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ELECTORAL SYSTEM

Reforms Needed for Reliability and Effectiveness

by Mohammad Abdul Jalil
***Only legal measures are not sufficient for democratisation of the state and the society. The reality of life is that there is no alternative to an organised role of the people and an enhancement of their consciousness for safeguarding democratic rights and their proper exercise.***
Ihave marked that there is a general consensus among us as to the necessity of reforms and updating of the electoral laws. But. before going to that. I would like to talk a little about why and how the question of electoral reforms has turned into an Important national Issue.
In our country direct franchise at the union level was introduced in the second decade of the present century. After the electoral reforms of 1935. two states evolved in the subcontinent through elections held on the basis of universal adult franchise and the British rule came to an end. In the '50s. the victory of the progressive forces and the defeat of the reactionary forces in the election to the then East Pakistan provincial assembly has been marked as the manifestation of the free will of the people. But attempts were made after this at pressing back the forces of history through the military rule of Ayub Khan which deprived the people of all kinds of b&sic rights. Later, suspension of the right to universal adult -franchise was rather given a constitutional shape in the name of basic democracy. Though there was the right to direct franchise at the level of union council, people's right to direct franchise in the parliamentary and presidential elections was taken away. There were two more things that were later on copied by the military rulers of Bangladesh. First, the military dictator Ayub Khan introduced the so-called system of referendum (or yes/no vote) to deal the stamp of legality to his illegal rule. Needless to say. all the rulers set the world record of securing 98 per cent vote on referendums.
Secondly, they ensured the absolute victory of the political party that they formed in the military laboratory by using the state-apparatus with a view to giving the shape of party-rule to the dictatorial rule administered by one person in the uniform.
It is worth remembering that one of the major demands of the Bengali nation's movement for democracy and self-determination under the leadership of Bangabandhu Sheikh Mu-. K>ur Rahman was for the right universal adult franchise — the system of one man one vote and parliamentary rule. The
end of Ayub Khan's rule, the absolute victory of Awami League in the 1970 election and the emergence of Bangladesh through the great liberation struggle created opportunities for giving an institutional shape to democracy and electoral system. The people's representatives elected to the constituent Assembly of '72 composed the Constitution of
Tne first general election of independent Bangladesh was held in 1973 on the basis of that Constitution and the People's Representation Ordinance of 1972. The trend of military dictatorship was re-introduced in Bangladesh through the brutal killing of Bangabandhu Sheikh Mujibur Ranman on 15th August. 1975. The consti-,tutlon and the fundamental rights were trampled under feet. Following in the steps of Gen. 'eral Ayub Khan, the military ruler Ziaur Rahman first went for conducting referendum, and then for organising a political party called BNP by being in power and through using the state apparatus and the army intelligence service and thus putting on the garb of civil rule on the military rule through holding a farcical election. Tne same thing happened during the rule of the condemned dictator General Ershad.
Needless to say, the people of Bangladesh never accepted this without protest. The experience that election can never be free and neutral under any dictator led to the emergence of the two demands of the popular uprising of nineteen ninety : "I will cast my own vote and cast in favour of whoever I like", and "elections to the Parliament should be held under non-party. neutral, interim government." A steel-firm unity of the whole nation developed in the anti-autocracy democratic movement
As there was a consensus regarding this demand General Ershad was compelled to surrender power to Chief Justice Shahabuddin Ahmed and general election was held under the interim government of Justice
Shahabuddin. The democratic forces accepted the results of the hitherto free and fair general election of 1991. BNP led by Begum Khaleda Zia formed government. Expectations were naturally created among the countrymen that Khaleda Zia s government, elected in the backdrop of the people s uprising. would give an institutional shape to democracy and would behave most democraUcally to safeguard the reliability o! the election. But. before long it was found that BNP had little respect for democracy and felt that election could not be free and neutral under the elected autocracy' named BNP. The conducts of the rulers at the Mirpur and Magura by-elections shocked the countrymen.
Ignoble events of obstructing people from exercising rights of franchise by abusing state apparatus in the manner kindred to those practised by the'mili-tary dictators of the past, application of musclemen, dire violation of electoral laws and manufacturing election results according to one's liking made the future of democracy in Bangladesh uncertain. It was in this very perspective that the present PM. the then leader of the opposition. Sheikh Hasina raised the demand of holding general elections under the supervision of a non-party, neutral. caretaker government with the objective of ensuring people's rights to vote and food. The voterless, farcical election conducted by the BNP government on 15 February. 1996 in total disregard of the people's demand added only smear to the history of our nation. Once again there was a popular uprising in the country under the leadership of Sheikh Hasina in support of the demand for holding general elections under a non-party, neutral caretaker government, there was the fall of Khaleda Zia's government and the demand for caretaker government achieved constitutional support.
