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Dr Kamal spells out steps for effective EC, caretaker govt

UNB, Dhaka
Eminent jurist Dr Kamal Hossain yesterday spelt out a set of urgent measures to ensure true independence of the Election Commission and nonpartisanship of caretaker government, as politicians from the two sides of the divide locked in quarrels over conduct of the next polls.
"People are seriously concerned that free and fair elections can't be ensured unless certain urgent measures are taken to make the Election Commission truly independent and effective and the nonpartisan caretaker government truly nonpartisan and impartial," he said while showing
the solutions without needing constitutional changes.
Talking to UNB at his law chamber, Dr Kamal, also leader of Gono Forum, said people expect a change through a democratic process of free and fair election.
Elaborating on his proposals, he said, " It is necessary that appointment of the chief election commissioner and other commissioners be made through a process of effective consultations of the government with opposition parties so that their impartiality and independence remains above controversy."
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In reply to a question, he said, "Unilateral appointment by the government without consultation tends to generate controversies and undermine the confidence in the election commission."
Dr Kamal said Election Commission must also have its own separate budget, officers and staff and not be dependent upon the government. It must also be able to ensure independence of the returning officers, presiding officers and the others who conduct elections.
The Election Commission must have power to monitor violation of election laws and adjudicate to take penal actions against the transgressors, he noted.
"In order to protect the election process from the destructive impact of black money, candidates must make public declaration of their assets and their dependants," he said, adding that political parties and others must be made financially accountable through public disclosures.
About opposition plea for reform of caretaker government, he said, "The caretaker government must be headed by a person who is above controversies and whose nonpartisanship cannot be questioned."
Dr Kamal, who is also an author of the Bangladesh Constitution, said the existing constitutional process has to be interpreted and applied in the light of the aforesaid fundamental objective.
Asked if an amendment would be needed to ensure the nonpartisan character of the caretaker government, he said," If this fundamental objective is kept in view, the problem can be resolved without constitutional amendment."
In the Constitution there is a provision for appointing chief adviser of the caretaker government from among other eligible citizens under certain circumstances.
Article 58C (5) of the 13th
amendment says," If no retired judge of the Appellate Division is available or willing to hold the office of chief adviser, the president shall, after consultation, as far as practicable, with the major political parties, appoint the chief adviser from among citizens of Bangladesh who are qualified to be appointed as advisers under this article."
Asked if he seeks early parliamentary elections in view of the prevailing political situation, Dr Kamal said, "I see from various reports, and particularly from activities of the government, that an election may be called even before the end of the fifth year of its term."