Noman Mosharef :
The new law for formation of EC has been a new topic for discussion in the political arena in the country. Political parties and civil societies have exposed their mixed reaction to the new law.
All on a sudden, the government on Monday (January 17), approved the draft of the ‘Chief Election Commissioner and Election Commissioner Appointment Act, 2022’ in order to have a law in this regard as per the constitution.
As per the proposed law, a search committee will be formed with approval from the President over the constitution of the EC. After that the search committee will recommend the names of suitable candidates before the President to appoint the CEC and other election commissioners.
The article 118 (1) of the constitution states, “There shall be an election commission for Bangladesh consisting of 1 [the Chief Election Commissioner and not more than four Election Commissioners] and the appointment of the Chief Election Commissioner and other Election Commissioners (if any) shall, subject to the provisions of any law made in that behalf, be made by the President.”
In the meantime, main opposition Bangladesh Nationalist Party (BNP), other political parties and civil societies told of their dissatisfaction to the draft law.
BNP trashed the draft law saying that the law would not yield any positive outcome and it would only protect the interests of the ruling party.
It further said the government’s attempt to legitimise the ongoing process of forming a loyal and incompetent election commission in the interest of the ruling party will produce the same result as in the past. This time it’s possibly going to be even worse than in previous elections.
Nagorik Oikya President Mahmudur Rahman Manna said this law will not bring any differences on the appointment process of CEC and EC and Bangladesh is going to get another worst EC under this law.
Former DUCSU VP said, ruling party have no legitimate acceptancy at home and abroad. They want to create a fair image by passing this law. But it is misfortune for the nation that they are going to get a tame EC.
Prominent lawyer and also Gano Forum President Dr Kamal Hossain said there was a provision in constitution for enacting a law for formation of EC. It hasn’t happened in so many years, which is matter to disappoint. The government is finally going to enact the law. It deserves praise. But we have to see what is in the law, what is there. It’s hard to comment right now without looking into the law.
“I think it would be possible to avoid controversy if the law is enacted in consultation with all,” he said. Otherwise, the crisis will remain.
On the other hand, civil society has also conveyed their dismay over the draft law.
Transparency International Bangladesh (TIB) has demanded that the enactment of an EC formational law be essential to finalise it (the proposed law) through a complete scrutiny and detailed analysis on the basis of the opinions of the civil society or all the stakeholders before the enactment of such an important law which will reflect a constitutional pledge. So, the draft law will have to be made public soon for all.
TIB Executive Director Dr Iftekharuzzaman said the draft law proposes the EC would be formed through a search committee as usual, which is inconsistent with international experiences. “Apart from setting some general criteria for the search committee, the details of what is in the draft law are still unknown to stakeholders and civil society.
Dr Badiul Alam Majumdar, Secretary of Shushashoner Jonno Nagorik (SHUJAN): Citizens for Good Governance said the President held dialogue with the political parties three times. The EC on then formed through the search committee and in their recommendations. If this is given a legal form, it will not bring good to anyone.
If such a law is enacted, it could emerge as a new national problem. So the government should make the law with everyone’s opinion.
