Mainul Hosein :
Soon after independence of Bangladesh in 1972, the people gave unto themselves the democratic Constitution that must have been regarded as the embodiment of the spirit and goal of the liberation war.
But that was not to happen. Bangladesh has become a fertile ground for experimenting autocracy. Most undemocratically, the party leaders are treated as permanent objects of worship not to be changed. The democratic change of leadership is stigmatised as depoliticisation. But permanent leadership is autocracy and we, by and large, have acquiesced even encouraged, leader-worshiping politics.
Our democratic Constitution is our people’s vision about the form of government, and the kind of society they wish to organise for them.
But to our great pain and frustration, we have been watching the annihilating process of all the democratic institutions. The scheme is to demolish, with a show of arrogance, the checks and balances of a democratic government for turning the clock back to the past autocracy of unchecked power so dreadfully rejected by the people. To end the judiciary its independence is to deny the guarantee of our fundamental rights.
We have a dubiously elected parliament with a more dubious opposition cravenly loyal to the government. We are saddled with an election mechanism where results are engineered to be predetermined.
It is clear to us and clear to the world outside that the country is heading dangerously towards one-party autocracy. Only difference is our autocracy, if it succeeds, is not to be a one-person autocracy, but a group autocracy in the service of group interests.
There is no scope for treating a national election as a dispute between political parties or who will participate and who will not. What is to be ensured is the right of a free people to elect their government freely. Nothing is more ignominious than to live in a situation where the country is ours but the government is theirs. The demand of free election is the people’s demand for accountable governance as required under the Constitution.
Under parliamentary constitution the structure of national election is well-known and well-preserved. The parliament is to be dissolved to declare the seats of the parliament vacant. As after dissolution of the parliament there remains no elected government to continue, the Queen or the President whoever is the head of state, while announcing the dissolution of the parliament asks the Prime Minister to continue as the interim government.
Another rubber-stamp election, for depriving the people of their right to vote to get people’s government will certainly be a huge provocation to incite violence and anarchy for freeing the election from captivity of the undemocratic forces.
The mismanagement of arbitrariness in governance has no end. Those who disagree, I have no quarrel with them, but I find the government collapsing. I see only police all around. Tyranny of lies is suffocating our potential to be good and great as a nation.
To live in fear and insecurity of life is neither freedom nor good governance. Denying free election is the worst kind of betrayal with the freedom of the people that can be conceived in a free country. The violation of human rights is a great concern not only for us but also for international human rights bodies outside.
In the backdrop, as explained, and to have a government of the people and by the people, honest and transparent, let me submit most humbly before you for your consideration, a revised formula of the caretaker / interim election time government for arranging the next general election free and fair :
(a) The constitutional structure of election time caretaker government as jointly agreed by all parties should be taken as the basis but with necessary changes;
(b) The parliament must be dissolved before the election as is done everywhere under the parliamentary system;
(c) The President in consultation with major political parties will form the election time interim or caretaker government. In case no consensus can be reach then the President will be vested with the authority to form the caretaker / interim government from among non-party eminent persons.
The worst is not inevitable if we are ready to wake from the slumber of doing nothing about our responsibility towards the country and the people.
The country must be cured of the delusion that corruption is power and the good people are powerless.
The challenge is to establish the sovereign dominance of the people in public affairs. The minus people election for minus people government must be ended.
The free election we are demanding has to be meaningfully free for constitutional democracy and democratic leadership.
Subverting free election is violation of a basic structure of the Constitution and grabbing power through such no election is manifestly unconstitutional with consequences grave for an uncertain future. (Articles 7, 21 and 65)
In order to make our freedom safe and secure we must have our government servants, police and all, permeated by a fervour of higher loyalty to the people and the country. To enjoy freedom and build our country safe for freedom must be the responsibility of all.
We must talk the talk and walk the walk to prove to ourselves and the world that we are not incapable of challenging leadership or unworthy of freedom.
About the need of the time, let me borrow words from Shakespeare,
“It is true that we are in great danger;
The greater therefore should our courage be.”
(The paper was presented at a roundtable discussion on election held at Asia Pacific Hotel, Dhaka on 28 April, 2018.)
