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Separating EC Secretariat from PMO

Constitutional rules not followed: PSC

Shakhawat Liton
The Public Service Commission (PSC) thinks the government did not follow the constitutional provisions in freeing the Election Commission (EC) Secretariat from control of the Prime Minister's Office (PMO).
Despite constitutional obligations,. the military-backed caretaker administration did not consult the PSC before promulgating the ordinance making the EC Secretariat independent of the PMO last month, sources in the EC and PSC said.
Aware of the move towards an independent secretariat for the polls commission, the PSC in December last year had asked the government to have its [PSC's] opinion before promulgating an ordinance to that effect.
In a letter to the cabinet division on December 6 last year, it sought to remind the government of constitutional provisions that say the PSC will be consulted in making laws that might affect the terms and conditions of a service.
It observed that terms and conditions of the EC Secretariat officials would be seriously affected once an ordinance is promulgated freeing the secretariat from the executive control.
So it is mandatory that the government discuss the matter with the Public Service Commission,” it added.
The Chief Adviser's Office, establishment and finance ministries and the EC Secretariat were issued copies of the letter signed by PSC Secretary Abdus Sattar.
But paying no heed to the concerns, the government on March 9 published a gazette notification of Election Commission Secretariat Ordinance 2008.
Following the developments, the PSC sent a letter to the law ministry on April 16, but it has yet to have any response from the recipient.
"The Public Service Commission believes that as per article 140 (2) of the constitution it was necessary for the government to have consultation with it before promulgating the ordinance," a highly placed source said, quoting from the letter.
Article 140 (2) of die constitution says the president shall consult [a] commission on methods of recruitment to the service of the republic, criteria and principles to be followed in makingappointments and promotions and transfers from one branch to another, and also on matters affecting the terms and conditions as well as discipline of that service.
The EC Secretariat ordinance was approved in principle by the council of advisers to the caretaker government on June 23 last year. It was finalised by the advisory council and promulgated by President lajuddin Ahmed in March this year.
fhe EC Secretariat ordinance stipulates that terms and conditions of the secretariat officials will be controlled through new rules.
The secretarial committee on administration development on April 10 approved service rules titled “Election Commission (Officers and Staff) Rules 2008".
These rules will replace the Election Commission (officers and staff) Rules 1979, said sources.