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Absolute power
FROM PAGE 1
But the constitution provides Premier Hasina with absolute authority to decide when parliament will be dissolved if it does not get dissolved automatically on the expiry of its tenure. Before the expiry of the tenure, the president may dissolve the House only on the written advice of the premier, meaning the life of parliament depends on the premier's decision.
Similarly, it is the absolute jurisdiction of Prime Minister Hasina to determine whether the current cabinet will continue or its size will be reduced. She will decide who will resign from and who will be retained in her cabinet. The president may appoint individuals as ministers if she advises him to do so.
There is no ambiguity in the president's jurisdiction. Article 48 (3) of the constitution clearly says: "In the exercise of all his functions, save only that of appointing the prime minister pursuant to clause (3) of article 56 and the chief justice pursuant to clause (1) of article 95, the president shall act in accor-
dance with the advice of the prime minister."
Even in these two cases, his discretionary power is very nominal because he has no option but to appoint the leader of the majority party in parliament as prime minister.
And in the case of appointing the chief justice, the president is expected to appoint the senior most judge of the Appellate Division. It cannot be said that the president makes this appointment without the prime minister's advice.
However, Hasina's announcement on Wednesday of a dissolution of the incumbent Jatiya Sangsad before the next parliamentary polls is being considered as a major breakthrough in the prevailing political deadlock over holding the next parliamentary elections.
Scrapping the nonpartisan caretaker government and retaining the Jatiya Sangsad during the election are considered as the two major obstacles to making the next parliamentary polls free and fair with the participation of the
major political parties.
Interestingly, the constitution's 15th amendment brought about by Hasina's government last year now prevents the present parliament from completing its five year tenure. If the government wants to allow parliament to complete its five year tenure, then the next polls must be held within its last 90 days, meaning the polls will be held without dissolving the current Jatiya Sangsad.
So there is no alternative, but to dissolve the running parliament at least three months before it completes its tenure. Or what the government can do is reinstate the previous provision by amending the constitution which would allow parliament to get dissolved after completion of the tenure and holding polls within 90 days of the dissolution.
The premier's announcement, however, has triggered widespread speculation as to whether her government is going for early polls at least by a few months before the scheduled time.