The experiences I would like to precisely press on the basis of the above discussion are that
1) Military rule Including different levels of autocratic rule was the main impediment In the path of democracy and free, fair and trustworthy election:
2) Electoral system could not take Institutional shape and get consolidated because the continuity of the democratic system was interrupted and elections were not held at definite intervals on the basis of universal adult franchise:
3) The practice of democracy and development of democratic political culture suffered due to autocratic rule;
4) A mass psychology has developed due to the past activities. for instance of BNP in the recent past that free and neutral election cannot take place under party-rule as it cannot take place under military. or autocratic rule; and
5) Reform In the electoral laws is a must in order to make the whole electoral system more reliable, effective and uptodate.
Bangladesh Awami League has its own viewpoint for reforming electoral laws, for making them more effective and uptodate. I would consider the proposals of FEMA in that light and place those for general judgement:
1) The proposals brought about by FEMA require to be discussed more deeply and widely on the national level. It is better not to finalize them in one workshop. They can be deemed rather as inception of a discussion, and the final proposals or recommendations formulated later on may be submitted to the Law Commission.
2) The questions of reforming the basic character of the constitution or structural change of the parliamentary system need to be examined carefully. Separate recommendations may be formulated in this regard after discussion with the political parties, people's representatives, constitution experts and leading intellectuals.
3) Methods of nomination for the Election Commission, its tenure, power and Jurisdiction etc. also require more minute
discussion. Increasing or decreasing the power of the Supreme Judicial Council will come contextually.
4) Developing national consensus on fundamental matters will surely help develop democracy. but the idea of the rule of majority in the developing democratic system should not be undermined In the name of consensus.
5) I am at one with the Idea that a more effective legal system has to be innovated for checking the use of black money, tendencies towards use of force and muscle power in election, casting of false votes, and for maintaining security before and after election.
6) A code of electoral conduct can be formulated on the basis of consensus. This code can be turned into legal com-1 pulsion and any violation of it considered legally punishable offence. Necessary laws and rules are to be formulated for this.
7) The scheme for distributing identity cards should be implemented in fill and soon. So far I know, only one-third of the total number of voters were given identity cards upto January. 1996. It needs to be completed before the next general election.
8) Wherever one voter may have registered his name, arrangements should be there so that he may exercise his right to vote in the constituency of his choice.
9) It does not make any sense to continue maintaining the traditional made of formulating lists of voters, and their renewal and scrutiny in this age of information technology. Use of computer technology for preparing list of voters is very logical and urgent. Detection of false voters will became much easy with the use of computer technology.
10) At present any one can be a candidate in the election without being registered as a voter. This should be stopped and no body should be allowed to be a candidate if he is not registered as a voter.
11) Citizens of Bangladesh
residing abroad will have to be registered as voters. They will have to be provided the scope of casting votes by setting up polling centres at Bangladesh embassies or under any special
12? The slum dwellers and other floating population also will have to be enlisted as voters and given the scope of exercising their fundamental right of franchise.
13) Existing principles and laws of determining the borders of electoral constituencies are to be made more realistic, democratic and consistent.
14) Our opinion Is that all sorts of defaulters of credit (loan) are to be declared unfit for candidature in elections.
15) There should be reservation of seats for women for two more terms. The political parties and civil society will have to take an advanced role for creating Increased scopes of women s participation in all fields of life including the Parliament, ad-"Wpresenres™;.-fluencing tne voters through use of black money and wealth must be stopped. The present celling of Tk 3 lakhs as a candidate's election expenses is no more tenable. In this regard, practical measures should be taken for 1) fixation of the ceiling of a candidate's expenses in proportion to the total number of voters, 2) submission of returns and their scrutiny and 3) transparency about the sources of Income of the political parties.
17) A real reflection of public opinion in a referendum is to be ensured if one such has to be organised at any time to fulfil the constitutional compulsions.
18) The election tribunals are to be made more effective, and disposal of cases and ap-
But, only legal measures are not sufficient for democratisation of the state and the society. The reality of life is that there is no alternative to an organised role of the people and an enhancement of their consciousness for safeguarding democratic rights and their proper exercise. For this, there will have to be a spread of education, improvement of the standard of living and a developed and exploitation free civil society.
The writer is a Presidium Member of Bangladesh Awami League.