Polls-time govt possible as per constitution, BNP readies formula

Logo of BNP
Logo of BNP

The Bangladesh Nationalist Party (BNP) is working on a neutral election-time government, which the opposition party thinks, is possible without amending the existing constitution.

Several BNP leaders say they have already drafted the formula of such an administration, aimed at bringing an end to the prolonged political impasse over elections.

The president shall appoint the prime minister based on consensus of all registered political parties and parliament will then be dissolved to pave the way for free, fair and credible elections, according to the draft formula, a copy of which is secured by Prothom Alo.

Accordingly, the president, using his constitutional powers, will also appoint a panel of advisers to assist the prime minister and run the administrative affairs of the election-time government.

The opposition party will share the outline with the Awami League government, if it wants, to come to understanding, said the BNP leaders.

However, they added, the BNP and its allies may have to launch popular movement after making the formula public and in order to realise their demand.

The BNP has made its formula ready as the ruling Awami League has consistently been rejecting the demand for any polls-time govenrment beyond the purview of the current constitution amended by it in 2011 and later on.

Despite the government's rigid position, the BNP believes its formula for a neutral administration in the form of polls-time supportive government or so could be implemented without any amendment to the constitution.

The BNP is confident it is possible to reach an understanding on such govenment through talks.

The outline of the government

Firstly, the president shall appoint the prime minister of the polls-time government on the basis of consensus among the registered political parties. No existing or retired judge should be appointed as prime minister.

Secondly, the prime minister will advise the president to dissolve parliament 90 days prior to the end of his/her tenure. The prime minister will then resign in accordance with the article/s of 57 (1) (a) and/or 58(4). The cabinet will also be dissolved following her/his resignation. The president, then, instead of implementing article 57 (3), will execute article 48 (3) to use his prerogative in relation to appointment of the prime minister and the chief justice.

According to article 57 (2), the president can select one-tenth of the cabinet including the prime minister and s/he will also appoint the prime minister holding dialogue with all political parties. The prime minister cannot be someone from the ruling party. The president will appoint 10 advisers following consultation with the prime minister. The advisers will not be picked from non-party people.

No oath-taking will be required as the advisers are not ministers. The supportive government under the leadership of the prime minister will hold election within 90 days and hand over power to the elected government. The supportive government’s tenure will terminate the day the new government will be installed.

A group of pro-BNP lawyers have prepared the draft of the formula and its propositions have been inferred from the constitutions of Bangladesh and also India.

However, the lawyers who are said to have been assigned for the job do not want to be named, nor would they make any comment.

Moudud Ahmed, member of the BNP standing committee and senior lawyer, has recently told the media that a neutral government formation is possible under the constitution.

He recalled the experience of 1990. during the fall of the Ershad regime and how an interim government was formed on the basis of a consensus of the political parties.

This time around as well it is possible, he insisted.

Moudud said even if there is any deviation from the constitution during the process of functioning of such administration, that can be indemnified by the subsequent elected government.

So, the BNP leader added, there is no need to amend the constitution in order to form the polls-time govenment the opposition is insisting on.

*This report, originally published in Prothom Alo Bangla online, has been rewritten in English by Nusrat Nowrin and Toriqul Islam.