LET us Start with that pertinent question Why are we after ail clamouring for a Caretaker Government? Is It merely to pull the legs of the ruling party and thereby cause embarrassment, or is it a newly devised system by virtue of which only the opposition (political) parties will get elected in all future elections or worst even: Is It a ploy by which the elected BNP government can be brought down before Its term ends, etc etc? To all the above queries the answer Is very simple and It Is an emphatic NO Qur Intentions, by the grace of Almighty, are absolutely clear sincere and honest Thus the demand for a Caretaker Govern ment cannot be outrightedly brushed aside and construed as something dubious or sinister: more so becadse the demand is unequivocal, re peated. fairly universal and without any prejudice what soever. A provision for a Caretaker Government In our constitution for say. the next 20-25 years or so, initially, will not only strengthen the existing democratic Institutions and the system as such It will help us attain at least a semblance of democratic per fection — a perfection which the western democracies have attained after over hundreds of years of struggle against the 'Crown' or the colonial masters.

The next Important thing which must be borne in mind is that the demand for a Caretaker Government' is not being made to undermine In any way whatsoever our esteem Election Commission: question Its neutrality or the Integrity of those who man it. but In fact to make It even more effective under a neutral government and without the partisan hands of a party government. Administrative neutrality at the time of the national elections is a slne-qua-non Tor any electoral exercise to be called free and fair. The present election

commission, with all its good Intentions, cannot be expected to perform beyond a certain limit In view of the fact that they have to solely depend on the available bureaucracy which forms the local as well as the higher administration And since the administration has been invariably politicised by almost all tbe regimes so far the limitations of a helpless EC are clearly manifested That ft exactly why we need a neutral government to take over charge, and create an atmosphere fondly called con duclve. before holding a satisfactory election

As Mr Suronjlt Sen Gupta. MP. has so rightly pointed out: "that the public servants of the country confuse between I he State and the Government; as a result the government of flcials' service, during the elections, goes definitely in favour of the government headed by a political party" (DS 18 5-94) And this holds true for almost every govern ment so far. with some honourable exceptions here and there However, our misfortune as I ran read Is. that the BNP leadership, by and large, from within the core of their hearts, accept the merits of a 'Caretaker Government , but have decided to oppose the opposition only because they feel that the credit for such a mervellous Idea will go to their political opponents, and when history is written someday without distortions, their names will be relegated to the background (Obviously the selfish human instinct takes over reasoning and logic In this case) Contrary to what has been Just said. 1 believe, that the public in general will profusely praise the BNP leader ship if they extend their hands of cooperation towards the op position and unitedly give the nation the gift of a Caretaker Government

Amongst the points raised so far. Accountability seems to be on the top: followed by the

arithmetic of constitutional vaccumness . etc etc Well, how does it sound when some one says that the Caretaker Government will not be accountable to anyone? It obviously gives the impression that the honourable gentlemen who will form the Caretaker Government will, in a body run away from the country just prior to the transfer of power, leaving behind a helpless Incoming elected government with the Herculean task of tracking the fugitives with Searchlights ' Doesn t It sound simply absurd? How can one Imagine such a scenario when there are instances to show that a Caretaker Government has been fully accountable within a limited time frame and has performed even better than some of the elected gov ernments themselves? In which field did the Caretaker Government of Justice Shah abuddln over step in 1991 or acted beyond Its Jurisdiction, or Indulged in any corrupt practice? After all what does accountability' mean? Doesn't It mean to be answerable/llable for any deed, action or decision taken, and thereby be capable of explaining one s conduct to the authority which has to popular mandate of the people?

As a matter of fact, the task of the Caretaker Government shall be clearly spelled out and if the Incoming, newly elected government finds any diacrep ancy or fault with the members of the Caretaker Government’ or discovers at any stage that they have transgressed the set limits, or have acted beyond their Jurisdiction on any count; proceedings as per law of the land shall be Initiated. Hence, the argument of Barrister Rafique (the Hon'ble Works Minister) and his colleagues are not only feeble; they are totally devoid of sound reasoning and absolutely untenable.

