Political parties and non-party caretaker government

H M Ershad, the chairman of the Jatiya Party (Ershad) and a former President of Bangladesh, has proposed replacement of non-party caretaker government by an interim government comprising representatives of the political parties having representation in Parliament. He made this proposal in an article published in the daily Amar Desh of 9 and 10 December last. In his opinion, an interim government headed by the President and comprising the experienced politicians of the political parties will be better than the caretaker government composed of persons who are not the elected representatives of the people. The Advisers or Ministers of the interim government will not be eligible to contest elections. This interim government shall carry on the routine functions of the government and shall have no power to interfere in the holding of general elections.

The ruling Bangladesh Nationalist Party (BNP) has ruled out the possibility of any reform in the caretaker government system.

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The other political parties that participated in the eighth parliamentary elections (2001) have not yet clearly indicated their stand on the question of reforming the caretaker government system. These parties include, inter alia, Bangladesh Gano Azadi League ( Azad), Bangladesh Hindu League, Bangladesh Islami Front, Bangladesh Janata Party, Bangladesh Khelafat Andolon, Bangladesh Krishak Sramik Awami League, Bangladesh Muslim League, Bangladesh National Awami Party, Bangladesh People's Party, Bangladesh Samajtantrik Dal, Bangladesh Workers Party, Communist Party of Bangladesh, Gano Forum, Islami Oikya Jote, Jaker Party, Jamaat-e- Islami Bangladesh, Jatiya Party (Manju), Jatiya Party (Naziur), Jatiyo Samajtantrik Dal, Krishak Sramik Janata League, and Sramik Krishak Samajbadi Dal. The newly formed political party Bikalpa Dhara, Bangladesh has also not clearly indicated its stand on the issue.

Articles, letters etc. have been appearing at the newspapers favouring and opposing reform in the caretaker government system. "Who will head the caretaker government?" was a headline in the Ittefaq of 20 December. This means that the issue is being discussed at different spheres of the society.

The AL leadership has proposed that the chief of the caretaker government should be a person with no political affiliation and must be acceptable to all the political parties. But the AL leaders have not yet elaborated on the criteria of a neutral person who would be accepted by all the political parties.

The AL's objection to holding of the next general election under the caretaker government headed by Justice KM Hasan seems to have stemmed from the notion that he "served as the secretary of the international committee of the BNP" during the regime of President Ziaur Rahman. According to one analyst, the AL objects to Justice KM Hasan because he as a judge of the Supreme Court had been embarrassed to sit on the bench in the case of appeal of his relative Col. (retd.) Farook Rahman, now on the death row upon conviction in the murder case of the President Sheikh Mujibur Rahman, the architect of Bangladesh.

During the tenure of the fifth parliament, three separate bills by the Jamaat-e Islami Bangladesh, Awami League and Jatiya Party on the framework of the caretaker government were submitted to the parliament secretariat. "The essence of these three bills was more or less similar, but differed on selection of head of the caretaker government. While Awami League was in favour of appointing the Chief Justice as the head of interim government, Jatiya Party proposed for selecting a neutral person as the head of the caretaker government, and Jamaat-e-Islami demanded for forming an advisory council headed by a neutral person to be appointed by the President"-- writes an analyst. These bills, however, were not placed in Parliament because of opposition boycott of Parliament and the ruling BNP government's reluctance to consider the case. The non-party caretaker government system was unilaterally moved by the BNP in the sixth Parliament and on 26 March, 1996 it was passed by 268-0 vote. It may be noted that the Awami League and other major political parties boycotted election to the Sixth Parliament.

It would appear from the above that it was the AL which demanded that the non-party caretaker government should be headed by the Chief Justice. The constitutional provision that exists for the appointment of the chief of the non-party caretaker government is in conformity with the AL's demand. Justice KM Hasan, who among the retired Chief Justices retired last is, according to the Constitution, the first and foremost qualifier for the job of the chief of the caretaker government.

The AL's refusal to participate in the next general election under the caretaker government headed by Justice KM Hasan is a deviation from its earlier stand on the framework of the caretaker government. As a major political party the AL cannot afford to take any action that will jeopardise our nascent democracy. It can develop a convincing proposal for placing before the people. The proposal can be included in its manifesto for the next general election.

The other political parties that have not yet clearly indicated their stand on the question of reforming the caretaker government should do so for the smooth functioning of the democratic system in the country. 'All powers in the republic belong to the people' and they will give their judgement.

M. Abdul Latif Mondal is a former Secretary to the government.