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The way Hasina can hang onto power until 2021
→ Dr Tuhin Malik
daily sun | First Page | The way Hasina can hang onto power until 2021
Political climate is getting tense in phases. New controversies emerge centring the next general election. Politics is now overheated regarding the election-time government as to whether there will be a caretaker government or an interim administration.
In addition, tough intricacy has arisen on the prime ministers handover of power and duration as per the existing constitution. Even after dissolution of parliament, it says, the premier can stay in power for the next few years or even until 2021.
It sounds surprising, but truth is that the constitution has given the incumbent the prerogative. Article 57(3) of the national charter says, Nothing in this article shall disqualify the Prime Minister for holding office until his/her successor has entered upon office.
Article 123(3) says, A general election of members of Parliament shall be held within ninety days prior to the dissolution of Parliament, in case it is dissolved for the expiration of its term.
This is really an exception to the electoral process in the present global perspective.
If voting takes place under the present government, newly elected MPs will have to wait for three months until their counterparts leave office on completion of their tenure. That is, there will be two MPs in the same seat at the same time.
Even during and after the election period, deputy commissioners, police supers and UNOs will hold their respective offices under this government.
The election will be held by the present administration of all tiers. The Election Commission will have no scope to avoid the governments directives. So, state partisanship is inevitable during the polls.
On the other hand, the party other than the ruling one winning the polls will not be able to go to power unless the prime minister leaves the office willingly.
It now seems that the government is cautiously treading the same path with the same formula for the yet-to-be-held DCC elections.
Another complexity arose regarding the redrawing of boundaries of several parliamentary constituencies. Even, MPs of the treasury bench have accuffsed ministers for anomalies in demarcating boundaries.
If anyone lodges a case with the Supreme Court, the schedule of the national election may get caught in the quicksand like the DCC polls.
Due to this complication, the court may issue a stay order over the election.
As the PM will stay in power even after dissolving parliament in January next, she can easily rule the country employing 10-15 unelected advisers at that time.
In this way, the premier can keep a tenacious hold on power for some years or even till 2021.
If any question arises or even the matter comes to the court, it may be legalised as the Doctrine of Necessity by the court as the long-held last 1/11-time government got legitimacy in the same way.
As there is no mention of the caretaker or interim administration in the constitution, and if there is no dialogue is held or a general consensus reached, certainly the government may follow the constitutional system.
In this regard, the government can cash in on the existing constitutional method to avoid conflict or confrontation.
In 1975, the then Awami League government declared all the parliamentarians elected for next five years without holding elections through the 4th amendment to the constitution.
On this viewpoint, Bangabandhu Sheikh Mujibur Rahman was made life-time President sans polls. All those happened after amending the constitution.
When the 15th amendment ensures usurpation of power year after year without holding elections, who cares about going for democratic election?
According to the constitution, there is a provision of the prime ministers staying in power until his/her successor has entered upon office.
So, there will nothing to be worried if the election is postponed year after year like the DCC polls.
But the coming days will decide how far it is possible in the perspective of 2013 reality.
Dr Tuhin Malik is a constitution expert. Email: malik.law.associates@hotmail.com
(Transladed in English from Bangladesh Pratidin by Md Akhlak Hossain)
→ Dr Tuhin Malik
daily sun | First Page | The way Hasina can hang onto power until 2021
Political climate is getting tense in phases. New controversies emerge centring the next general election. Politics is now overheated regarding the election-time government as to whether there will be a caretaker government or an interim administration.
In addition, tough intricacy has arisen on the prime ministers handover of power and duration as per the existing constitution. Even after dissolution of parliament, it says, the premier can stay in power for the next few years or even until 2021.
It sounds surprising, but truth is that the constitution has given the incumbent the prerogative. Article 57(3) of the national charter says, Nothing in this article shall disqualify the Prime Minister for holding office until his/her successor has entered upon office.
Article 123(3) says, A general election of members of Parliament shall be held within ninety days prior to the dissolution of Parliament, in case it is dissolved for the expiration of its term.
This is really an exception to the electoral process in the present global perspective.
If voting takes place under the present government, newly elected MPs will have to wait for three months until their counterparts leave office on completion of their tenure. That is, there will be two MPs in the same seat at the same time.
Even during and after the election period, deputy commissioners, police supers and UNOs will hold their respective offices under this government.
The election will be held by the present administration of all tiers. The Election Commission will have no scope to avoid the governments directives. So, state partisanship is inevitable during the polls.
On the other hand, the party other than the ruling one winning the polls will not be able to go to power unless the prime minister leaves the office willingly.
It now seems that the government is cautiously treading the same path with the same formula for the yet-to-be-held DCC elections.
Another complexity arose regarding the redrawing of boundaries of several parliamentary constituencies. Even, MPs of the treasury bench have accuffsed ministers for anomalies in demarcating boundaries.
If anyone lodges a case with the Supreme Court, the schedule of the national election may get caught in the quicksand like the DCC polls.
Due to this complication, the court may issue a stay order over the election.
As the PM will stay in power even after dissolving parliament in January next, she can easily rule the country employing 10-15 unelected advisers at that time.
In this way, the premier can keep a tenacious hold on power for some years or even till 2021.
If any question arises or even the matter comes to the court, it may be legalised as the Doctrine of Necessity by the court as the long-held last 1/11-time government got legitimacy in the same way.
As there is no mention of the caretaker or interim administration in the constitution, and if there is no dialogue is held or a general consensus reached, certainly the government may follow the constitutional system.
In this regard, the government can cash in on the existing constitutional method to avoid conflict or confrontation.
In 1975, the then Awami League government declared all the parliamentarians elected for next five years without holding elections through the 4th amendment to the constitution.
On this viewpoint, Bangabandhu Sheikh Mujibur Rahman was made life-time President sans polls. All those happened after amending the constitution.
When the 15th amendment ensures usurpation of power year after year without holding elections, who cares about going for democratic election?
According to the constitution, there is a provision of the prime ministers staying in power until his/her successor has entered upon office.
So, there will nothing to be worried if the election is postponed year after year like the DCC polls.
But the coming days will decide how far it is possible in the perspective of 2013 reality.
Dr Tuhin Malik is a constitution expert. Email: malik.law.associates@hotmail.com
(Transladed in English from Bangladesh Pratidin by Md Akhlak Hossain)