When the question of a Caretaker Government was first raised in the second half

of 1990 and subsequently accepted by December 90 there was no provision in our const! tutlon to that effect. Or was there any? Constitutional or other related legal points were not allowed to be raised by the mainstream opposition and no comparisons were made to prove that the formation of a Caretaker Government would be unconstitutional The broad spectrum of the people wanted It. and so there it was And certainly the heavens did not fall down nor did the constltu tion get mutilated. 9Way the scenario has definitely changed — we are not asking an autocrat or a Usurper to give us a Caretaker Govern ment . nor are we trying to undermine or by pass the Constitution and indulge in something which has not been heard of after Adam and Eve fell from the heavensl We are. with all innocuous Intentions, demanding from an elected government (which fortunately or unfortunately Is itself a product of a Caretaker Government I relevant amendment (s) or incorporation In our constitution of such clauses which will explicitly spell out the details pertaining to the temporary Caretaker Govern ment In that case, the beneficiaries will Include the BNP Itself, for who knows when the tables turn and the present government faces the music from the other side?

What Is quite Interesting Is the obduracy of the BNP leader ship from the very beginning of this demand

Barrister Moudud Ahmed has very confidently answered most of the controversial questions raised In recent days by the BNP Ministers and I do not wish to repeat those; but when comparisons are made, especially with democratic government, why are we asked to read between the selected lines only? Whatever applies to you. Sir. should also apply to us. And pray, which civilized.

democratic country has ever appointed a full-time politicians. who Is a defecto member of the ruling caucus (plus a sitting MP) as the Chairman of Red-Cross or Red-Crescent Society: and In which civilized, democratic country the humanitarian relief of the Red-Cross or Red Crescent is fully pumped Into a particular political constituency for political purposes? Even the Holy Family Hospital and the Rohingya refugee camps have not been spared Each and every appointee, after April 1991 in those places has been a personal choice of the BDRCS Chairman from his constituency! Do we need more examples of fairness, integrity and trust?

Before I conclude. I have some specific suggestions which are exclusively my own. personal opinion; although I am fully committed to the stand which my party finally takes

a) If the ruling BNP and all other major parties finally sit down to work out a formula for a Caretaker Government'. the Chief Election Commissioner should also be Included In all such deliberations. This will serve a number of purpose, be sides instilling a sense of extra confidence in the CEC Immediately after the dlsaolu tton of the parliament and the cabinet, a National Election Council (NEC) shall take over as the Caretaker Government The Incumbent Head of State shall be its Chairman and the Chief Election Commissioner the Vice-Chairman The NEC should be composed of the following persons for an overall co-ordination and smooth functioning of the day to day government The Cabinet Secretary, the Principal Secretary to the out going PM Chiefs of the three services, the police chief; the Secretaries of Defence. Home and Finance along with a senior Judge of the Supreme Court, to be nominated by the Chief Justice shall be the other members of NEC. The NEC may also have the Attorney General as a member However. in case of any controversy regarding the continuation of the Head of the Stale, the CEC as the Vice-Chairman should assume the office of the President of the Republic and function as the chairman of the NEC There Is absolutely no need for a Prime Minister or an interim Cabinet when the main task of the Caretaker Government will be confined to recovery of unauthorised arms/ammunitions. maintenance of law and order and running of the day to day af fairs of the government with the help and assistance of the existing bureaucracy.

The pious’idea to bring in the CJ. each and every time, is not at all a healthy sign. Not long ago. Judges were almost invisible, except when they adorned the benches Today, marriage ceremonies, death anniversaries, seminars, social gatherings and .of course Sugandha receptions, are all blessed by eminent personalities from the bench! Further, the choice of a neutral cabinet today will not be as easy a task as it was tn 1991 It seems that everyone' has a big political tail now

Before I conclude. I must confess, that the proposed amendment will not be a smooth exercise as it falls under the prohibited list of amendments. (Preamble. Articles 8. 48. and 56) and will need a referendum; yet it Is worth a trial — because the referendum Itself will put a stamp of national consensus on the above amendment And as Barrister Moudud has aptly pointed out: “that the concept of a Caretaker Government' Involves a political Issue and not constitutionalism." It also requires a pious will — but do we have that?

The author is a former MP and minister