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Mandate or No Mandate : An Analysis

by Manzoor Hasan
IN normal circumstances one of the issues that a general election should settle is that of electorate's preference for a set of policy espoused by one political party as opposed to others. In other words, after a general election the successful political party can confidently form a Government knowing that it has the support of the electorate to implement certain policies over a period of time prior to the next general election. Lawyers would describe this as the doctrine of mandate. But such a doctrine Is dependent on a number of factors and subject to certain exceptions.
Firstly, the electorate must be presented with a real choice. By definition choice Indlcatesplurality of political parties. The electorate cannot indicate its preference if. for all practical purposes, the election Is dominated by a sin ,gle political party. Inspite of the existence of cartain peripheral organizations such a one-party election may achieve other constitutional and political objectives but cannot claim to have the public support or mandate. In other words, the victory is hollow.
Secondly, the participation of the electorate has to be significant. Even If it is considered that the electorate has been presented with a real choice in terms of political parties it is only the voters’ in-•volvement in the actual process which can provide the required legitimacy. In most countries the civic duty of the electorate is not compulsory but nevertheless the level of turnout is a crucial Indicator The force* determining the
electorates' behavidr on the election day and percentage of vote cast have become a subject matter on its own right. In many countries the famous "swingometer" as seen on television screens on the election evening has a serious side to it. A low turnout on the election day could be either due to political apathy on the part of the electorate or just due to atrocious weather condition.
Thirdlyr the environment in which the electorate has to exercise their political and civic right is crucial. The prevailing environment may also have a bearing on the level of turnout as discussed above. But one can envisage a scenario which satisfies the two factors discussed above: there may be a real choice and the level of turnout of the electorate may also be relatively significant but nevertheless it is possible to have an environment which creates forces, either blatant or subtle, in favour of or against certain political parties. In other words, the per ceptlon of the general eiec toratf Is aS important as the actual machinery of election.
Fourthly, the machinery of election. In order to encourage voters to participate such mundane matters as the elec toral register, the delivery of the polling cards to the electorate. the dissemination pf In formation regarding polling stations and the assurance that the voters will actually be able to cast their votes are impor tant psychological considers
r.^aily •. < ouk! be said that
a country like Bangladesh with limited experience of democracy cpuld gain from the presence of observers from other countries. A clean bill of health from such observers could give the final seal of approval for the political party which comes out victorious.
It is obvious that the elec-. tlons of 15 February 1996 would be extremely hard-pressed to satisfy the criteria discussed above. As stated at the outset the doctrine of mandate is applicable in normal circumstances. Therefore, it could be argued that as the country is going through an abnormal situation the doctrine of mandate will have little relevance. Even if it is relevant the mandate of the electorate obtained during an abnormal and exceptional situation can only be a weak one. Such a weak mandate can only be rectified by way of seeking a new mandate Tne sooner a weak mandate can be strengthened the better It is for the sake ot democracy.
A mandate obtained during normal circumstances can be set aside bv a government in the event of < hanged circumstance for example a slate of emergenev or conflict natural disaster dramatic economic upheaval It cannot he expected that a government will remain totalh laithhd to the policies put ii the electorate during tire whole period in Ite-twefi! elections Tins would amount to se rious hancltc ap and m ix . I* ''ett-’teiti ’I to the welfare ot the people is one oi th< duties of the Gcw
ernment to respond to changing circumstances. Neither is it practical for a Government to put to the electorate for a fresh mandate every new policy formulated during its fife-time.
Finally, the doctrine of mandate is usually a "stick" that the Opposition uses to humiliate, harass and embarrass the Government But the Opposition cannot totaHy absolve itself from its responsibility. Similar to the Governments mandate from the electorate the Opposition has to discharge Its own'mandate. It is in this context that the fa mous saying of "politics being the art of the possible" would come into play The relationship between the Government and the Opposition is to def with the level of accommodation and trust between the two sides within the context of an open society The accusations of "illegitimacy". Illegality", "electoral dictatorship'’, "vote rigging opposition irresponsibility should remain con fined to the political tactics of the Government and the Op position within a defined parameter Unlortunatelv the politicians in Bangladesh, belonging both to the Government and the Opposition, are yet to formulate the ground rules to determine the rela tionship discussed in this ar ticle It is never too late The people of Bangladesh must be hoping that the politicians will rise abuse tlie present flickering and involve themselves In a constructive dialogue bearing in mind the wellbeing of the nation and its citizens
The author is .1 Hamster al lag