***In the interest of holding general elections of members of parliament peacefully, fairly and impartially, they should be held after dissolution of parliament, whether by reason of the expiration of its term or by reason other than the expiration of its term.***

THE much-talked-about 15th amendment to the constitution provides, inter alia, that the general elections of members of parliament (MPs) will be held within ninety days prior to the parlia-

ment's dissolution. During these ninety days, the parliament will remain, but it will not have any activity as the amendment has limited its power and functions for that period. As a result, the next parliamentary election will be held under the Awami League-led government.

The aforesaid provision is largely the replication of what existed in the constitution adopted on November 4,1972. Article 123 (3) of the constitution provided that a general election of MPs shall be held within ninety days before dissolution of parliament by reason of the expiration of its term, and within ninety days after dissolution of parliament by reason other than the expiration of its term. In the fourth amendment to the constitution, the words "ninety days" were replaced by the words "one hundred and eighty days" in both places. The thirteenth amendment that led to the introduction of non-party caretaker government system (now defunct) in amended the provision. The substituted provision said that a general election of MPs shall be held within ninety days after parliament is dissolved,

whether by reason of the expiration of its term or otherwise than by reason of such expiration. This provision had existed before the parliament passed the 15th amendment to the constitution on June 30.

Bangladesh follows Westminster-style parliamentary democracy. The provision of holding a general election of MPs during the life-time of a parliament appears to have no parallel in Westminster-style parliamentary democracy.

India is the largest par-liamentary democracy in the world. Each Lok Sabha of India is formed for a five-year term, after which it is automatically dissolved. It can also be dissolved earlier. "When the term dissolution of Parliament is used, it only means the Lok Sabha, the Lower House of Parliament" — says an analyst. After the Lok Sabha is dissolved, elections are held to constitute the next Lok Sabha. The prerogative of announcing the dates and conducting the elections belongs to the election commission.

In Britain, the life of the House of Commons, which has always been a purely elective body, is for five years unless previously dissolved. A general election is called following the dissolution of House of Commons to elect MPs for the next house.

In Canada, the duration of a parliament is limited to five years, except in the event of "war, invasion or insurrection." In the

absence of dissolution, the parliament would simply "expire." In practice, parliament has always been dissolved, even if this is done only a few days before the five years have passed. Dissolution of parliament is followed by a general election to elect MPs.

In Australia, the House of Representatives, also called the "people's house" or the "house of government"

expires three years after its first meeting if not earlier dissolved, after which general election for a new house must be held.

In New Zealand, a general election of members of House of Representatives, commonly called parliament, occurs every three years, unless a major crisis arises or the prime minister loses ability to command a majority in the parliament. Dissolution of parliament leads to a nationwide general election for electing members of the next house.

We have seen how general elections were held in our country prior to the introduction of CTG system (here caretaker government also includes the government of Justice Shahabuddin Ahmed who, as nomi-

nee of the combined opposition, assumed the state power following resignation by the Jatiya Party government of HM Ershad on December 6,1990).

Elections held prior to 1991 were blatantly rigged, often marked by violence, intimidation, booth capturing, ballot box snatching, vote buying, political interference and manipulation of results. "In the period since independence, there was, however, a gradual public alienation from the election process owing to alleged electoral malpractices. As such, election results were always a foregone conclusion rendering no positive effects on

the political process. The crisis of people's confidence in the stage-managed election system reached the peak during the rule of General Ershad. Restoration of democracy through fair polls was ultimately transformed into a united anti-Ershad movement by he combined opposition parties with a forceful demand for a neutral caretaker government." — says BANGLAPEDIA.

It is not that there were no incidents of malpractices in elections held during the CTG system. But it has been acknowledged nationally and internationally that elections held during the caretaker government system were generally free, fair and impartial. This was possible mainly due to two factors: (1) combined efforts of CTG, election com-

mission and the administration for holding peaceful and fair elections; and (2) existence of a level playing field for all candidates in the elections.

Question may arise as to why we are making provision for holding general elections during the life-time of a parliament when the countries practising Westminsterstyle parliamentary democracy hold general elections after the dissolution of their parliaments.

We know how the Upazila Parishad Act-2008 has not only made an MP from a constituency an adviser to UZP but has also given him power to control decisions of the UZP. In fact, he has the last say in all matters, whether developmental or otherwise, in the upazila. When a sitting MP, particularly an MP from the party in power, contests in a parliamentary election, the existence of a level playing field for all candidates in that constituency becomes an impossibility.

To conclude, in the interest of holding general elections of members of parliament peacefully, fairly and impartially, they should be held after dissolution of parliament, whether by reason of the expiration of its term or by reason other than the expiration of its term. This will be in consonance with the system of holding general elections of members of parliament in other countries that practise Westminster-style parliamentary democracy.

The writer is Former Secretary.

E-mail: Iatifm43@gmail.com