The parliamentary special committee on constitutional amendment yesterday discussed if the Pakistani model of caretaker government can be chosen for Bangladesh to hold two more parliamentary elections.
Members of the committee, at a meeting held in Jatiya Sangsad Bhaban, also talked about keeping the existing structure of caretaker government, meeting sources said.
They however did not take any decision on the issue, and decided to sit again tomorrow to explore more options and finalise a proposal, the sources added.
The move came following the Supreme Court's recent verdict that the present interim government system is unconstitutional and void, but the system may be practiced for holding two more parliamentary elections for the sake of "safety of the state and its people".
"We will soon sit with Prime Minister Sheikh Hasina who will give a decision on the possible structure of caretaker government," a member of the committee told The Daily Star, wishing anonymity.
Contacted over the phone, main opposition BNP's senior leader Moudud Ahmed said their party wants the existing system of caretaker government to continue.
In the face of erstwhile opposition Awami League's demand, a BNP-led government in 1996 introduced the present system of caretaker government, through the 13th amendment to the constitution, for holding parliamentary polls.
Moudud said if there is any need for bringing changes to the existing system, the government should bring a bill.
"We will give our reaction after going through the bill if placed in the parliament," said Moudud, also a former law minister.
Another member of the special committee told The Daily Star that the prime minister herself referred to the Pakistani model of caretaker government, for examination.
Copies of the constitutional provisions for the caretaker government system in Pakistan were distributed among the special committee members yesterday, the meeting sources said.
A committee member said if the Pakistani model is chosen for Bangladesh, the president will appoint a caretaker prime minister and a caretaker cabinet on dissolution of the parliament.
The president will consult the outgoing prime minister and the leader of the opposition in the outgoing House to appoint a caretaker prime minister. Then the president will appoint members of the caretaker cabinet on advice of the caretaker prime minister, the special committee member added.
Members of the caretaker cabinet including its chief and their family members will not be eligible to contest in the immediately upcoming parliamentary election, the committee member said.
Moudud however said the system in Pakistan is not a caretaker government in real sense, it is something different. "We do not support it," he added.
The special committee's members at yesterday's meeting also observed that a political consensus is a must for forming a non-controversial caretaker government.
Some members of the committee said BNP might oppose whatever model the special committee would propose.
"BNP should come with an open mind and give their opinion on the issue," Suranjit Sengupta, co-chair of the special committee, said at a media briefing in the parliament's Media Centre after the meeting.
He said a draft report was prepared on the basis of the committee's talks with political parties, eminent jurists, civil society personalities, and editors of different national dailies, and the committee's own deliberations on the issue.
Members of the committee were given the copies of the draft report, and they will study it for tomorrow's meeting.
The committee earlier planned to place the report in the parliament on May 30, but now it might need some more time to complete the report, a member of the committee said on condition of anonymity.
"The special committee in its report will make its recommendations on the caretaker government system," he added.
CURRENT STRUCTURE OF CARETAKER GOVT
A caretaker government assumes office after dissolution of a parliament. Along with discharging routine work, its main task is to extend all out cooperation to the Election Commission for holding a free and fair parliamentary election.
Under the current system, an immediate past chief justice is appointed as the chief adviser to a caretaker government by the president. If such a retired chief justice is not available or is not willing to hold the post, then the person who among the willing retired chief justices retired last before the immediate past chief justice, is appointed as the chief adviser.
If no retired chief justice is available or willing to hold the office of the chief adviser, the president shall appoint as chief adviser the last retired judge of the Supreme Court Appellate Division.
If no retired judge of the Appellate Division is available or willing to hold the office of chief adviser, the president shall, after consultation, as far as practicable, with major political parties, appoint the chief adviser from among citizens of Bangladesh who are qualified to be appointed as advisers.
If none of the above provisions can be implemented, the president shall assume the functions of the chief adviser of the caretaker government in addition to his or her own functions under the constitution.
Ten other advisers of the caretaker government shall be appointed by the president on advice of the chief adviser, says the constitution.
Under the current caretaker government system, three successful parliamentary elections were held in 1996, 2001, and 2008.
Source: The Daily Star (May 27, 2011)
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