Caretaker government, Election Commission and beyond

Of late, there are various fresh debates for and against the constitutional institutions of caretaker government and the Election Commission. Some of the ideas being floated are 1) to get away with the provision of giving a monopoly of the position of chief adviser to the last retired chief justices; 2) to select a neutral person as the chief adviser through consensus of all the parties (though "Party" itself still remains undefined); 3) to decide whether command over defence should rest with the president; 4) to empower the election commission with independent secretariat and financial autonomy. The purpose underlying these issues is to ensure a fair and impartial administration of election, but can these alone serve the purpose? Will it change the post-election scenario of the past?

Local self-government and up-dated voter list
All voters expect and desire that they be allowed to vote for the persons of their choice in peace, but as all the people are not well educated, it is difficult, for the time being, to adopt electronic or other advanced voting system. The local administration machinery traditionally serving as returning officers, though under the command of the election commission, are not necessarily unbiased and immune from invisible hands of influence, particularly when they are alleged to have been politicised.

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In the absence of established system of local self-government, possibly non-party based, there is no genuine record of birth and death of the citizens, and thus no authentic voter list, though some projects were undertaken to prepare voter list, ridiculously enough, with foreign aid. Local self-government can bring discipline, mutual respect and accountability at the very local level that may lead to proper voting with the participation of the entire citizenry. Introduction of 'Koban' police system (a Japanese system adopted by many ASEAN countries) along with scientific local self government system with elected representation may reduce terrorism, corruption and social disorder, and bring peace in the society. There is no need to apprehend MPs' loss of influence, who are supposed to be responsible, full-time lawmakers at the national level.

CTG, NSC, EC
Let us suppose that the chief advisor of the care-taker government is selected through consensus of some existing political parties, as demanded by some. In normal situation, parliament members can, and probably should, seek people's views on any matter of national interest, and debate in the parliament. Political groups or parties can definitely create public opinion. People will know who or which party wants to speak for them.

It is very likely that any person who may suddenly take charge of a caretaker government as its chief advisor will be disadvantaged to run the affairs of the government for about three months and help the election commission run the election fairly without advance preparation and without full and effective support of the government machinery. There may also develop a new set of allegations. Under our circumstances, caretaker government system is an innovative solution, but it was a quick fix, which need be improved to serve its purpose. There may be created a permanent body such as, "Non-party national security council" which will help the election commission run all elections, including by-elections fairly, and perform other duties assigned.

It is beyond argument that the elections shall be run by election commission and all executive organs must provide all logistics necessary. Its power and duties may be restructured to cover any shortcoming.

Right to know and Ombudsman
A constitutional provision of access to public information, i.e. the provision of public disclosure may minimise corruption as well as the causes of corruption in public entities. It is a constitutional obligation to establish the office of ombudsman with clear provisions to be embodied in the constitution for its effectiveness.

Election Review Board and constitutional court
In case any violation of election law is proved after even the election result is declared, the Election Review Board may reverse the result and take corrective measures as per provisions of law or as per any provision that may be incorporated in the amended constitution.

For settling cases or matters involving any question of constitutionality, a constitutional court may be established.

Will a fair election guarantee people's right?
In the last 34 years, there were many elections -- fair or reasonably fair, but could the election results offer the people opportunity to enjoy their rights and any share of desired prosperity? Many might put forward different excuses for our present miserable situation. Some will even dare take pride in whatever we have as achievements.

With a population of about 140 million with per capita GDP of US$ 420 or so, a currency devalued from Tk.7.30 in 1971-2 to about Tk.61 to a Dollar in March, 2005, miserably low rate of literacy, destroyed industrial base, poor technological standing, dysfunctional institutions, deteriorating educational system, broken chain of command in the bloated administration, degradation in social values, uncheckable propensity for submission to dependency and external influence or interference for petty personal gain, callousness about national interest, drainage of valuable and hard earned foreign exchange for avoidable service sector and destruction of financial institutions for unknown reasons, that are needed for economic revitalisation, it would be mere irresponsibility to be complacent. Had the legal framework and the constitution bound the administration with responsibility, things could be different.

Hartal and parliament boycott
Hartal is not acceptable to the people, but there must be some safety valve to relieve people's explosive grievances by including a provision of "People's right of enactment on direct initiative" in the constitution. This is introduced in the Philippines with record of smooth transfer of power after chronic troubles.

Session boycott is not a healthy parliamentary democratic practice, but the rules or even constitutional provision must guarantee equal right of all members in the parliament without question. The permissible absence from parliament without vacating seat may be limited to 15 consecutive sitting days without leave, and the quorum may be one-third of the total members. The membership is supposed to be a responsible full-time job and, if necessary, the remuneration and entitlements of the members may be raised reasonably to enable them to serve full time without financial difficulties.

Who can do and what?
It is always the leadership in power that can change the fate of a nation with right and timely initiatives, and it is again its government that can destroy all the potentiality of the nation. It does not take someone long to ponder where we have been led to.

There are many people in this country, who know the art and science of building a prosperous state. We know what policies should be adopted, what institutions should be set up, what laws are to be framed, what implementation procedures should be followed, how priorities should be set, what kind of manpower should be groomed and trained, and how to allocate meagre resources to form at least critical mass for economic take-off, and how to use budgeting and taxation system as developmental policy instruments. We can incorporate provisions in the constitution that can guide us as to what type of investment we should encourage or discourage, what should be conditionality for inward and outward foreign investment, whether or not to enter into any agreement, contract, treaty or convention, etc. to protect national interest.

The leadership need only to have political will to move ahead with full trust in our own people, give them responsibility, encourage them to succeed and appreciate them for results. The country can achieve even the unachievables in a relatively short time. The power and responsibility of policy making lies with the parliament members on behalf of the people, not with the public servants.

Amendments to the constitution
All these initiatives may call for comprehensive changes in the constitution. The law makers shall have to devote themselves to framing coherent laws to support building a disciplined and developed nation. As constitutional change will need two-third majority which the present coalition partners have, it is desired of them to come to realisation of their grave responsibility the people entrusted them with and take initiative to seek people's help with open mind to amend the constitution so that it can guard the government from damaging long-term national interest, and guide us towards right policy and practice.

The wisdom of the entire nation may always be available to any nationalistic and patriotic government caring for the welfare of the people. Two-third majority may not be there so often. Time is simply running out very fast for all concerned to come to sense and be wise for the long-term interest of the nation. Mere selection of chief adviser of the caretaker government or empowerment of EC alone cannot do any real good. We must think much beyond and avoid ad hocism.

Mustafizur Rahman, PhD is Chairman, Institute of Development Strategy, Dhaka.The views expressed are of the author's own, and not necessarily of the organisation he represents.