There is no disagreement between the government and the opposition over restoring the caretaker government system for holding general elections. Political parties reached a consensus on the issue during discussions at the National Consensus Commission under the interim government. However, there is still a lack of clarity over how this government will be formed and through what process its chief adviser will be appointed.
The July Charter contains an agreement on selecting the chief adviser through a parliamentary selection committee. However, political differences remain on certain aspects of the selection process.
Against this backdrop, the Parliamentary Special Committee on Reformation of Constitution is now inviting proposals from stakeholders on what the framework of the caretaker government could look like. It has already received a new idea, although the framework has yet to be finalised. Questions have also been raised about how realistic the new idea is.
The opposition is not represented on the Special Committee on Reformation of Constitution. It does not want to be part of the process. People concerned said that the election-time government system has been one of the major causes of political crises in the country. If the framework for this government cannot be determined on the basis of consensus, there is a risk of another political crisis in the future.
Political disputes over the election-time government system have continued in the country for a long time. Although the 1991 national election was held under an interim caretaker government, the system had no constitutional basis. Following political movements, a non-party caretaker government system was incorporated into the Constitution in 1996. The system was abolished in 2011 through the 15th Amendment during the Awami League government. Last year, a verdict by the Appellate Division called for the reinstatement of the provisions relating to the caretaker government system.
The current government also supports restoring the system. Home Minister Salahuddin Ahmed told journalists last Sunday that a political understanding had been reached to hold the next national parliamentary election under a caretaker government. He also said the government was committed to restoring the caretaker government system through a constitutional amendment.
What was the framework of the caretaker government?
The 13th Amendment incorporated provisions for a non-party caretaker government during elections into the Constitution. It stipulated that the last retired chief justice would serve as the chief adviser of the government. If the last retired chief justice was unavailable or declined to take responsibility, the chief justice who had retired immediately before him would be appointed as chief adviser. If no retired chief justice was available or willing to take the responsibility, the retired Appellate Division judge who had most recently retired would be invited to take the post.
If no retired judge of the Appellate Division was available or none of them agreed to become chief adviser, the president would appoint a person to the post after consulting the major political parties. If no one could be found through this process either, the president would assume the responsibility of chief adviser to the non-party caretaker government in addition to his own duties.
Controversy arose over the formation of the caretaker government in 2006. At the time, the opposition Awami League (now banned from activities in the country) alleged that the retirement age of judges had been raised to ensure that a preferred person could become the head of the caretaker government. The party launched a movement over the issue. On 28 October that year, five people were killed in clashes with Jamaat-e-Islami in the Baitul Mukarram area of the capital during the Awami League’s logi-baitha movement. Four of those killed were Jamaat activists and one was a Workers Party activist.
Amid the anarchy, President Iajuddin Ahmed took oath as the head of the caretaker government. The events eventually led to the 1/11 political changeover. On 11 January 2007, another caretaker government, led by Fakhruddin Ahmed, took oath.
Although there is political consensus on restoring the caretaker government system, strong opinions were expressed during discussions at the National Consensus Commission in favour of keeping the president and the judiciary out of the process. During consultations by the constitutional amendment committee, many stakeholders have also advised that the framework be determined without involving the judiciary and the president. This has raised a fresh question: Who will become the chief adviser, and how will a suitable person be selected for the post?
What the July Charter says
The July Charter outlines a detailed framework for the caretaker government system. It proposes that the chief adviser be selected through a parliamentary selection committee. After being appointed, the chief adviser will select up to 15 advisers in consultation with the selection committee.
All 30 political parties and alliances that took part in discussions at the National Consensus Commission, including the ruling BNP (Bangladesh Nationalist Party) and the opposition Jamaat-e-Islami, agreed to the proposal. However, there were differences of opinion on certain aspects of the selection process.
The charter proposes that an election be held within 90 days after the expiry of the parliament’s term or its dissolution for any other reason. The appointment of the chief adviser to the election-time caretaker government must be finalised 15 days before the expiry of parliament’s term. If parliament is dissolved for any reason other than the expiry of its term, the appointment must be finalised within the following 15 days.
Where the differences over the process lie
The July Charter states that the selection committee will comprise the prime minister, the leader of the opposition, the speaker, the deputy speaker (from the opposition) and a representative of the second-largest opposition party in parliament.
Within 24 hours of the formation of the committee, it will seek the names of eligible candidates for the post of chief adviser from registered political parties, political parties represented in parliament and independent MPs. Each political party and each independent MP will be allowed to propose only one name. Political parties and independent MPs will submit their proposed names to the Parliament Secretariat within the following 24 hours. The committee may also search for names on its own initiative. Jamaat-e-Islami is in favour of using only political parties instead of registered political parties.
Within the next 72 hours, committee members will meet to discuss among themselves the names they have found through their own searches and those proposed by political parties and independent MPs. They will then select one person as the chief adviser of the caretaker government. The president will appoint that person as chief adviser.
If no candidate can be finalised through this process within 120 hours, the ruling party or alliance in parliament will propose five names, the main opposition party or alliance five names, and the second-largest opposition party in parliament two names for the post of chief adviser within the following 48 hours. The speaker will make the names public.
Within the next 48 hours, the main opposition party or alliance will select one person from the list proposed by the ruling party or alliance. Similarly, the ruling party will select one person from the list proposed by the main opposition. If the proposing parties reach a consensus on any one of the names selected through this process, that person will be nominated as the chief adviser of the next caretaker government. Alternatively, a candidate may be selected if four of the five members agree.
If this process also fails, two representatives of the judiciary will be added to the selection committee within the next 24 hours. However, they will not be allowed to propose any names. The seven-member committee will select a chief adviser through a ranked-choice voting system under the supervision of the speaker within the following 24 hours. The BNP, however, has a different opinion on this method. This is the main point of political disagreement over the proposal in the July Charter.
The July Charter states that if the chief adviser still cannot be appointed through these processes, the provisions of the 13th Amendment will have to be followed. However, the president cannot be selected as the head of the caretaker government in this case. The BNP, Jamaat and 26 other parties agreed to this proposal.
A new idea
A new idea emerged at a meeting of the special committee on constitutional reform last Saturday. It proposes that the upper house of parliament have a longer term than the lower house. Discussions have also taken place on whether the process of forming a caretaker government could involve the upper house.
In this case, if the post of vice-president is created, the vice-president could be made the speaker of the upper house. An alternative proposal is that the speaker of the upper house be elected with the consent of the ruling and opposition parties. The speaker would then head the caretaker government, while the other advisers would also be appointed from the upper house with the consent of both the ruling and opposition parties. The special committee made no decision on the matter at its meeting.
Badiul Alam Majumdar, a former member of the National Consensus Commission, told Prothom Alo that if the speaker of the upper house were made the head of the caretaker government, the purpose of forming such a government would not be fulfilled. This is because the person would be a political figure, which would further complicate matters.
According to him, an election-time non-party government is necessary. It must be formed on the basis of consensus. There is agreement on several issues in the proposal outlined in the July Charter. What is needed now is political goodwill. If this goodwill is not demonstrated, the country could face a grave crisis, he added.