Living with contradiction and anomaly

The availability of an acceptable voters list in which the names of all eligible voters are enrolled has been left to chance, or to the less-than-credible good wishes of the Election Commission. The preparation of a near flawless voters list appears to be an uncertain proposition. The reality, as of now, according to media reports, is that the Election Commission is yet to make available a transparent voters list, and to ensure everyone's access to it in a draft form so that necessary corrections and modifications can be made. Even though such essential prerequisites are not present the election schedule was hastily announced, thereby rendering comprehensive participation extremely difficult. How an incomplete voters list does not give rise to a law and order situation on election day, and post-polling altercations and subsequent non-acceptance of declared results, remains to be seen?

An admittedly queer and ludicrous dimension of the temporary truce regarding the disposition of election commissioners is that the head of a quasi-judicial constitutional body, along with his experienced colleague, are found untrustworthy to steer the ship during the most engaging and substantive-event. Under the unprecedented situation obtaining now some election commissioners have been temporarily sidelined or made ineffective, but there is no restriction to their performing the functions of superintendence, direction and control as envisaged in Article 119 of our constitution after the expiration of this sidelining episode.

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The point to note is that the Election Commission is constitutionally required to hold elections to the office of president and for members of Parliament, to delimit the constituencies for the purpose of elections to parliament, and to prepare electoral rolls for the purpose of elections to the office of president and to the Parliament. These functions, which are undoubtedly equally important as the general election, can, however, be entrusted to the aforementioned controversial commissioners. That, definitely, is the understanding. Therefore, one may not be wrong in saying that such a patchwork solution would not be in the public interest, and that it exposes the hollowness of the establishment's declared stance to run the constitutional body in a solemn manner. The contradiction in precepts and practices is all too palpable.

The retention of the recently appointed, manifestly partisan Election Commissioner, instead of asking him to proceed on leave so as to keep him away from the entire electoral process as part of the now-lamented package deal, is disappointingly demonstrative of the partisan identity of the Election Commission. This step has not only tarnished the impartial image of the chief adviser, it has also very substantively destabilized the balance of power between the constitution and the government.

In fact, the tragedy is that we will now be hard-pressed to explain the so-called novelty or uniqueness of our constitutionally incorporated caretaker dispensation because the non-partisan image has been badly bruised by silly pronouncements, legally and morally indefensible acts and stultifying actions. The difference between public propriety and narrow partisan gain has been so blurred that proper public servants are likely to be in short supply to oversee future national elections and perform other sensitive regulatory functions.

Let us imagine the probable evolving scenario with regard to government-Election Commission relations in the not-very-unlikely event of the Awami League led coalition coming to power. Without doubt, the government of such description would like to make things difficult for the alleged partisan election commissioners despite the acting CEC's bragging that he does not care much about the government. Ground reality tells us that in the absence of functional independence under the present circumstances the Election Commission relies heavily on the courtesy and favour of the government of the day. A political government would not relish the continuance of known partisan elements, favourably disposed to its opponents, in the Election Commission. Things will not improve either if BNP led coalition becomes victorious at the hustings.

We find ourselves in this deplorable political scenario because important state institutions, including constitutional ones, have betrayed the trust reposed in them by the nation. This has been so because in the last couple of years partisanship has been painfully dominant in the affairs of the state, where comprehensive politicization is viewed as a pragmatic strategy. To compound matters further, there is no formal selection process for appointing important functionaries in a supremely constitutional body like the Election Commission. As such, it is left to the discretion, or shall one say indiscretion, of the ruling political party to appoint whosoever they choose, without caring for the niceties of professional attainments or integrity of the appointee. Recent events bear out such premonition.

For ensuring a truly effective democracy where pluralism will be a virtue, we have to strive hard to build supervisory institutions. The Election Commission should be accorded the highest priority in such a process so that this body does not become unacceptable and dysfunctional. We have to keep in view the other elections that would follow this general election, and also the 2012 election. A number of administrative measures have to be taken to ensure credible polls. These would relate to preparation of a stable voters list, electronic voting system and voter identification amongst others. The paramount accomplishment has to be the functional independence of the Election Commission through appropriate legislative and administrative intervention to the necessary extent. We may draw on the experience of neighbouring countries. Our prospective lawmakers need to be receptive and proactive.

Muhammad Nurul Huda is a Daily Star columnist.