**A weak mandate can only be rectified by way of seeking a new mandate. The sooner a weak mandate can be strengthened the better it is for the sake of democracy, suggests Manzoor Hasan**

. f N normal circumstances I one of the Issues that a I 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 genera) 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 IndicStesplurallty of political parties. The electorate cannot indicate Its preference if. for all practical purposes, the election Is dominated by a single political party Inspite of the existence of certain peripheral organizations such a one-party ejection 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' involvement 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 forces determining the electorate's behavior 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 thq election evening has a serious aide 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.

Thirdly, 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 arid the level of turnout of the electorate may also be relatively significant but nevertheless it la possible to have an environment which creates forces, either blatant or subtle, in favour of or against certain political parties. In other words, the perception of the general elec-

torate 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 electoral register, the delivery of rhe polling cards to the electorate. the dissemination of information regarding polling stations and the assurance that the voters will actually be able to cast their votes are Important psychological considers- , tions. Finally, it could be said that a country like Bangladesh with limited experience of democracy could 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 elections of 15 February 1996 would struggle 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 situ- . allon can only be a weak one. Such a weak mandate can only be rectified by way of seeking a new mandate Ine sooner a weak mandate can be strengthened the better It is for the sake of democracy.

A mandate obtained during normal circumstances can be set aside by a government In the event of changed circumstances, for exaipple, a state of emergency or conflict, natural disaster, dramatic economic upheaval. It cannot be expected that a government will remain totally faithful to the policies put to the electorate during the whole period in be-

tween elections. This would amount to serious handicap and may even be'detrimental to the welfare of the people. It is one of the duties of the Government 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 lifetime.

Finally, the doctrine of mandate Is usually a "stick" that the Opposition uses to humiliated, harass and embarrass the Government. But the Opposition cannot totally absolve itself from its responsibility. Similar to the Government s mandate from the electorate the Opposition has to discharge its own mandate. It is^in this context that the famous saying of "politics being the art of the possible would <"ome into play. The relationship between the Government and the Opposition Is to do with the level of accommodation arid 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 confined to the political tactics of the Government and the Opposition within a defined parameter. Unfortunately the politicians In Bangladesh, belonging both to the Government and the Op position, are yet to formulate the ground rules to determine the relationship discussed In this article. It is never too late. The people of Bangladesh must be hoping that the politicians will rise above the present bickering and Involve themselves in a constructive dialogue bearing In mind the wellbeing of the nation and its citizens"

^Manzoor Hdsan Barrtster-in-