning for any candidate. But the EC could not do anything. There are numerous examples of the current EC's inability to enforce the electoral laws for the sake of fair elections over the last three years. 

Therefore, the next EC must set an example to restore people's confidence in it and in the electoral system. Before the next parliamentary elections, the new EC will have the scope for dress rehearsal by holding some local government elections in 2018. If it can do well in the dress rehearsals, it could help the EC to regain people's confidence. But now the most important thing is to form a strong EC with neutral and efficient people. Otherwise, no reform will work. And the ruling party's reform proposals, even if they are translated into law, might not be able to bring any significant change in the prevailing situation.

The writer is a senior reporter of The Daily Star.