***Dr. Kamal Hossain, Senior Advocate of the Supreme Court, speaks to Zaved Hasan Mahmood about the present political impasse, it's political and constitutional implications and a probable way out.***

The Daily Star (DH) The pur pose of election in democracy is not only to elect a government but also to give an opportunity to the people to choose from the competing policies of different political parties From that point of view can the present election be called an election at all?

Dr. Kamal Hossain (KH) : Democracy is a form of government in which people choose, through elections, representatives, who are entrusted with legislative and executive powers. The representatives are expected to be responsive to the needs and priorities of the people. Political parties and candidates are expected to present /heir programmes and policies so that people can choose between competing parties and candidates on the basis of the alternative programmes offered to them — through which declared policy goals will be' sought to be achieved.

The proper functioning of democracy is Impaired when political parties become captive to powerful groups, who use money (Ui-gotten black money) and musclemen (often armed gangs) to control politl-, cal parties and to interfere with the electoral process. Parties thus become Instruments to serve the interests of those powerful groups and not of ordinary mer^ and women, who thus become .disempowered and helpless. Where money and muscle dominate politics, real choice between competing parties and candidates become illusory, since political parties and the candidates nominated by them no

longer consider it important to present meaningful 'alternative programmes or to aim to win the hearts and minds of people. To have meaningful election. people must be offered a choice between political parties committed to promote the interests of those who vote for them. Elections are reduced to a mere ritual when the competing parties are little more than organisations competing to secure power at any cost to serve the interest of powerful groups. The present, election and the crisis which it has created shows how unless the interests- of the people are given primary importance, and political parties are committed to serve the people, elections can become a source of divt-' siveness and conflict — a ruthless power struggle among powerful contenders with little concern for the interest of ordinary men and’women or the national interest.

DS : It Is felt by many that 90 per cent people abstained from voting. What would be the legal validity of the government formed in pursuant to the election?

KH. Widespread abstention from voting detracts from, and1 if it Is on large enough scale negates, the very purpose of holding an election. wWrh is to enable people to choose their representatives who are to exercise power on their behalf. To hold a meaningful election it is necessary to nurture and maintain an environment in which all voters can freely exercise their rights. Because of the insensitivity of the competing parties and the type of negative politics that we have witnessed for some

time a one-sided election has been held which has not been meaningful and has denied the people the right to choose • their representatives. This is why there is serious concern that this election could not produce a representative or effective parliament, whatever view may be taken about its formal legality.' It is. therefore, imperative to hold a free and fair election .as early as possible. under a caretaker government. to constitute a truly representative Parliament.

DS : Under the Constitution all powers in the Republic belong to the people and that is exer-cist^j by the elected representatives of the people. Do you think that the new government. which doesn't represent a vast majority of people, has the right to exercise the power on behalf of the people?

KH : The basic constitutional provision (Article 7) that all power of the Republic belongs to the people and that this should be exercised by representatives of the people can only be made effective through a genuine free and fair election, in which all people entitled to vote can exercise right to vote freely and fairly, arid thus establish a truly representative parliament.

DS : What would be the position of the people when they feel that the government is not entrusted to exercise sovereign power on behalf of the people?

KH : It is essential now for people regardless of the political afflliatiorT unitedly to call for a truly free and fair election to be held as early as possible and to establish an interim

caretaker government which can take measures and steps to reconstitute the Election Commission, which failed miserably to discharge its constitutional responsibility and to take other effective measures to hold a free and fair election. People should unitedly assert the national consensus on this matter and not allow the escalation of violence and repression to continue as this threatens the Constitution and democracy itself. All sections of democratic forces, including all professional organisations, should unite on thfs.point and must speak out with one voice in urging that immediate steps be taken to have a peaceful resolution of the deepening crisis through a process of national dialogue.

DS : What can be done to solve the present crisis? Do you think that the President has power to take over executive authority of the state and conduct an election, as claimed by some of the oppositions?

KH: Under the Constitution. there is no scope for the President directly to take over executive authority. He can. however, help to initiate a process of national dialogue by expressing his view about its desirability and suggesting that some respected personalities who enjoy public esteem and confidence, take a constructive initiative to hold consultations with all concerned sections of the nation and to propose a peaceful solution to the national crisis.