A. Mannan :
I am a free but casual columnist, do not write so frequent, currently my mind is bogged down with interpretation of Articles 56(4), 57(3), 58(4), 72(3), (3a) and 123(3b) of our Constitution since the issue has been a live burning issue of the day in view of the constitution of the Election Commission and up-coming elections in all fronts. We all know when the Western front is quiet, the Eastern one gets hotter by the day. Obviously, there is need in a hurry to cool down the heat.
In depth let us look at Article 56(4) that speaks of as to how to choose a Prime Minister in between the period when Parliament has been dissolved until next general election after dissolution. The President will take the vote of the Members of Parliament who were Members of Parliament before dissolution to decide the issue.
The Article 57(3) says that nothing shall disqualify the Prime Minister for holding office until successor has entered upon office. It does mean that Prime Minister will remain, no matter whatsoever, as Prime Minister until new Prime Minister is chosen after election.
Similarly, Article 58(4) of the Constitution is clear that Prime Minister and Ministers will also continue to hold office until successors have entered upon office.
Contrarily, Article 72(3) of the Constitution clearly states that unless sooner dissolved Parliament shall stand dissolved on the expiration of period of 5 years from the date of its first meeting i.e. Members of 10th Parliament in no way remain as Members of Parliament after expiration of 5 years term ending on 28-01-2019. Let me explain that the 10th Parliament held its first meeting on 29/01/2014; it does mean that the next election has to be held based on
(A) Article 123(3a) that takes the stand that the next general election is to be held within preceding 90 days of such auto dissolution after completion of 5 years tenure i.e. election is be held within preceding 90 days i.e within 31-10-2018 and 28-01-2019.
(B) Whereas Article 123(3b) categorically spells that any dissolution of Parliament for reasons other than the completion of 5 years term will warrant general election to be held after such dissolution within 90 days thereafter.
Impacts and Implications due to the ‘A’ and ‘B’ above: – In a nutshell, ‘A’ above means Prime Minister and Ministers as such may discharge duties in case of option ‘A’ and Members of 10th Parliament will function as Members of Parliament as well since Parliament has not been dissolved during the preceding 90 days.
We take, say, two extreme situations of ‘B’ above hypothetically: (i) When Parliament is dissolved, say, on 28-01-2019 then election is to be held within 90 days after 28-01-2019 i.e. within 29-01-2019 and 28-04-2019.
Similarly (ii) if desolation of Parliament takes place, say, on 30-09-2018 then thereafter within 90 days the election is to be held i.e. within the period of 01-10-2018 and 29-12-2018.
In case of option B (i) above if it is exercised then Prime Minister and Ministers will discharge their duties as per Constitution, may be for duties as prescribed in it, but Members of 10th Parliament will no more be Members of Parliament since Parliament has already been dissolved. In case of option at B(ii) above, the Prime Minister/Ministers will continue as in B (i), but Members of 10th Parliament will cease to be as Members of Parliament due to dissolution of Parliament.
Supportive Approach: – Awami League (AL) has a learned and prominent legal aid team with a long term plan to guide the necessary amendments to incorporate in the Constitution to achieve the goal with non-myopic vision. On the other hand, BNP has no less learned legal aid team but as it seems that too many cooks are spoiling the broth. May be a Pundit seldom receives appreciation at arm’s length, in quest he reaches out to a long flung area to enrich his intake.
e.g. AL has now omitted the provision of referendum from the Constitution along with a host of long term amendments to fulfill their ultimate objectives. Contrarily, BNP has no less learned legal aid team to support but gets bogged down with myopic vision. I reckon with due apology. Moreover, BNP has seldom engaged its in-house professionals to take full advantage of its vast wealth of knowledge.
The case in point is that other day I attended a round table discussion on citizenship at Lake Shore hotel at Gulshan, hardly in-house professionals were entrusted with assignments, neither they were given floor to intervene with valid points. So is the case of BNP when it raised valid point when it advocated to institute a neutral govt. to steer the whole elections. BNP is yet to take count of the stocks and develop a consensus.
I suggest that it is high time for BNP to give a concrete shape of such a proposal to institute a neutral but helpful to all to have an acceptable election to the nation. In-house professionals with vast and direct experience in conducting elections, participating in it, having acquired an in-depth knowledge, so practical that anyone else with no practical involvement cannot deliver the goods the way BNP so much is in need.
It does not mean that we ignore the out-house professionals, diehard pro BNP, for they possess wide range of professional acumen to help BNP based on service above self as their motto. It is a must for BNP, for together BNP holds enough power to generate its power house.
Hardly, I believe that AL will digress an iota of an inch from the constitutional provisions so carefully nurtured by it with long term objectives through the process of amendments incorporated in the Constitution. AL will give in nothing to part with.
Having said that, BNP has now option available to it, either at ‘A’ or ‘B’ (i) and (ii) above. Which way it will outweigh the advantage, yet to be seen. Apparently B(i) or B(ii) options may suit better since the 10th Parliament Members of Parliament will no more be functioning as Members of Parliament.
Core elements to decide shall be:
(A): 10th Parliament Members will function as Members of Parliament as per Article 123
(3a) during the procedure of election to its completion. Or
(B) i.e. B (i) and (ii): 10th Parliament Members will cease to be as Members of Parliament
as per Article 123 (3b) during the election procedure to its completion.
Such a decision is a hard nut to crack but crack BNP must to reap the harvest and opt for B (i) or B (ii) above.
Crunch and crux of the issue at stake for BNP: – BNP now needs to make the best and reap the harvests as are available and achievable to them. BNP should open dialogue, negotiate and go on only to institute a fair, neutral Govt. to steer, congenially to all concerned, elections with amicable adjustments, for politicians never close their eyes but leave open for an opportune moment. To be an apolitical is not a virtue either.
(Abdul Mannan is a Former State Minister & Former Member of Parliament & Fellow, Chartered Management Accountant and Global Chartered Management Accountant. Former President, South Asian Federation of Accountants (SAFA).
(This opinion is that of the author himself and not that of the political party he belongs to)
[This newspaper does not subscribe to the views expressed by the author]).
